A Colorado eviction notice helps landlords or property management companies seeking to begin a tenant eviction process. Your 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.
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.
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(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 differs depending on the length of the tenancy (C.R.S. §13-40-107):
- 91 days – for tenancies of one year or longer.
- 28 days – for tenancies of six months to less than one year.
- 21 days – for tenancies of one month to less than six months.
- 3 days – for tenancies of one week to less than one month or tenancy at will.
- 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).
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-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.
- If 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 county sheriff’s office to arrange the tenant’s physical removal from your rental property if needed.
Related Colorado Court Forms
- The complaint in Forcible Entry and Detainer (JDF-99) – If the tenant fails to respond to the Notice to Quit or Demand 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 Entry of 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. A follow-up hearing may occur if the Answer Form is filed after the initial hearing.
- 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.