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Table of Contents:An eviction notice for lease violations or non-payment of rent is officially called a Demand for Compliance or Right to Possession Notice (JDF-101) in Colorado. Alternatively, there are also Termination Letters, which can be used to end a lease without cause.
It’s important to remember that a legal eviction in CO can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
Not using the correct Colorado legal document, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 10-Day Notice to Quit. This obliges them to pay rent or quit within 240 hours.
If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
In the case of a lease violation, the landlord may issue a 10-Day eviction notice. This will often give the tenant 10 days to correct the breach before they will be obliged to leave the property.
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a Month-to-Month Termination Letter. If this is used, the tenant must leave the property within a set period of time depending on how long they’ve been in residence.
The amount of notice you must give is assessed by the following time frames:
Be aware, however, if the landlord continues to accept rental payments during this period, the notice will be considered null and void. This does not include any payments of owed back rent.
An eviction notice in Colorado is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with CO law.
An eviction in Colorado may only happen in the case of:
The Colorado eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
The Colorado eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by CO’s state law. To correctly complete an eviction in Colorado, the landlord must do the following:
When you prepare your own Colorado eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out, or plan to do so in the future, use the following documents below to ensure your property is properly looked after:
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Colorado’s eviction notices in our FAQs below and learn how to use these forms effectively.
To successfully evict a tenant in Colorado state, the landlord or property manager must serve a legally valid eviction notice (also known as a Demand for Compliance in CO). This must provide the correct number of days to comply and a legitimate reason to evict. The Demand for Compliance can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
In many cases, a Colorado eviction can be completed in a couple of weeks. Once the eviction notice is served, the tenant will have between 1 - 91 days to vacate. If they comply, then the process will be over as soon as the notice period ends.
However, serving the eviction notice incorrectly can lead to delays in the process. Also, if the tenant refuses to vacate, eviction procedures can take somewhat longer. To go through the court process can take up to 4 months depending on how busy the district or housing court system is at the time.
If a tenant doesn’t comply after being served with a legally valid Colorado eviction notice it will be necessary to file a Forcible Entry and Unlawful Detainer case against them. To do this the landlord will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
You are only a few steps away from your own Colorado Eviction Notice!
Download our professional examples_________
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_________, Colorado _________
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
_________, _________, _________, Colorado _________
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated _________, you are justly indebted to the owner or landlord of the herein described premises and that notice is hereby given that there is now due, unpaid and delinquent rent in the total sum of $_________, representing rent due for the period from _________ to _________.
WITHIN TEN (10) days after service on you of this notice, you are hereby required to pay the amount of the above-stated rent in full OR vacate the subject premises and relinquish possession to the owner or landlord _________ or his/her authorized agent. PLEASE TAKE FURTHER NOTICE that if you do not pay the rent in full OR vacate the premises WITHIN TEN (10) days as required by this notice, the undersigned does hereby elect to declare the forfeiture of your lease deposit and/or rental agreement. In addition, the owner or landlord will institute a Forcible Entry & Detainer lawsuit against you to recover rent, damages and possession of said premises.
THIS IS A TEN (10) DAY NOTICE IN COMPLIANCE WITH COLORADO REVISED STATUTES § 13-40-104 (1)(d), UNDER WHICH A TENANT OR LESSEE IS GUILTY OF AN UNLAWFUL DETENTION OF REAL PROPERTY WHEN SUCH TENANT OR LESSEE HOLDS OVER WITHOUT THE LANDLORD'S PERMISSION, AFTER DEFAULTING IN THE PAYMENT OF RENT AND TEN DAYS NOTICE' HAS BEEN SERVED UPON THE TENANT, REQUIRING IN THE ALTERNATIVE THE PAYMENT OF THE RENT OR THE POSSESSION OF THE PREMISES.
THE LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF COLORADO INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE WILL BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
By: ______________________________
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_________, _________, _________ _________
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RETURN OF SERVICE
I hereby certify that I served this notice on __________________ (date), in __________________ (County), Colorado by my selection below:
☐ By leaving a true copy with _______________________________________ (Full Name)
☐ By posting in a conspicuous place on the premises at ___________________________________________________________________________________________________
Served by ______________________
Notice to Quit - §13-40-107, C.R.S.
(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:
(a) A tenancy for one year or longer, ninety-one days;
(b) A tenancy of six months or longer but less than a year, twenty-eight days;
(c) A tenancy of one month or longer but less than six months, seven days;
(d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days;
(e) A tenancy for less than one week, one day.
(2) Such notice shall describe the property and the particular time when the tenancy will terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney.
(3) Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown.
(4) No notice to quit shall be necessary from or to a tenant whose term is, by agreement, to end at a time certain.
(5) Except as otherwise provided in §38-33-112, C.R.S., the provisions of subsections (1) and (4) of this section shall not apply to the termination of a residential tenancy during the 91-day period provided for in said section.
