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We have been tenants at our current apartment for a year. Three months prior to the date our lease is set to expire, we received an offer to renew at an acceptable price. However, our complex was in the middle of transferring ownership groups, and all of their systems were down for the full duration of the renewal offer. I had sent three emails confirming our acceptance, which they claim were never received, and when I talked to the manager in person, they stated they were unable to process renewals anyway and that the same offer would be resent once their systems were up. The systems have been up for over a month now and they are now saying it's too early to send us another renewal offer. Our lease expires in a month. Would I have any recourse if they send an offer with a higher price, or fail to send another offer at all?
Aug 25, 2025
Real Estate
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Will SalkinSenior Associate | 5 years of experience
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Attorney
Attorney
Will SalkinSenior Associate 5 years of experience
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I’m sorry to hear you’re dealing with this. The sale of a rental property often puts current tenants in a precarious spot, particularly when their lease agreements are up for renewal. While this situation can be frustrating and may suggest potential legal recourse, the enforceability of any new rental terms or renewals hinges on whether an actual lease was signed. Based on the information you’ve provided, it sounds like there may be a miscommunication between you and your new landlord. It could be that the landlord has the “new” lease as the current lease, and it's not set to expire until next year, which could account for their statement that it’s too early to send a new renewal offer. If that’s not the case, your options may be limited based on how judges handle landlord-tenant disputes. The Statute of Frauds stipulates that lease contracts of a year or more must be in writing to be enforceable, meaning a mere promise to enter into a lease agreement is generally unenforceable by the courts. Thus, the viability of your case will ultimately depend on the specific facts and any evidence you can provide. C.R.S. 4-2-201 If the offer doesn’t exist and the new owner doesn’t provide you with a new offer, you could potentially become a “holdover tenant.” Under Colorado law, if you continue to live on the property past your lease’s expiration date and the landlord continues to accept monthly rent payments, a new lease agreement is applied, reverting to the same terms as your previous one. I would start by contacting your new landlord once more to clarify the current lease status and ensure there hasn’t been a miscommunication regarding your current rental status for the year. If that’s not the case, I recommend that you speak with a real estate attorney who practices Colorado landlord-tenant law. Consider scheduling a consultation with a member of our team to discuss your next steps.

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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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