Understanding Eviction Notices in Colorado
In Colorado, landlords must serve tenants with a written eviction notice that outlines the reason for termination and gives a legally required response period. The most common grounds for eviction include unpaid rent, lease violations, or ending a lease that’s not being renewed.
State law requires landlords to follow strict rules, especially under the 2021 Just Cause for Eviction law. Our document builder helps you create a compliant Colorado eviction notice tailored to your situation.
Types of Eviction Notices in Colorado
Colorado requires different notice types depending on whether the issue is non-payment, lease violations, or lease termination. Statutes and timelines vary by situation.
10-Day Notice to Pay Rent or Quit
If a tenant hasn’t paid rent, landlords may serve a 10-day notice to pay rent or quit. The tenant has 10 days to pay the full amount due or vacate the property. This timeline is set by Colorado Revised Statutes Section 13-40-104(1)(d), but exemptions apply for certain residential leases covered by CO Rev. Stat. §38-12-1303(f).
10-Day Notice to Pay Rent or Quit
Used to evict a tenant for unpaid rent, but not valid for most residential leases due to specific notice requirements.
3-Day Notice to Quit for Non-Compliance
Landlords may issue a 3-day notice to quit for serious lease violations, such as illegal activity or dangerous behavior. Under CO Rev. Stat. § 13-40-107.5(4)(a), the tenant must vacate within 3 days, and no opportunity to cure is required.
3-Day Notice to Quit for Non-Compliance
Used when a tenant commits a serious lease violation, such as illegal activity or endangering others.
Lease Termination Letter
Landlords may use a lease termination letter to end a rental agreement without cause, such as a month-to-month tenancy or an expiring fixed lease. Colorado law sets the notice period based on how long the tenant has lived in the property, per CO Rev. Stat. § 13-40-107, but cause eviction rules (CO Rev. Stat. § 38-12-1303) may apply in many residential situations.
The required notice periods for lease termination are:
- 91 days: Tenancy of one year or more
- 28 days: Six months to less than one year
- 21 days: One month to less than six months
- 3 days: One week to less than one month
- One day: Tenancy under one week
These timeframes typically apply to nonresidential units or exempt residential properties. For most standard residential leases, landlords must now have a legally recognized reason (just cause) to terminate the lease.
Lease Termination Letter
Ends a lease with notice periods based on tenancy length; typically used for non-residential or exempt residential rentals.
This form should not be used to terminate most residential leases and applies only to non-residential and certain limited residential leases described in Colorado Revised Statutes § 13-40-107. Instead, for termination of most residential tenancies, landlords should consult Form JDF 99B.
How to Evict a Tenant in Colorado
Evictions in Colorado follow a multi-step legal process under CO Rev. Stat. §§ 13-40-101–123 and 13-40.1-101–110. Here’s how it works:
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 landlord or their lawful agent must also sign the notice.
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 in 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.
- 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)).
