Colorado Eviction Notice
A Colorado eviction notice is a legal document served by landlords to tenants, notifying them of a lease violation or the intent to terminate a rental agreement. This notice outlines the specific breach, the necessary corrective actions, and the timeframe for the tenant to respond or vacate the property. It must be signed by the landlord or their lawful agent. If the tenant fails to comply after receiving the notice, the landlord can initiate an eviction lawsuit.
Colorado Eviction Notice
Eviction Laws & Requirements
In Colorado, eviction laws require landlords to have just cause for eviction, which may include nonpayment of rent, criminal activity, or lease violations. The following are key aspects of Colorado eviction laws:
- Eviction Lawsuit: Governed by C.R.S. § 13-40.1-101.
- Grace Period for Rent Payment: None unless specified in the lease (C.R.S. § 13-40-104).
- Late or Non-Payment Notice: 10 days (C.R.S. § 13-40-104(1)(d)).
- Notice of Non-Compliance: 3 days (C.R.S. § 13-40-107.5(4)(a)).
- Lease Termination (Month-to-Month): Notice periods vary based on the length of tenancy:
- At least 91 days for tenancies of one year or longer.
- At least 28 days for tenancies of six months to less than one year.
- At least 21 days for tenancies of one month to less than six months.
- At least 3 days for tenancies of one week to less than one month.
- At least 1 day for tenancies of less than one week.
Types of Colorado Eviction Notices
- Demand for Compliance or Right to Possession Notice: Used for lease violations or non-payment of rent.
- Termination Letters: Used to end a lease without cause.
Notice Types and Grounds
- 3-Day Notice to Quit: For non-payment of rent in employer-provided housing.
- 5-Day Notice to Quit: For non-payment of rent in exempt rental properties.
- 10-Day Notice to Quit: For non-payment of rent in all other tenancies.
- 3-Day Notice to Comply or Vacate: For lease violations in employer-provided housing.
- 5-Day Notice to Comply or Vacate: For lease violations in exempt rental properties.
- 10-Day Notice to Comply or Vacate: For lease violations in all other tenancies.
- 3-Day Notice to Vacate: For incurable lease violations.
- 1-91 Day Lease Termination Notice: To terminate a tenancy based on the length of the lease.
How to Evict a Tenant in Colorado
Step 1: Provide Notice to the Tenant
The landlord must serve the appropriate eviction notice to the tenant, detailing the grounds for eviction and the time frame for compliance. Notices can be delivered via first-class mail, personal service, or messenger.
Step 2: Wait for the Tenant to Respond
If the tenant pays the rent, corrects the lease violation, or vacates within the specified timeframe, no further action is necessary.
Step 3: File Initial Court Documents
If the tenant does not comply, the landlord can file a complaint with the county court, including:
- Complaint in Forcible Entry and Detainer (JDF-101)
- Court Summons: Eviction/Forcible Entry and Detainer (JDF-102)
Step 4: Serve Forms 7 Days Before Hearing
Once the court sets a hearing date, the landlord must serve the legal forms to the tenant at least 7 days before the court date. This is best done through a process server or the sheriff’s office.
Step 5: Tenant Answers Complaint
The tenant may file an answer to the complaint. The court will determine if the landlord has proven grounds for eviction and who is entitled to possession of the property.
Step 6: File Writ of Restitution
If the landlord prevails and the tenant does not appeal or vacate within 48 hours, the landlord files a Default Judgment with the court.
Step 7: Evict Tenant
If granted the Writ of Restitution, the sheriff’s department will assist in removing the tenant from the property.
Important Considerations
- Legal Compliance: All eviction notices must comply with Colorado law, including the correct notice periods and grounds for eviction.
- No Self-Help Evictions: Landlords cannot forcibly evict tenants without following the legal process.
- Documentation: Proper documentation and proof of service are crucial to ensure the eviction process is legally valid.
