01-11-2013 08:38 AM
TYhis is going to be covered by landlord / tenant law in Colorado and possibly local laws. Normally if there's not a lease you are a "Tenant at Will", and the amount of notice will be set by law, but you can be noticed to leave without a specific cause like unpaid rent. Did you have a lease at one time that converted to tenant at will or "month-to-month". There might be language in that that covers this.
It sounds like she might be relying on the theory you are "month-to-month, you paid for January so she can tell you to get out the last day you've paid for. Also, I'm not sure you have the right to determine when you will leave and pro-rate February rent. Another option might be to offer to pay the February rent and keep all rights to the house you're renting until the end of February. That means an extra expense for you but the landlord is entitled to some certainty too. Remember that if you close February 10 your first mortgage payment shouldn't be due until April 1.
The filing of a suit doesn't hit your credit, but it could cost some money to defend. It's entry of a money judgement that dings your credit (I'm not sure s staright eviction order even hits a credit report).
01-11-2013 09:18 AM
01-11-2013 09:57 AM
01-11-2013 10:01 AM
Just a guess.
Your reply shows you received and acknowleded the email.
Make sure you pay close attention that she doesnt have a judgement put on you in the future. Save all your records.
If she being a j*** about things you just dont know how far she will try to go.
Wishing you the best. Hope it all smooths out without issues.
01-11-2013 10:03 AM
I brought up the question whether the expired leases said anything.
In the Maryland standard residential lease there is language about the transition to month-to-month after the lease ends. I thought there might something similar in the OP's situation.
"TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at __________________________________________________
01-11-2013 10:43 AM
01-11-2013 10:45 AM
01-11-2013 10:55 AM
Does she have a tenant ready to move in on Feb 1st? Kind of dumb on her part to give up the money just to be spiteful. Hopefully she realizes that and will let you stay a couple of weeks longer.
01-11-2013 11:07 AM
01-11-2013 11:12 AM
This is quite obviously a sucky situation to be in, but why would this lady throwing you out jeopardize you buying your new home? You may have to extended- stay it for a few days but that is the worst I see here... (other than being super inconvenienced...)