My lease will not be renewed???

Zero cause was given. I have two months to vacate an apartment in which I've been living for two years.

I strongly suspect it's either because I OC, or because I've complained about the downstairs neighbors excessive smoking (which infiltrates my apartment) and noise (which also infiltrates my apartment).

My complaints about the downstairs neighbors were always done politely, infrequently (despite frequent abuses and violations (theirs) of the lease). The Colorado Springs Police Department also visited them once in the wee am hours whereupon they confirmed their noise violations.

If no reason was given, is this even legal? Can a landlord arbitrarily refuse to rent to a tenant in good standing for no reason?

Please cite Colorado Statute, if you have it!

Thanks.

http://www.google.com/m/url?client=...YQFjAA&usg=AFQjCNGFSmCvMfZa9OY3hlthRuToT15p9g

You want to read under "termination of lease". I was going to paste it for you but my phone won't let me for some reason. Basically they can fail to renew your lease at the end of it's term and give you the same amount of notice to move as you are required to give them.

You have the option to move at the end of your lease and do not have to give any reason. They are afforded the same privilege. It sucks but they are within their rights to not renew regardless of the reason. There are a few exceptions like refusal due to race, religion, sexual orientation etc. But A. They are very hard to prove, and B. Your 2 amendment right doesn't fall under that protection.

Again it sucks and doesn't seem right or fair, but unfortunately it is legal

IANAL.

How long have you OC'd? What gives you the idea that would be the reason after 2 years?

mahkagari said:

How long have you OC'd? What gives you the idea that would be the reason after 2 years?

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I've OC'd since February, 2010. I rarely wore my firearm while visiting the management office before my lease was renewed in July 2010, and immediately afterwards the complex gained a new maintenance manager. It's clear from his reaction he's not happy about the fact I carry. Most of the other residents don't seem to mind, though. Many are military, and I know quite a few who CC all the time.


Thanks for the link. Reviewing it now. Having been a landlord, however, I know there are laws to prevent this.

Why not also talk to them and:

1. Try to find out what is going on, and

2. If you like living there, try to talk them out of it, or find out if there is something you can offer that would change their mind. Maybe it would be as simple as not OCing around the apartment complex. Or, maybe they are planning to completely renovate the unit. You never know until you ask.

I found one such law, here. Having said that, however, if they choose not to renew my lease, then I suspect my status as of the expiration of my current lease would change from "tenant" to "squatter."

Nevertheless, I know that in North Carolina (where I was a landlord), a landlord cannot arbitrarily refuse to renew the lease of a tenant without cause then turn around and re-rent the unit to someone else. Most states have similar laws protecting to protect tenants, provided they remain qualified tenants.

I'm trying to find the law in Colorado which governs tenants' rights against such arbitrary and capricious action.

I am a qualified tenant. I keep the place neat and clean, pay my rent on time, and do not violate any provisions of the lease.

Citizen said:

Why not also talk to them and:

1. Try to find out what is going on, and

2. If you like living there, try to talk them out of it, or find out if there is something you can offer that would change their mind. Maybe it would be as simple as not OCing around the apartment complex. Or, maybe they are planning to completely renovate the unit. You never know until you ask.

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Good advice, Citizen. I did so this afternoon, including hand-delivering them the following letter:


Ms. X is the apartment complex manager.

In addition, I sent the following letter to her three more people up the chain higher than her:


Ms. Y is the VP for the company, and sits three levels higher than the apartment complex manager.

since9 said:

I found one such law, here. Having said that, however, if they choose not to renew my lease, then I suspect my status as of the expiration of my current lease would change from "tenant" to "squatter."

Nevertheless, I know that in North Carolina (where I was a landlord), a landlord cannot arbitrarily refuse to renew the lease of a tenant without cause then turn around and re-rent the unit to someone else. Most states have similar laws protecting to protect tenants, provided they remain qualified tenants.

I'm trying to find the law in Colorado which governs tenants' rights against such arbitrary and capricious action.

I am a qualified tenant. I keep the place neat and clean, pay my rent on time, and do not violate any provisions of the lease.

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The law you reference doesn't apply. I'd have to look but Chapter 13 of the CRSA comes to mind for this type of situation. Unfortunately, unless it is written into your lease agreement that he must show cause why he won't renew, once the lease expires you become a tenant at will and can negotiate month to month renewals, but there is nothing in law that forces a lessor to renew a lease, absent discrimination. As he has given you notice, he is declining to allow you to become a tenant at will or a renewed lessee. I don't think you have any legal recourse. The laws that protect tenants you're talking about apply to early termination for many reasons, not renewals. If what you say applies in NC, it's the only state I've ever heard of with that type of provision. Here is Colorado law:

Voluntary Termination at the end of the lease
In Colorado a landlord is under no legal obligation to renew a lease once the
term has expired. If there is no clause requiring notice of termination, the
tenant is responsible for leaving on the date the lease ends. A common
practice is for a written lease to require 30-60 days written notice before
terminating the lease. The failure of either party to provide proper written
notice may result in both parties being obligated to another tenancy term
(usually one month at a time). See C.R.S. Section 13-40-107 for specific
information about the legal requirements.
Early termination of a lease can occur at any time if the landlord and tenant
mutually agree to – and formally document - it. Some leases state that
without prior notice to quit, a lease will continue for another term with the
same original conditions.

