Colorado Notice to Vacate: 2026 Landlord Rules & 10-Day Statute
Reviewed by DocDraft Legal Team · Colorado · Last updated 2026-05-31
Colorado's notice-to-vacate and eviction rules sit in the Forcible Entry and Detainer (FED) article, C.R.S. Title 13, Article 40. For residential nonpayment, C.R.S. 13-40-104(1)(d) requires a 10-day notice in writing that demands in the alternative either payment of the rent or possession of the premises, and C.R.S. 13-40-104(1)(e) sets the same 10-day default for a notice to comply with a lease covenant or deliver possession. A no-cause termination of a non-fixed-term tenancy scales to the length of the tenancy under C.R.S. 13-40-107(1), from 91 days down to 3 days. Colorado does not have a statewide just-cause eviction statute that bars a landlord from terminating a non-fixed-term tenancy on that schedule. Once the notice period expires, the landlord files a forcible entry and detainer action in the Colorado county court for the county where the property is located.
How does Colorado's notice to vacate compare to shorter-notice states?
Colorado sets a 10-day default for the two most common residential notices: the nonpayment demand under C.R.S. 13-40-104(1)(d) and the lease-violation cure demand under C.R.S. 13-40-104(1)(e). Many states use a 3-day pay-or-quit floor, so Colorado's 10-day clock gives a residential tenant a longer window to pay the rent or cure the violation before the landlord can file. Shorter periods still apply to narrow categories under the same statute: 3 days for a nonresidential agreement or employer-provided housing, and 5 days for an exempt residential agreement (a single-family home leased by a landlord who owns five or fewer single-family rentals and who states in the agreement that the 10-day period does not apply).
How do I serve a notice to vacate in Colorado?
C.R.S. 13-40-108 governs manner of service. The notice may be served by delivering a copy to the tenant or other person occupying the premises, or by leaving a copy with a member of the tenant's family above the age of fifteen years who resides on or is in charge of the premises. If neither can be accomplished, the statute permits posting the copy in some conspicuous place on the premises. The notice must be in writing; oral notice does not satisfy the statute. Consult the full text of C.R.S. 13-40-108 or an attorney before relying on mail service for the notice.
How many days notice does Colorado require for nonpayment of rent?
C.R.S. 13-40-104(1)(d) requires 10 days' notice in writing for a residential default in the payment of rent, demanding in the alternative either payment of the rent or possession of the premises. The 10-day count is calendar days, not business days only. Two narrower categories carry shorter periods under the same subsection: 3 days for a nonresidential agreement or an employer-provided housing agreement, and 5 days for an exempt residential agreement as defined by the statute. If the tenant pays the full amount demanded within the notice period, the default is resolved and the landlord cannot proceed on that notice.
What happens after the notice period if the tenant does not vacate?
After the applicable notice period expires, the landlord files a forcible entry and detainer (eviction) action in the Colorado county court for the county where the rental property is located, under C.R.S. Title 13, Article 40. Under C.R.S. 13-40-111(1), the summons commands the defendant to appear on a day not less than seven days but not more than fourteen days from the day the summons is issued; that first appearance is the return date. If the landlord prevails, the court can issue a writ of restitution directing the sheriff to assist in removing the tenant. Under HB 21-1121, the sheriff cannot execute the writ until at least 10 days after the court enters a judgment for possession.
Colorado notice-to-vacate framework at a glance
Colorado's controlling law is the Forcible Entry and Detainer (FED) article, C.R.S. Title 13, Article 40. For a residential nonpayment default, C.R.S. 13-40-104(1)(d) requires a 10-day notice in writing demanding in the alternative payment of the rent or possession of the premises, and C.R.S. 13-40-104(1)(e) applies the same 10-day default to a notice to comply with a lease covenant or condition or deliver possession; 3 days applies to nonresidential or employer-provided housing agreements and 5 days to an exempt residential agreement. A substantial violation under C.R.S. 13-40-107.5 is met with a 3-day notice to quit that is not subject to a cure right, effective three days after service. A no-cause termination of a non-fixed-term tenancy scales to tenancy length under C.R.S. 13-40-107(1), from 91 days for a tenancy of one year or longer to 3 days for a tenancy at will, while a fixed-term tenancy that by agreement ends at a time certain needs no notice to quit under C.R.S. 13-40-107(4). Colorado has no statewide just-cause statute that bars termination on that schedule. After notice, the FED action is filed in the Colorado county court for the county where the property sits, with a return date set not less than seven nor more than fourteen days out under C.R.S. 13-40-111(1). The Colorado Judicial Branch publishes FED forms and self-help instructions at coloradojudicial.gov; no single pre-suit notice-to-quit form is statutorily mandated.
