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:

Legal Framework

• Eviction Lawsuit: Governed by C.R.S. § 13-40.1-101
• Grace Period for Rent Payment: None unless the lease specifies otherwise (C.R.S. § 13-40-104)

Notice Requirements

• 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 Requirements (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

Primary Notice Categories

Colorado law provides two main categories of eviction notices:

Demand for Compliance or Right to Possession Notice

Landlords use this notice for lease violations or non-payment of rent.

Termination Letters

Landlords use these to end leases without cause.

Notice Types and Grounds

Non-Payment of Rent Notices

• 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

Lease Violation Notices

• 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

Other Notice Types

• 3-Day Notice to Vacate: For incurable lease violations
• 1-91 Day Lease Termination Notice: To terminate tenancies based on the length of the lease

How to Evict a Tenant in Colorado

Step 1: Provide Notice to the Tenant

Landlords must serve the appropriate eviction notice to tenants, detailing the grounds for eviction and the time frame for compliance. Additionally, landlords can deliver notices via first-class mail, personal service, or messenger.

Step 2: Wait for the Tenant to Respond

If tenants pay the rent, correct the lease violation, or vacate within the specified timeframe, no further action is necessary.

Step 3: File Initial Court Documents

If tenants do not comply, landlords 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 courts set hearing dates, landlords must serve the legal forms to tenants at least 7 days before the court date. Furthermore, process servers or the sheriff’s office can best accomplish this.

Step 5: Tenant Answers Complaint

Tenants may file answers to the complaint. Additionally, courts will determine if landlords have proven grounds for eviction and who is entitled to possession of the property.

Step 6: File Writ of Restitution

If landlords prevail and tenants do not appeal or vacate within 48 hours, landlords file a Default Judgment with the court.

Step 7: Evict Tenant

If courts grant the Writ of Restitution, the sheriff’s department will assist in removing tenants 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 Requirements

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
• C.R.S. § 38-12-503 – Tenant’s Duties
• 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
• Colo. Rev. Stat. § 13-21-109 – Returned Check Fees
• Colo. Rev. Stat. § 38-12-801 – Written Rental Agreement