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Colorado: There were several discussions (via text) between the tenant and landlord about potentially extending the lease an extra month. The landlord agreed via text but never sent a lease extension to be signed. When it was getting closer to the first lease ending, the tenant texted the landlord about the extension again but did not hear anything until the night before her only signed lease expired. The landlord said if she moves out that he will keep her security deposit due to violating the lease. The tenant sent a demand letter requesting the deposit being returned and now the landlord is saying "no", he is keeping it and now is requesting payment for rent for an additional month of rent and threatened to sue her. Who is in the right?
Jun 8, 2023
Real Estate
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Robinson & Henry
Law Firm | 35 years of experience
Robinson and Henry logo
Robinson and Henry logo
Robinson & Henry
Law Firm 35 years of experience

Thank you for reaching out to us.  While we can provide some general thoughts based on the information you've given, we don't have a definitive answer we can give you. A valid contract doesn't necessarily require a formal, written agreement. It can be established orally or even informally through a text message. The crucial components needed are an offer, an acceptance of that offer, and an exchange of something of value. Generally speaking, the acceptance should directly reflect the offer – for instance, if you propose a one-month lease extension, the landlord can't agree to a two-month extension instead. However, it's essential to note that laws surrounding landlord-tenant relationships are intricate and heavily governed by various statutes. These laws can significantly influence a tenant's rights.

The first step in addressing your situation is a review of your original lease agreement. Written contracts can require parties to modify contracts only under specific circumstances. Specifically, it's important to examine the provisions about how an extension or modification to the lease can be made. There might be terms stipulating that any changes, including extensions, must be written and formally acknowledged by both parties. For example, under the lease you may be required to sign the extension. How a judge will see your case can vary, and can greatly depend on local jurisdiction, specific circumstances, and the exact lease agreement. Some judges, for instance, would likely conclude that a written extension needs to be formally made, despite oral or informal agreement via text.

As such, it's crucial to determine the exact nature of the text messages exchanged between you and your landlord. The specific language used in these communications, alongside the stipulations of the lease agreement, could be decisive factors in determining the validity of the lease extension and the subsequent actions by both parties.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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