Colorado Eviction Notice

Introduction

Key Things to Know

1. 1

   An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing a forcible entry and detainer lawsuit (Colorado's eviction case) in court.

2. 2

   Colorado's notice period depends on both the reason for eviction and the rental agreement type, not just the cause: nonpayment of rent and curable lease violations both get 10 days to pay or cure under a standard residential agreement, 5 days under an exempt residential agreement (a single-family home leased by a landlord who owns five or fewer rental homes), or 3 days under a nonresidential or employer-provided housing agreement. (Colorado Revised Statutes Section 13-40-104(1)(d), (1)(e))

3. 3

   A curable lease violation, like a material breach of a lease term, gives the tenant a chance to keep the lease by complying with the violated term within the notice period. (Colorado Revised Statutes Section 13-40-104(1)(e))

4. 4

   A substantial violation, such as a violent or drug-related felony, willfully and substantially endangering the property or other tenants, or a criminal act declared a public nuisance, gets a 3-day notice to terminate tenancy with no chance to cure. (Colorado Revised Statutes Section 13-40-107.5)

5. 5

   The governing law is Colorado's forcible entry and detainer statute, Colorado Revised Statutes Title 13, Article 40, which sets the notice rules and the court process that follows if the tenant doesn't comply.

6. 6

   Notices must be served personally first. If the tenant can't be found, the notice may be left with a family member over age 15 who lives at or is in charge of the premises. Posting the notice on the property is allowed only after two separate failed attempts at personal service; no mailing is required. (Colorado Revised Statutes Section 13-40-108)

7. 7

   There's no state-mandated form for the notice itself, but the law requires specific content: the grounds for possession, a description of the premises, and the date and time for possession. For tenants receiving Supplemental Security Income, Social Security Disability Insurance, or Colorado Works cash assistance, the notice must also state their right to mediation before an eviction is filed. (Colorado Revised Statutes Section 13-40-106)

Colorado Requirements for Eviction Notice

• Notice Period for Nonpayment of Rent (Colorado Revised Statutes Section 13-40-104(1)(d))

  10-day notice to pay rent or vacate for a standard residential agreement, 5 days for an exempt residential agreement (a single-family home leased by a landlord who owns five or fewer rental homes), and 3 days for a nonresidential or employer-provided housing agreement. The tenant may pay the rent due within the notice period to avoid eviction; no agreement may waive this notice requirement.

• Proper Service of Notice (C.R.S. § 13-40-108)

  Personal delivery to a known tenant occupying the premises is required first. If the tenant cannot be found, the notice may be left with a member of the tenant's family above age 15 who resides on or is in charge of the premises. Posting the notice in a conspicuous place on the premises is allowed only if no one is found after attempts at personal service on at least two separate days. No separate mailing step is required.

• Notice Period for Curable Lease Violations (Colorado Revised Statutes Section 13-40-104(1)(e))

  10-day notice to comply or vacate for a material lease violation other than nonpayment, for a standard residential agreement (5 days exempt residential, 3 days nonresidential or employer-provided). The tenant may cure by complying with the violated condition or covenant within the notice period. A repeat violation of the same lease term after a prior notice was served may be terminated on the same day schedule with no additional opportunity to cure.

• Notice for Substantial Violations, No Cure Option (Colorado Revised Statutes Section 13-40-107.5)

  3-day notice to terminate tenancy, with no opportunity to cure, for a substantial violation: an act or series of acts that endangers a person or willfully and substantially endangers property, constitutes a violent or drug-related felony, or constitutes a criminal act declared a public nuisance carrying a potential sentence of 180 days or more. The termination is effective 3 days after service.

• Required Notice Content, No Prescribed Form (Colorado Revised Statutes Section 13-40-106)

  There is no government-mandated notice form; the Colorado Judicial Branch's JDF 99 A/B/C forms are an optional resource. Specific content is legally required by statute: the notice must be in writing, specify the grounds for possession, describe the premises, and state the date and time possession must be delivered. It must also include a mediation-rights statement for tenants receiving SSI, SSDI, or Colorado Works cash assistance, and be written in English, Spanish, or the tenant's known primary language.

• No-Fault Eviction Notice Period (Colorado Revised Statutes Section 38-12-1303)

  Distinct from the 3- and 10-day for-cause notices above: ending a tenancy of 12 months or more without tenant fault requires at least 90 days' notice (45 days if the landlord or the landlord's spouse is on active military duty), for reasons limited to demolition or conversion, substantial repairs, landlord or family-member occupancy, sale of the home, refusal of a new lease, or a history of more than two late rent payments.

• Governing Forcible Entry and Detainer Statute (Colorado Revised Statutes Title 13, Article 40, Sections 13-40-101 to 13-40-128)

  The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: Colorado Revised Statutes Title 13, Article 40, "Forcible Entry and Detainer," Sections 13-40-101 through 13-40-128.