Landlord Resources
Colorado Judicial Branch: Residential Evictions Self-Help
Official state judicial branch resource for forcible entry and detainer procedure, FED forms (including the JDF complaint and summons forms), and self-help instructions for the county court eviction process.
Colorado Judicial Branch: Court Fees
Official fee listing for Colorado courts, including filing fees for forcible entry and detainer actions in county court. Confirm the current plaintiff filing fee against the published JDF fee chart before filing.
Colorado General Assembly
Official source for Colorado statutes and enacted legislation, including the Forcible Entry and Detainer article (C.R.S. Title 13, Article 40) and recent eviction-related bills such as HB 21-1121 and SB 24-094.
Relevant Laws
C.R.S. 13-40-104 (Unlawful Detention Defined; Nonpayment and Violation Notices)
Defines unlawful detention and sets the 10-day default residential notice for nonpayment under (1)(d) and for a covenant or condition violation under (1)(e), each demanding payment or compliance in the alternative or delivery of possession.
C.R.S. 13-40-107 (Notice to Quit; Termination by Tenancy Length)
Scales the no-cause termination notice to the length of the tenancy, from 91 days for a tenancy of one year or longer down to 3 days for a tenancy at will, and provides no notice to quit is needed where the term by agreement ends at a time certain.
C.R.S. 13-40-107.5 (Substantial Violation; Three-Day Notice to Quit)
Defines a substantial violation and provides a 3-day notice to quit that is not subject to a cure right, with termination effective three days after service.
C.R.S. 13-40-108 (Manner of Service)
Authorizes service by personal delivery, by leaving a copy with a family member above fifteen who resides on or is in charge of the premises, or by posting in a conspicuous place on the premises when delivery cannot be accomplished.
C.R.S. 13-40-111 (Issuance and Return of Summons)
Provides that the FED summons commands the defendant to appear on a day not less than seven nor more than fourteen days from the day of issuing the summons, setting the return date for the eviction action.
C.R.S. 38-12-509 (Retaliation Prohibited)
Prohibits a landlord from retaliating against a tenant for protected activities, including by bringing or threatening to bring an action for possession.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal Servicemembers Civil Relief Act provisions governing eviction and residential lease termination protections for active-duty servicemembers.
Regional Variances
Colorado FED practice and local overlays by jurisdiction
Statewide baseline (C.R.S. Title 13, Article 40)
The statewide rules control everywhere: a 10-day default for residential nonpayment and covenant-violation notices under C.R.S. 13-40-104, a tenancy-length no-cause schedule under C.R.S. 13-40-107(1), and a county-court FED action with a return date set seven to fourteen days out under C.R.S. 13-40-111(1). Colorado has no statewide just-cause statute that limits a no-cause termination on the C.R.S. 13-40-107(1) schedule.
Denver
Eviction actions for properties in Denver are filed in the county court for the county where the property is located, following the statewide C.R.S. Article 40 process. Denver may have local landlord-tenant ordinances or licensing rules layered on top of the state baseline; confirm any current Denver city rule at the official Denver government source before relying on it.
Boulder
Properties in Boulder also follow the statewide C.R.S. Article 40 notice and FED process, filed in the county court for the county where the property sits. Boulder has historically been active on local tenant-protection measures; verify any current Boulder city overlay at the official Boulder government source before serving notice or filing.
Suggested Compliance Checklist
Confirm the ground and the correct notice period
Pre-notice days after startingMap the situation to the right statute and period. Nonpayment: C.R.S. 13-40-104(1)(d), 10 days residential (3 days nonresidential or employer-provided housing, 5 days exempt residential agreement). Covenant violation: C.R.S. 13-40-104(1)(e), same 10-day default. Substantial violation: C.R.S. 13-40-107.5, 3-day notice to quit with no cure. No-cause termination: C.R.S. 13-40-107(1) tenancy-length schedule. No notice is needed where the fixed term ends at a time certain under C.R.S. 13-40-107(4).
Confirm no retaliation or servicemember bar applies
Pre-notice days after startingCheck that the action is not retaliatory under C.R.S. 38-12-509 (which lists bringing or threatening an action for possession among prohibited acts) and that the tenant has no pending warranty-of-habitability complaint under C.R.S. 38-12-503. If the tenant is a servicemember or dependent, confirm the controlling Colorado section (C.R.S. 38-12-1101 et seq.) and the federal SCRA (50 U.S.C. 3955) and verify any orders before proceeding.
