Oral Contract for Colorado Lease

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tjdrake719

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Here is the situation:

I am renting and am the main name on the lease. New roommate moves in and reads over agreement that I show all roommates. He agrees to all terms (including rent for 11 months, and payment of remaining months if he leaves early), in front of a witness, but declines signing until he can produce the rest of the deposit. I agree. 1.5 months later he moves out with no notice. I have two people who heard him say he broke the agreement. I also have other roommates who can testify that everyone is shown to and agrees to the agreement regardless of when it is signed. Finally, I have pictures of the trashed state the room was left in (agreement included cleaning fees). If I organize all of this and get written statements from all parties witnessing the oral contract and breach of it, do I have a shot at recovering any of the rent in small claims court? Thanks.
 
Yes; although in many cases your roommates would have to actually be present as your witnesses; many judges will not accept signed statements as evidence.

Gail
 
Yes; although in many cases your roommates would have to actually be present as your witnesses; many judges will not accept signed statements as evidence.

Gail


Actually Colorado Law requires that all lease agreements over 30 days MUST be in writting. Therefore, he was a month to month tenant.

Since he was not on a written lease he was required to give a 10 day notice prior to the end of the month. You are entitled to that rent if notice was not given plus any and all damages you can prove.
 
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So the most I can get is the months rent and damages? Do you happen to have a link to Colorado lease law, I cannot seem to find it on the internet.
 
Lease Termination: 10 Days (Colorado Rev.Stat.§ 38-12-202) No statute on the amount of notice required to increase rent



Security Deposit: 1 month unless lease agreement specifies longer period of time (no more than sixty days). 72 hours if a hazardous condition requires tenant to vacate



I don't think this says anything about oral contracts only lasting one month. I already looked through the links on the page and found nothing. Anyone have a stat. number?
 
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