If you’re a landlord seeking to evict a tenant, use a Colorado (CO) eviction notice to begin the process. Your eviction notice must be written according to Colorado state law, and give your tenant the legally required amount of time to respond or move out.
In Colorado, eviction lawsuits are governed by Title 13, Article 40.1 of the Colorado Revised Statutes.
A Colorado Eviction Notice is also known as:
- Colorado Notice to Quit
- Colorado Lease Termination
- Colorado Demand for Compliance
- Colorado Right to Possession Notice
Colorado Eviction Notices by Type
Download a free eviction notice customized for Colorado state law below in MS Word (.docx) or Adobe PDF format.
21-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property. In Colorado, landlords must give tenants 21 days’ notice to move out if they’re on a month-to-month lease.
3-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In Colorado, landlords must give tenants three days’ notice before the eviction process can proceed in court. In that time, tenants may have the option to fix (or “cure”) the problem.
3-Day Notice to Pay Rent or Quit: Use this notice to begin evicting a tenant if they haven’t paid rent on time. In Colorado, landlords must give tenants three days to pay rent before the eviction process can proceed in court.
If you wish to send a letter simply reminding your tenant that rent is late (without the threat of eviction), use a late rent notice.
Eviction Laws & Requirements
- Eviction Lawsuit: Removal of Unauthorized Persons (§ 13-40.1-101)
- Grace Period for Late Fees on Rent Payment: As indicated in the lease agreement. (§ 13-40-104)
- Late or Non-Rent Payment Notice: 10 days (§ 13-40-104(d))
- Notice of Non-Compliance: 10 days (§ 13-40-107.5(4)(a))
- Lease Termination (Month-to-Month): The number of days a tenant is given to move out differs depending on the length of the tenancy (§ 13-40-107)
What is the Eviction Process in Colorado?
Prior to starting the eviction process in Colorado, make sure you’ve read and understand the clauses under Colorado’s Revised Statutes, Chapter 40, Forcible Entry and Detainer. If the law isn’t clear to you, consult a lawyer to ensure all eviction actions you take comply with the laws of Colorado.
You must provide your tenant(s) with the proper notice in order to terminate their right to stay in the rental unit.
Here are the seven steps for the official eviction process in Colorado:
Step 1: Deliver the eviction notice
The landlord must give the tenant the appropriate eviction notice depending on the circumstances.
Step 2: Wait for the tenant to act
If the tenant pays 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 the initial court documents
If the tenant refutes the eviction notice or fails to solve the problem, the landlord may file a lawsuit with the County Court by paying a $97 fee and filing the following documents:
Step 4: File forms before the hearing
Once the court receives the complaint and summons, a date for the hearing will be set.
The landlord must then file legal forms on the tenant using a civil process server 7 days before the court date. The process server will provide an affidavit of service for the landlord to file with the court.
Step 5: Tenant answers the complaint
The tenant (Defendant) may file an Answer to the Complaint. The court will then decide if,
- the landlord or the tenant is favored at the hearing
- there are any damages to the property
- who is entitled to the possession of the property?
Step 6: File a Writ of Possession
If the tenant doesn’t appeal within 48 hours after the judgment, the landlord then files a Writ of Restitution to the County Court.
Step 7: Evict the tenant
If the court grants the Writ of Possession, the sheriff will help the landlord remove the tenant from the premises within 30 days.
Related Court Forms
- Complaint (JDF-99) – If the tenant fails to respond to the Notice to Quit or Form JDF 101 within the timeframe stated, the landlord can file a complaint with the County Court to officially begin the eviction process.
- Summons (CRCCP 1A) – This form is filed in conjunction with the Complaint. It lets the tenant know the date of the official hearing in court, and provides instructions for them to either deny or comply with the claims made in the Complaint.
- Affidavit of Service – This form proves that all necessary documents have been issued to the tenant. It should be filed with the clerk on the day of the court date or earlier.
- Motion for Judgment – The landlord files this form to let the court know if they are demanding money, possession of the property, or both from the tenant.
- Writ of Restitution – Used if the tenant fails to vacate the premises within 48 hours of the judgment.
- Answer Form – The tenant can use this form as an opportunity to deny the charges that the landlord has made against them before the first hearing. If the Answer Form is filed after the initial hearing, a follow-up hearing may take place.
- Order – This document informs the landlord how much money they’re being awarded, and the terms for the return of their property.
Eviction Information for Colorado Landlords and Tenants
Eviction is a process that most landlords and tenants would like to avoid. However, when it becomes inevitable, this landlord- and tenant-specific information for Colorado residents can help both parties go through the eviction process smoothly:
Eviction Information for Landlords
If an eviction is not legally served, a tenant may not be removed from a property. As a landlord, the eviction notice must:
- Explain the curable and incurable reasons for evicting a tenant
- Include the date the eviction notice was created
- Provide the tenant with the number of days they have to cure the breaches or move out
- Be served through proper legal channels
Read the official Landlord and Tenant Rights provided by Colorado.gov for more information on your rights as a landlord in Colorado. If you are uncertain about your rights and the processes it takes to legally remove a tenant, please consult a lawyer to ensure all eviction actions taken to comply with the laws of Colorado.
Eviction Information for Tenants
As a resident of Colorado, tenants have their own set of rights. Tenants have the right to:
- Receive documentation (the eviction notice) prior to being evicted from a property
- A certain number of days to address the violation and remedy it (unless the violation is incurable)
- Appeal to the court when an eviction notice has been issued by the landlord
To understand your rights as a tenant in the state of Colorado and the various aspects of landlord-tenant relationships, visit ColoradoLegalServices.org. You can find out more about the eviction process in Colorado and the details of representing yourself in court. Alternatively, if you’re uncertain about how to proceed with the eviction process in Colorado, please consult a lawyer to ensure your rights as a tenant are protected.