Categories: Uncategorized

New Court Rule of Seven

The Rule of Seven – When does a tenancy terminate? By Jean Arnold.

I was never good at my “7’s” in multiplication and division. Thanks to the State Legislature and Colorado Supreme Court, my “7’s” proficiency is improving.

Effective July 1, 2012, Senate Bill 175 (SB 12-175), applied the “Rule of Seven” to the provisions of §13-40-107, C.R.S. affecting the duration and termination of tenancies in real property. The Rule of Seven changed the calculation of statutory deadlines for a myriad of existing Rules and Statutes so now most deadlines must be divisible by “seven.” The idea being that a deadline would not fall on a weekend. Plus, the former rule of adding three days for mailing to any deadline was eliminated. Now, statutory and rule deadlines are figured in 7-day increments: 7 days, 14 days, 28 days, 35 days, etc. Gone are: 3 days, 10 days, 15 days and 30 days, 90 days etc. – used prior to July 1, 2012.

Applying the “Rule of Seven” to the Forcible Entry and Detainer process and termination of tenancies:

(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

(a) A tenancy of one year or longer, ninety-one days;

(b) A tenancy of six months or longer but less than a year, twenty-eight days;

(c) A tenancy of one month or longer but less than six months, seven days;

The Rule of Seven does not apply to deadlines, cure provisions and tenancy terms written into leases, however. Therefore, the common 5-day late “late charge” provisions and 10-day “cure” provisions for defaults remain unaffected by the statutory change if these time periods are written into the lease. If the lease contains a written provision shortening the above notice periods for termination of a tenancy, such provisions are enforceable. Beware as to return of residential security / damage deposits. The 30-day requirement to account for and return a security deposit cannot be lengthened in favor of the landlord under the terms of a lease. In Colorado, the protections afforded the tenant as to the tenant’s security deposit under §38-12-103(7), C.R.S. cannot be waived.

Recent Posts

Arnold & Arnold Helps at St. Francis Center

Beginning November 2017, attorneys at Arnold & Arnold began semi-monthly, free  legal consulting at the…

7 years ago

A&A Across the Finish Line

2015 saw a few new finisher medals hung around the offices at A&A. In May,…

9 years ago

Jean Arnold Invited to Serve on Executive Council for Real Estate Section of the Colorado Bar Association

A&A is proud to announce that Partner Jean Arnold has been invited to serve on…

9 years ago

2016 Client Appreciation Seminar

Come spend the day with the attorneys and paralegals of Arnold & Arnold getting up…

9 years ago

Rocky Mountain High – How Colorado’s New Law May Affect You

Amendment 64 became effective on January 1, 2014, allowing Colorado residents 21 and over to…

9 years ago

Arnold & Arnold Invites You to Enjoy an Afternoon of Chamber Music in June

Arnold & Arnold is proud to announce its sponsorship of a June benefit concert for…

10 years ago