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NOPEOriginally Posted by asmotao
CRS 38-10-108
Here are the forms/information for evictions in Colorado. If I were you I would follow this stuff exactly.
I am increasingly persuaded that the earth belongs exclusively to the living and that one generation has no more right to bind another to it's laws and judgments than one independent nation has the right to command another.”
― Thomas Jefferson
My feedback
To everyone who feels like they are standing on Hadrian's wall as Rome crumbles behind them. - John Ringo
I may be wrong (as is usually the case) but I was under the impression that CRS 38-10-108 only applied to the lease or sale of unimproved land.NOPE
There is no limitation I can see in the statute itself or any of the annotating case law. Leases of less than one year are the only specific exception made to the writing requirement.
I am increasingly persuaded that the earth belongs exclusively to the living and that one generation has no more right to bind another to it's laws and judgments than one independent nation has the right to command another.”
― Thomas Jefferson
My feedback
To everyone who feels like they are standing on Hadrian's wall as Rome crumbles behind them. - John Ringo
In that case, since the OP has no written contract, will he have to prove what agreement (if any) they had as to the length of the lease?
Edited to add:
I think I found the answer to my question on page 78 of the Ft. Collins Landlord-Tenant Handbook: (http://www.fcgov.com/neighborhoodser...lthandbook.pdf)
8. If the landlord and tenant do not have anything in writing, do they have any sort of lease? Colorado law requires any lease longer than a year to be in writing or else it is void. (C.R.S.38-10-108). Verbal arrangements for less than a year can be enforceable, but there can be problems proving the terms of the verbal agreement if a dispute does arise. If you clearly have a month-to-month verbal arrangement with no other understanding, the tenancy can be terminated with 10 days written notice prior to the end of the month. This is a vulnerable position for you to be in as a tenant. Some leases state that holdover past a specified term results in a month-to-month with other terms of the old lease still applying. If the lease does not state what happens upon holdover, the law imposes a new tenancy for the same length as the original lease. Different types of leases are further explained on page 4.
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