If you’re a Colorado landlord or property management company seeking to evict a tenant, use a Colorado (CO) Eviction Notice to begin the process.
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.
Your legal eviction document must be written according to Colorado state law and give your tenant the legally required time to respond to rental agreement violations or move out.
In Colorado, eviction lawsuits for residential rental properties are governed by Title 13, Article 40.1 of the Colorado Revised Statutes (C.R.S.).
A CO 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
Use this form below for evicting tenants. It is customized for Colorado law, and you’ll find it 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 rental agreement and that they must prepare to leave your rental property. In Colorado, landlords and property managers must give tenants a 21-day notice period to move out if they’re on a month-to-month lease.
Download: Word (.docx) or Adobe PDF
3-Day Notice to Quit for Non-Compliance (Substantial Violation): Use this notice to begin evicting a tenant if they’ve committed a substantial violation such as illegal activity. In Colorado, landlords and property managers must give tenants a 3-day notice period before the eviction process can begin in court. During that time, tenants may have the option to fix (or “cure”) the problem.
Download: Word (.docx) or Adobe PDF
10-Day Notice to Pay Rent or Quit: Use this notice to evict a tenant if they haven’t paid rent on time according to your rental agreement.
In Colorado, landlords must give tenants 10 days’ notice to pay rent before the eviction process can proceed in court.
Download: Word (.docx) or Adobe PDF
Eviction Laws & Requirements
- Eviction Lawsuit: Removal of Unauthorized Persons (C.R.S. § 13-40.1-101)
- Grace Period for Late Rent Payment: None unless otherwise stated in the lease agreement. (C.R.S. § 13-40-104)
- Late or Non-Payment of Rent Notice: 10 days (C.R.S. § 13-40-104(d))
- Notice of Non-Compliance (Substantial Violation): 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 differs depending on the length of the tenancy (C.R.S. § 13-40-107)
- 91 days for tenancies one year or longer
- 28 days for tenancies 6 months to less than one year
- 21 days for tenancies 1 month to less than 6 months
- 3 days for tenancies 1 week to less than 1 month or tenancy at will
- 1 day for tenancies less than 1 week
What is the Eviction Process in Colorado?
Before starting the eviction process in Colorado, ensure you’ve read and understood the clauses in Title 13 of the Colorado Revised Statutes, Articles 40 and 40.1.
If the law isn’t clear to you, consult a lawyer to ensure all eviction actions you take comply with Colorado law.
You must provide your tenant(s) with the proper notice 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 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).
Step 2 – Wait for 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-99)
- Court Summons: Eviction / Forcible Entry and Detainer (CRCCP Form 1A)
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.
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 or the tenant is favored at the hearing
- there are any damages to the rental property
- who is entitled to the possession of the property?
If Defendant does not respond, the landlord may file a Motion for Entry of Judgment (JDF 104) and Court Order for Entry of Judgment with Issuance of Interrogatories (JDF 107) to obtain a summary judgment.
Step 6 – File Write 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 Judgement (JDF 103) to 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 sheriff’s office in your county to arrange the physical removal of the tenant from your rental property, if needed.
Related Court Forms
- Complaint in Forcible Entry and Detainer (JDF-99) – If the tenant fails to respond to the Notice to Quit or Demand for Compliance (JDF 101) within the timeframe stated, the landlord can file a complaint with the court to officially begin the eviction process.
- Court Summons: Eviction / Forcible Entry and Detainer (CRCCP Form 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 (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.
- Motion for Judgment (JDF 104) – The landlord files this form to ask the court to enter a default judgment against the tenant based on the tenant’s failure to respond to the complaint.
- Writ of Restitution (JDF 103) – 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 – 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 occur.
- Order (JDF 107) – This is a document issued by the court that informs the landlord and tenant of the judgments entered regarding the eviction proceeding.
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
A tenant may not be removed from a property if an eviction is not legally served.
As a landlord, the notice must:
- Explain the reasons for evicting the tenant
- Include the date you created your notice
- Provide the tenant with the number of days they have to cure the breach (if applicable) 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 process to legally remove a tenant, please consult a lawyer to ensure all eviction actions taken 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 legal notice) prior to being evicted from a property
- A certain number of days to address violations in lease agreements and remedy them (unless the violation is incurable)
- Appeal to the court when a landlord delivers a legal eviction document
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 learn more about the eviction process in Colorado, the details of representing yourself in court and the Colorado statutes related to evictions.
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.
For example, tenants should know that Colorado Revised Statutes § 38-12-509 prohibits landlords and property managers from retaliating against tenants for complaints filed about a landlord to any government agency (for violations of the implied warranty of habitability (Colorado Rev. Stat. §§ 38-12-503 and 505).
Additionally, an eviction is considered retaliatory if a landlord or property manager evicts tenants because of their race, national origin, religion, creed, disability, or family status.
Landlords also cannot change locks or turn off essential services.
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Follow the steps below to write an eviction notice in Colorado.
Step 1 – Fill Out Date of Eviction Notice
Write the date of the Eviction Notice.
Step 2 – Enter the Tenant Information and Property Address
Provide the name of all tenants listed on the original lease or rental agreement. Enter the full street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the period the rent is past due. Write the amount of the past due rent, late fees (if any), and the total amount owed by the tenant to the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the Eviction Notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit that shows that the Eviction Notice was served to the tenant.
Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent (10 days) or vacate the property.
The person delivering the Eviction Notice, the server, should complete the method of delivery and the fields for the person receiving the notice and the address of the location where the notice was delivered. The server signs, prints their full name and dates the proof of service.
Colorado Eviction Notice Sample
Below is an example of what a Colorado eviction notice looks like.