A Colorado eviction notice helps landlords or property management companies address lease violations or terminate a rental agreement. Landlords must have just cause for eviction, such as nonpayment of rent, criminal activity, or lease violations, and cannot refuse to renew a lease or use lease holdovers as grounds for eviction unless the holdover tenant has refused to sign a new lease agreement with reasonable terms.
This notice must outline the specific breach and necessary corrective actions and provide the tenant with the legally required time to respond or vacate the property and must be signed by the landlord or their lawful agent. If the tenant does not comply after receiving proper notice, the landlord can proceed with an eviction lawsuit.
By Type
10-Day Notice to Pay Rent or Quit
Helps evict a tenant for unpaid rent (C.R.S. § 13-40-104(1)(d)). Should not be used for most residential tenancies due to different notice periods (C.R.S. § 38-12-1303(f)).
3-Day Notice to Quit for Non-Compliance
Issued if the tenant has committed a substantial violation, such as illegal activity (C.R.S. § 13-40-107.5).
Lease Termination Letter
Ends various lease types, providing different notice periods based on the tenancy length. Use this form only for non-residential and specific residential leases (C.R.S. § 13-40-107).
Demand for Compliance (JDF 99 A)
Notifies tenants to quit for unpaid rent, non-compliance, or disturbing conduct, with notice periods of 3 to 30 days based on tenancy type and landlord classification (C.R.S. § 13-40-106).
Notice to Terminate Tenancy (JDF 99 B)
Used in most residential lease terminations, covering lease non-renewals, month-to-month terminations, and evictions for significant or repeated violations (C.R.S. § 13-40-107).
Notice of No-Fault Eviction (JDF 99 C)
Gives tenants 90 days' notice to vacate when a lease is not being renewed, typically used when the landlord wants to repurpose or sell the property (C.R.S. § 38-12-1303(f)).
Eviction Laws & Requirements
- Eviction Lawsuit: Removal of Unauthorized Persons (C.R.S. § 13-40.1-101).
- Grace Period for Rent Payment: None unless otherwise stated in the lease agreement. (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)).
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Lease Termination (Month-to-Month): The number of days a tenant is given to move out depends on the length of the tenancy (C.R.S. § 13-40-107). However, it’s important to note that the “just cause” eviction law now impacts most residential tenancies, and simple notice may not be sufficient without just cause. The notice periods are as follows for nonresidential properties and certain types of residential premises specified in § 38-12-1302(1)(a),(b),(d),(e), or(f):
- 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 or tenancy at will.
- At least 1 day – for tenancies less than one week.
How to Evict a Tenant in Colorado
Before starting the eviction process, ensure you’ve read and understood the clauses in Title 13 of the Colorado Revised Statutes, Articles 40 and 40.1 governing eviction lawsuits.
Step 1 – Deliver Notice
The landlord must give the tenant the appropriate notice via first-class mail, personal service (on the tenant or tenant’s family member over 16 years of age), or messenger, depending on the circumstances.
The notice must state the lease term(s) violated and, if applicable, the appropriate cure (and time to cure). The notice must also be signed by the landlord or their lawful agent.
Step 2 – Wait for the Tenant to Respond
If the tenant pays the rent, corrects the lease violation (if given the option), or moves out within the required timeframe, then no further action is necessary.
Step 3 – File Initial Court Documents
If the tenant does not correct the lease violations in your notice or move out, you may find that moving forward with a lawsuit with the county court is appropriate. You will need to pay the court a filing fee and file the following documents:
- 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 receives the complaint and summons, a date for the hearing will be set.
The landlord must then formally serve the legal forms to the tenant at least 7 days before the court date. The best method to notify the tenant is to use a process server who will provide an affidavit of service for the landlord to file with the court. You may also use the sheriff’s office in the county where the eviction was filed.
Step 5 – Tenant Answers Complaint
The tenant (Defendant) may file an Answer to the Complaint and request a jury trial. The court will then decide:
- If the landlord has proven one of the statutory grounds for eviction at the hearing.
- If there are any damages to the rental property.
- Who is entitled to the possession of the property.
If the Defendant does not respond, the landlord may file a Motion for Entry of Judgment (JDF 107A) and Court Order for Entry of Judgment with Issuance of Interrogatories (JDF 107B) to obtain a summary judgment.
Step 6 – File Writ of Restitution
If the landlord wins and the tenant doesn’t appeal or move out within 48 hours after the judgment, the landlord then files a Default Judgment with the court.
Step 7 – Evict Tenant
If the court grants the Writ of Restitution, the sheriff’s department or appropriate law enforcement officer for your county will help you remove the tenant from the premises.
Contact the county sheriff’s office to arrange the tenant’s physical removal from your rental property if needed.
Related Colorado Court Forms
- Affidavit of Service (JDF 98) – This form proves that all necessary documents have been served to the tenant. It should be filed with the clerk on the court date or earlier.
- Writ of Restitution (JDF 109) – Filed by the landlord to have the local sheriff forcibly remove a tenant if the tenant fails to vacate the premises per the judgment.
- Answer Form (JDF 103) – The tenant can use this form as an opportunity to deny the charges that the landlord has made against them before the first hearing. A follow-up hearing may occur if the Answer Form is filed after the initial hearing.
