I wanted to renew my sublease, and I discovered that the original lease with the landlord had not been renewed. We are apparantly operating under a verbal contract with him.
I would just as soon move out in two weeks, although the verbal agreement is that we stay until May 31st. Am I obligated to stay under the law? Would my roommates be obligated under the law to pay the remaining portion of my rent?
What state law says is what governs (along with any applicable municipal code provisions, of course). And I have no clue what Colorado landlord/tenant law might say.
In general, if your lease has expired and you’re renting on a holdover, month-to-month basis, there is no legal requirement that you stay for any given portion of the time. But note that your landlord is not renting to you individually at rate X per person – he’s renting an apartment to the group of you together at a fixed rate per apartment. So yes, if you go and they stay, they’re obligated for the rent while they remain tenants – and that would include the share they’d been accustomed to collecting from you and paying him. Of course, they’re under no obligation to stay there either, other than that verbal agreement.
Note however that there may be all sorts of nuance in this – were they somehow authorized to legally bind you for rent until May 31? Does Colorado have some special provisions about sublessors? I don’t have a clue. Check the paperwork. And be aware that being stuck for your share of 2.5 months’ rent if they decide to stay on is not going to endear you to your ex-roommates.
This site should be of help: http://www.megalaw.com/co/top/colandlord.php
Most jurisdictions recognize a non lease situation to be considered a month to month rental. Notification requirements differ, as do laws regarding security deposits.
Question answered, thanks.