Draft the written notice that meets the statutory content rules
Pre-notice days after startingThe notice must be in writing; oral notice does not satisfy the statute. A notice to quit must describe the property and state the particular time the tenancy will terminate and be signed by the party giving notice or an agent or attorney under C.R.S. 13-40-107(2). A nonpayment or violation notice must contain the alternative demand (pay or possession, or comply or possession) required by C.R.S. 13-40-104 with the applicable period. The notice must include any disclosures required by recent legislation, such as SB 24-094.
Serve the notice per C.R.S. 13-40-108
Service days after startingServe by delivering a copy to the tenant or other person occupying the premises, or by leaving a copy with a member of the tenant's family above fifteen who resides on or is in charge of the premises. If neither can be accomplished, post the copy in a conspicuous place on the premises. Record the date and method of service. Confirm whether mail service is authorized against the full text of C.R.S. 13-40-108 before relying on a mailed notice.
Wait the full notice period before filing
Notice period days after startingDo not file the FED action before the applicable period expires: 10 days for a residential nonpayment or covenant-violation notice under C.R.S. 13-40-104, 3 days for a substantial-violation notice to quit under C.R.S. 13-40-107.5, or the tenancy-length period under C.R.S. 13-40-107(1) for a no-cause termination. Filing before the period runs can lead to dismissal and force you to re-serve.
File the forcible entry and detainer complaint in county court
Post-notice days after startingFile the FED (eviction) complaint in the Colorado county court for the county where the property is located, under C.R.S. Title 13, Article 40, using the Colorado Judicial Branch JDF complaint and summons forms. Confirm the current plaintiff filing fee against the published Judicial Branch JDF fee chart before filing; by statute, FED defendants are not charged a fee to file an answer.
Appear at the return date and hearing
Hearing days after startingUnder C.R.S. 13-40-111(1) the summons sets the return date not less than seven nor more than fourteen days from issuance. Appear with the lease, the notice with proof of service, a rent ledger if nonpayment is the ground, and documentation supporting compliance with the retaliation and habitability rules. Be prepared for a tenant breach-of-warranty defense under C.R.S. 38-12-503.
Obtain and execute the writ of restitution
Post-judgment days after startingIf the landlord prevails, the court can issue a writ of restitution directing the sheriff to assist in removing the tenant. Under HB 21-1121, the sheriff cannot execute the writ until at least 10 days after the court enters judgment for possession. The sheriff, not the landlord, carries out the removal.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the ground and the correct notice period | Map the situation to the right statute and period. Nonpayment: C.R.S. 13-40-104(1)(d), 10 days residential (3 days nonresidential or employer-provided housing, 5 days exempt residential agreement). Covenant violation: C.R.S. 13-40-104(1)(e), same 10-day default. Substantial violation: C.R.S. 13-40-107.5, 3-day notice to quit with no cure. No-cause termination: C.R.S. 13-40-107(1) tenancy-length schedule. No notice is needed where the fixed term ends at a time certain under C.R.S. 13-40-107(4). | - | Pre-notice |
| Confirm no retaliation or servicemember bar applies | Check that the action is not retaliatory under C.R.S. 38-12-509 (which lists bringing or threatening an action for possession among prohibited acts) and that the tenant has no pending warranty-of-habitability complaint under C.R.S. 38-12-503. If the tenant is a servicemember or dependent, confirm the controlling Colorado section (C.R.S. 38-12-1101 et seq.) and the federal SCRA (50 U.S.C. 3955) and verify any orders before proceeding. | - | Pre-notice |
| Draft the written notice that meets the statutory content rules | The notice must be in writing; oral notice does not satisfy the statute. A notice to quit must describe the property and state the particular time the tenancy will terminate and be signed by the party giving notice or an agent or attorney under C.R.S. 13-40-107(2). A nonpayment or violation notice must contain the alternative demand (pay or possession, or comply or possession) required by C.R.S. 13-40-104 with the applicable period. The notice must include any disclosures required by recent legislation, such as SB 24-094. | notice-to-vacate | Pre-notice |
| Serve the notice per C.R.S. 13-40-108 | Serve by delivering a copy to the tenant or other person occupying the premises, or by leaving a copy with a member of the tenant's family above fifteen who resides on or is in charge of the premises. If neither can be accomplished, post the copy in a conspicuous place on the premises. Record the date and method of service. Confirm whether mail service is authorized against the full text of C.R.S. 13-40-108 before relying on a mailed notice. | - | Service |
| Wait the full notice period before filing | Do not file the FED action before the applicable period expires: 10 days for a residential nonpayment or covenant-violation notice under C.R.S. 13-40-104, 3 days for a substantial-violation notice to quit under C.R.S. 13-40-107.5, or the tenancy-length period under C.R.S. 13-40-107(1) for a no-cause termination. Filing before the period runs can lead to dismissal and force you to re-serve. | - | Notice period |