Does your lease revert to month-to-month at the end of the specified period? Most do. You've been there for two years, so they must give three months' notice that they are terminating the lease. If it's for six months to 1 year, they only have to give 1 month notice.

If you pay on time and ignore their order to vacate, it becomes difficult to evict you. It can be done, but it's expensive.

Some Colorado-specific information:

http://www.cobar.org/index.cfm/ID/1...rd-Tenant-Rights,-and-Obligations-of-Tenants/
http://www.ext.colostate.edu/pubs/consumer/09905.html
http://www.apartmentsusa.com/colorado/co-rent-tips-eviction.htm

Any word yet?

I Dunno. Too harsh?


Her response: "After reviewing the notes from the site, I do believe it is in the best interest of the property to move forward with reclaiming their apartment unit."


Folks, if Griffis "Blessing" is in your area, don't be fooled. They're a blessing to no one but themselves.

Yes, way to harsh.

I also don't understand the "financial rape" comment. You didn't mention anything about any problems other than the non renewal of your lease in earlier postings.

sharkey said:

I also don't understand the "financial rape" comment.

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I LIVE here. This is my HOME. It would cost me several thousand dollars to move, i.e. a financial RAPE. Do you understand it now?

You didn't mention anything about any problems other than the non renewal of your lease in earlier postings.

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I open carry about the premises. As I keep my place spotless, there's ZERO lawful reason as to why they'd chose to sign up another customer in place of myself.

KBCraig said:

Does your lease revert to month-to-month at the end of the specified period? Most do. You've been there for two years, so they must give three months' notice that they are terminating the lease. If it's for six months to 1 year, they only have to give 1 month notice.

If you pay on time and ignore their order to vacate, it becomes difficult to evict you. It can be done, but it's expensive.

Some Colorado-specific information:

http://www.cobar.org/index.cfm/ID/1...rd-Tenant-Rights,-and-Obligations-of-Tenants/
http://www.ext.colostate.edu/pubs/consumer/09905.html
http://www.apartmentsusa.com/colorado/co-rent-tips-eviction.htm

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They don't have to give 3 months unless it is 'specifically in the lease.' They have to give one month, by CO law, that's all, as I noted above. Failing that, leaving at lease end is required, although a 30 day extension is automatic, as a practice, failing other notification requirements. However, as they gave him 60 days, one could assume that to be in the lease. If Since goes through eviction, NO ONE will rent to him. At least not in a place I'd live. That is NOT an option. He is getting screwed, but it is purely legal. Appeal up the chain is his only option.

Gunslinger said:

They don't have to give 3 months unless it is 'specifically in the lease.' They have to give one month, by CO law, that's all, as I noted above.

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My last link is to the text of the CO law. If the period of tenancy is 1 year or more, 3 months' notice is required.

since9 said:

I LIVE here. This is my HOME. It would cost me several thousand dollars to move, i.e. a financial RAPE. Do you understand it now?

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Yes I understand.

I would be more articulate and less emotional. Telling someone they're being played may make you feel better but it will not help to resolve your situation.

A lease is simply a contract. At the end of the contract, both parties are free to do what they want. In this case the landlord chose not to renew your lease. It's not "financial rape", its the nature of apartment living. You have no rights to forcefully live on someone else's property indefinitely even though you pay rent. You do have that right for as long as the contract (lease) is in force. You agreed to the contract terms, including the duration of the lease. You can't claim "rape" when there was consent.

It sucks to be put out of what you consider your home, but again it's the nature of apartment living. You can get a U-Haul and some buddies to help move I would think for a lot less than "several thousand" dollars.

KBCraig said:

My last link is to the text of the CO law. If the period of tenancy is 1 year or more, 3 months' notice is required.

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I agree, but the workaround is the 30 day "automatic" extension as 'lease at will' that I mentioned. Or, the lease could have the 60 days written in--don't know, but if so, it is a legal modification to the contract if both parties sign.

10A said:

....It sucks to be put out of what you consider your home, but again it's the nature of apartment living. You can get a U-Haul and some buddies to help move I would think for a lot less than "several thousand" dollars.

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While this is true prospective renters generally require more than a wink, nod, and a handshake to move it. Considering his strained resources I can understand how it will be difficult for him to have deposit+first months rent+last months rent. <-(possibly) It sucks, and you have my condolences, though they won't help you much. I could maybe send you a little money, but as it stands I am myself currently unemployed with no other income.

Thanks for all the replies and links, folks!

Some time on Friday I stumbled across something in Colorado state law which prohibits landlords from renting to qualified renters - basically enough income, no criminal history, and no other justification as to why living here would be a hindrance. I qualified in 2009, they renewed in 2010, and my income is greater, my place is cleaner, more boxes are unpacked, and I'm generally a better renter all around.

Thus, they're definitely discriminating on some basis. OC? My ponytail? I'm a Christian? That's I'm the Neighborhood Watch Block Captain (and they weren't particularly thrilled about that, but they never gave any feedback they opposed it, either).

So then? What?

What I'm saying folks is there's little to prevent them from terminating the lease. However, there's no valid basis on which they can refuse to rent to me, either. Perhaps I'll find a slightly less qualified "ringer" and if they rent to him/her, I'll have a fighting chance.

Help me find that law, please? I know its in the somewhere.