Can my landlord break my lease because he changed his mind?

Asked over 4 years ago - Pueblo, CO

My landlord recently fixed up property to sell. It was convenient for both that i rent for 6 months. I have 2 children and now that we have been there 3 weeks he thinks it is not a good idea. How long must he give me and is this legal?

Attorney answers (1)

  1. Cameron Royal Kelly

    Contributor Level 10

    Answered . The answer depends on whether the lease is written, or whether it is a lease for a term, such as a month to month lease. A written lease may contain language as to how it can be terminated, and as to what the notice period for termination would be. So, if it is written, start there. If you have an oral lease, it can normally be cancelled by one month's notice. By a month's notice, I do not mean 30 or 31 days. Instead, what I am refering to, is that notice must be given prior to the end of one month in order to be effective by the end of the following month. So, for example, today is the 23rd day of June. If I gave my tenant notice today, he or she would have until July 31 to move out. If I give notice on June 30th, the time frame is the same. If I give notice on July 1, then my tenant would have until August 31 before he or she must move out. Consult a local attorney to see what your rights are.

    If your landlord wants to have you move out prior to the time that you are legally required to do so, it may be that he is willing to buy you out of the lease. Ask him to make an offer.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Minnesota. Responses are based solely on Minnesota law unless stated otherwise.

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