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The Colorado eviction notice is a document that the landlord serves to the tenant to inform them that they have violated the lease rules. It usually contains details about the violation, a deadline by which the tenant must leave the property, and (optionally) the way they can remedy the violation and continue to reside in the unit.
If the tenant doesn’t remedy the situation or the severity of the violation doesn’t give the option for a remedy, the tenant must leave the leased property. If they don’t do so, the landlord can file an eviction lawsuit.
Types of Eviction Notice in Colorado
The type of the Colorado eviction notice you want to use in a specific case depends on the type of violation the tenant has made. Therefore, we differentiate the following types of eviction notices:
Notice to Pay Rent or Quit
In Colorado, the landlord can send an eviction notice to the tenant after they are late with the rent payment. Depending on the type of the lease, the landlord issues:
Notice to Pay Rent or Quit
3-day notice for the employer-provided housing
5-day notice if the landlord leases five or fewer properties that are considered single-family homes
10-day notice for all the other residential tenancies
Notice for Lease Violation
If the tenant makes a minor lease violation, the landlord will issue a 3-, 5-, or 10-day notice to remedy the violation or vacate the premises. Minor lease violations usually include the following:
Notice for Lease Violation
Violating the building, health, and housing regulations
Not disposing of the ashes, garbage, and rubbish in a provided manner
Disturbing other people in the building
Destroying the premises or some items at the premises
End of Lease Notice
When the lease term is over, the landlord must issue a notice to the tenant, informing them that they won’t extend the lease. The landlord must issue the notice a certain number of days in advance, depending on the type of the lease:
End of Lease Notice
91 days for a tenancy of one year and longer
28 days for the tenancy between six months and a one year
21 days for the tenancy between one and six months
3 days for the tenancy between one week and one month
1 day for the tenancy shorter than one week
Eviction Laws and Requirements in Colorado
Laws & Requirements
Rent payment grace period: Not mentioned in the state statutes
Late rent fees grace period: 7 calendar days (§ 38-12-105)
Rent non-payment: 3, 5, or 10 days (§ 13-40-104(d))
Minor lease violation: 3, 5, or 10 days (§ 13-40-104(e))
Substantial lease violation: 3 days (§ 13-40-107.5(4))
End of the lease term:
91 days for tenancy of 1 year and longer
28 days for tenancy between 6 months and 1 year
7 days for tenancy between 1 and 6 months
3 days for tenancy between 1 week and 1 month
1 day for tenancy shorter than 1 week (§ 13-40-107)
When Is Rent Late in Colorado?
The Colorado statute doesn’t provide a grace period for the rent payment. In practice, that means that the landlord can issue an eviction notice to the tenant as soon as the rent payment due date is over.
For that reason, it is important that the landlord and the tenant determine the rent payment due date in the lease agreement. If such a date is not provided, that will open a room for later disputes on when the rent is due. If no due date is determined, the rent is usually payable at the beginning of each rent term (the first day of the month/week).
Grounds for Eviction in Colorado
In Colorado, a tenant can be evicted for the following reasons:
Grounds for Eviction
Non-payment of rent
Not remedying the minor lease violation
Making a major violation of the lease rules
Engaging in an illegal activity
Ending the lease term
Eviction Process in Colorado
The eviction process in Colorado starts with the landlord issuing an eviction notice to the tenant. It can last from a couple of weeks to a couple of months in case the landlord brings their claims to court. Below, you can see all the steps in this process.
#1. Write a Notice
Depending on the type of violation the tenant has committed and the type of the lease, the landlord will issue the appropriate type of eviction notice to the tenant. They will also give the tenant a certain amount of time to remedy the violation (for some types of violations) or vacate the property.
The landlord can deliver the notice to the tenant in person or via postal mail. If the notice is delivered by mail, the landlord should make sure to get proof that the notice is delivered to the tenant.
#2. File the Lawsuit
If the tenant doesn’t remedy the violation or leave the leased property, the landlord can file an eviction lawsuit in a Colorado court, according to the county where the property is located. The landlord must pay the $85–$135 filing fee, depending on whether the landlord claims a certain amount of rent or compensation for damages.
#3. Court Holds the Hearing
The court issues the court summons to the tenant at least seven (7) days before the court hearing is scheduled. The tenant will have the opportunity to answer the landlord’s claims either in writing—before the court hearing—or at the court hearing.
#4. Wait for Court’s Judgment
The court will either dismiss the landlord’s claims or issue the judgment in the landlord’s favor and later issue the Writ of Restitution. This document serves as the final notice to the tenant to leave the leased property. If the tenant remains at the property even after this point, the landlord can use the Writ of Restitution to hire the sheriff’s office or another authorized body to forcibly remove the tenant from the property.
Other Eviction-Related Forms in Colorado
Other Eviction-Related Forms
Demand for Compliance or Right to Possession Notice (JDF 101). The landlord can use this form to demand compliance with the lease rules from the tenant or request them to vacate the property.
Complaint in Forcible Entry and Detainer (JDF-99). In case the tenant doesn’t leave the property or remedy the lease agreement violation, the landlord can use this form to address the local court.
Tenant’s Answer Form. The tenant can use this form to deny the claims the landlord has raised against them.
Writ of Restitution. This form should be filled out if the court issues a judgment in favor of the landlord or if the tenant doesn’t comply with the court’s order to vacate the leased property.
Eviction Information for Landlords in Colorado
The eviction notice the landlord serves to a tenant must include the following:
Eviction Information for Landlords
Explanation of the violation the tenant has made
Date when the notice is issued
Number of days the tenant has to remedy the violation (if applicable) or vacate the rental unit
The landlord shall not refer to self-help methods to evict the tenant.
Eviction Information for Tenants in Colorado
The tenant must receive the notice before being evicted. They also must have the minimum number of days stipulated by law to leave the property or remedy the violation (if applicable).
The tenant should also be aware that the landlord is not allowed to use any self-help methods of removing the tenant from the rental property by:
Eviction Information for Tenants
Changing the locks to the property
Shutting off the essential utilities like water or electricity
Removing the tenant’s belongings from the leased unit
How to Write an Eviction Notice in Colorado
Colorado Eviction Notice Checklist
Colorado Eviction Notice FAQ
You can file an eviction notice with the tenant as soon as the rent due date is over or if the tenant commits some violation.
In order to legally evict the tenant from the property in Colorado, you must initiate the eviction process by sending an eviction notice to the tenant. If you later decide to file an eviction lawsuit with the court, you must submit proof that the tenant has received the eviction notice.
In practice, the eviction process can last anywhere from two weeks to four months, depending on the type of lease and reasons for eviction. In some extreme cases, it can last even longer.
A 3-day eviction notice is allowed only in cases of a minor violation of the lease or non-payment of rent in the employer-provided housing. In any other case, the landlord must give the tenant anywhere from 5 to 91 calendar days to vacate the property or remedy the violation, depending on the type of lease.