Statutes
- Colo. Rev. Stat. § 38-12-102.5 – Security deposits – maximum amount
- Colo. Rev. Stat. § 38-12-103 – Return of security deposit
- Colo. Rev. Stat. § 38-12-103(1) – Return of security deposit
- Colo. Rev. Stat. § 38-12-103(2) – Return of security deposit
- Colo. Rev. Stat. § 38 – 12
- Colo. Rev. Stat. § 38-12-104 – Return of security deposit – hazardous condition – gas appliance
- Colo. Rev. Stat. § 38-12-105 – Late fees charged to tenants and mobile home owners – maximum late fee amounts – prohibited acts – penalties – period to cure violations – remedies – unfair or deceptive trade practice
- Colo. Rev. Stat. § 38-12-106 – Security deposits – limitation on pet security deposit and rent – definition
- C.R.S. 38-12-507 – Breach of warranty of habitability – tenant’s remedies
- C.R.S. 38-12-507-2 – Breach of warranty of habitability – tenant’s remedies
- C.R.S. 38-20-116 – Abandoned property – notice of sale – definitions
- C.R.S. 13-40-107-4 – Notice to terminate tenancy
- C.R.S. 13-40-107-1a – Notice to terminate tenancy
- C.R.S. 13-40-107-1b – Notice to terminate tenancy
- C.R.S. 13-40-107-1c – Notice to terminate tenancy
- C.R.S. 13-40-107-1d – Notice to terminate tenancy
- C.R.S. 13-40-107-1e – Notice to terminate tenancy
- C.R.S. 13-40-107.5-c – Termination of tenancy for substantial violation – definition – legislative declaration
- C.R.S. 13-40-104 – Unlawful detention defined – definitions
- C.R.S. 13-40-104-1d – Unlawful detention defined – definitions
- C.R.S. 13-40-104-e.5 – Unlawful detention defined – definitions
- C.R.S. 38-12-510 – Unlawful removal or exclusion
- C.R.S. 38-12-505 – Uninhabitable residential premises – habitability procedures – rules – definition
- C.R.S. 38-12-402-1 – Protection for victims of unlawful sexual behavior, stalking, or domestic violence
- C.R.S. 38-12-402-2 – Protection for victims of unlawful sexual behavior, stalking, or domestic violence
- C.R.S. 38-12-509 – Prohibition on retaliation
- C.R.S. 13-6-403 – Jurisdiction of small claims court – limitations
- C.R.S. 13-6-403-2c – Jurisdiction of small claims court – limitations
- Colo. Rev. Stat. § 38-12-701 – Notice of rent increase
- Colo. Rev. Stat. § 38-12-903 – Rental application fee – limitations
- Colo. Rev. Stat. § 13-21-109 – Recovery of damages for checks, drafts, or orders not paid upon presentment
- Colo. Rev. Stat. § 13-40-123 – Damages
- Colo. Rev. Stat. § 38-12-1004 – Bed bugs – access to dwelling unit and personal belongings – notice – costs
FAQs
A Colorado eviction notice, also known as a notice to quit, is a legal document served by landlords to inform tenants of lease violations or non-payment of rent. It should be used when a tenant fails to pay rent, violates lease terms, causes property damage, or engages in illegal activities on the premises.
The response time for a tenant depends on the type of eviction notice. For non-payment of rent or lease violations, tenants typically have 10 days to comply. For more serious violations, such as substantial lease breaches, the notice may only allow 3 days for corrective action.
To evict a tenant in Colorado, landlords must first provide a written eviction notice. If the tenant does not comply, the landlord can file a complaint and summons with the county court. After a court hearing, if the landlord prevails, they may obtain a Writ of Restitution to remove the tenant.
In Colorado, there are several types of eviction notices, including the 3-Day Notice to Quit for non-payment of rent, the 10-Day Notice to Comply or Vacate for lease violations, and the Month-to-Month Termination Letter, which varies in notice period based on the length of tenancy.
No, a landlord cannot evict a tenant without a valid reason in Colorado. The eviction must be based on specific grounds such as non-payment of rent, lease violations, or the expiration of a lease, and the landlord must provide the appropriate notice period.
If a tenant does not respond to an eviction notice in Colorado, the landlord can proceed to file an eviction lawsuit in county court. The court will then schedule a hearing to determine whether the eviction can proceed based on the evidence presented.
A Colorado eviction notice can be served to a tenant through several methods, including personal delivery to the tenant, delivery to a family member over 15 years old, or by posting the notice in a conspicuous place on the premises if other methods fail.
A Colorado eviction notice must include the tenant’s name, the address of the rental property, the specific lease violations or reasons for eviction, the required corrective actions, and the timeframe for compliance. It must also be signed by the landlord or their lawful agent.
The eviction process in Colorado can vary in duration depending on the notice period and court scheduling. Generally, it can take anywhere from a few weeks to several months, depending on tenant responses and court availability.