| File the forcible entry and detainer complaint in county court | File the FED (eviction) complaint in the Colorado county court for the county where the property is located, under C.R.S. Title 13, Article 40, using the Colorado Judicial Branch JDF complaint and summons forms. Confirm the current plaintiff filing fee against the published Judicial Branch JDF fee chart before filing; by statute, FED defendants are not charged a fee to file an answer. | - | Post-notice |
| Appear at the return date and hearing | Under C.R.S. 13-40-111(1) the summons sets the return date not less than seven nor more than fourteen days from issuance. Appear with the lease, the notice with proof of service, a rent ledger if nonpayment is the ground, and documentation supporting compliance with the retaliation and habitability rules. Be prepared for a tenant breach-of-warranty defense under C.R.S. 38-12-503. | - | Hearing |
| Obtain and execute the writ of restitution | If the landlord prevails, the court can issue a writ of restitution directing the sheriff to assist in removing the tenant. Under HB 21-1121, the sheriff cannot execute the writ until at least 10 days after the court enters judgment for possession. The sheriff, not the landlord, carries out the removal. | - | Post-judgment |
Frequently Asked Questions
Colorado has no statewide just-cause statute that bars a landlord from declining to renew or terminating a non-fixed-term tenancy on the C.R.S. 13-40-107(1) notice schedule. A no-cause termination instead runs on that tenancy-length schedule regardless of the landlord's motive, from 91 days for a tenancy of one year or longer down to 3 days for a tenancy at will. Any local just-cause ordinance would be city-specific; check the current rule for the specific city before relying on this answer.
Under C.R.S. 13-40-104(1)(e), a residential notice for a lease covenant or condition violation must give 10 days' notice in writing demanding in the alternative either compliance with the condition or covenant or delivery of possession of the premises. If the tenant comes into compliance within the 10-day period, the violation is cured and the landlord cannot proceed on that notice. Shorter periods apply to narrow categories under the same subsection: 3 days for a nonresidential or employer-provided housing agreement and 5 days for an exempt residential agreement.
A substantial violation under C.R.S. 13-40-107.5 is an act or series of acts by the tenant or a guest or invitee that endangers persons or willfully and substantially endangers property, or that constitutes a violent or drug-related felony under specified Colorado statutes, or that involves certain criminal conduct declared a public nuisance. A substantial violation is not subject to a cure right. The landlord serves a written notice to quit and the termination is effective three days after service under C.R.S. 13-40-107.5(4)(a) and 13-40-104(1)(d.5).
Colorado addresses a repeat covenant violation separately. C.R.S. 13-40-104(1)(e.5) covers a tenant who, after being served the 10-day paragraph (e) notice, later violates the same covenant again.
Two layers can apply. The federal Servicemembers Civil Relief Act (50 U.S.C. 3955) provides eviction and lease-termination protections for active-duty servicemembers, and Colorado has a servicemember lease-termination statute at C.R.S. 38-12-1101 et seq. Before serving notice or filing against a servicemember or dependent, confirm the controlling Colorado section and 50 U.S.C. 3955, and verify any orders the tenant provides.
A notice that does not meet the statutory content rules can undermine the eviction. A notice to quit terminating a tenancy must describe the property and state the particular time the tenancy will terminate, and it must be signed by the party giving notice or an agent or attorney, under C.R.S. 13-40-107(2). A nonpayment or violation notice must contain the alternative demand required by C.R.S. 13-40-104. The notice must be in writing; oral notice does not satisfy the statute. Filing before the notice period runs or on a notice missing required content can lead to dismissal and force you to re-serve.
No. C.R.S. 38-12-509(1) prohibits a landlord from retaliating against a tenant for protected activities, such as a good-faith complaint about uninhabitable conditions or organizing a tenant association, and the listed retaliatory acts include bringing or threatening to bring an action for possession. Colorado tenants also have a statutory warranty of habitability under C.R.S. 38-12-503, and a breach-of-warranty defense can be raised in the FED action.
Yes. Recent legislation changed notice requirements and post-judgment timelines. HB 21-1121 bars a sheriff from executing a writ of restitution until at least 10 days after the landlord wins judgment. SB 24-094 (2024) added disclosure and content requirements that apply to certain residential demand and termination notices. Landlords should review the current statutes or consult an attorney. Both originate in recent Colorado legislation; review the enacted C.R.S. section for the precise requirements.
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