Updated August 18, 2022
A Colorado eviction notice is a letter served by a landlord to a tenant signifying they have committed a lease violation. The notice will include the details of the offense and the number (#) of days the tenant has the right to cure the issue. If the violation remains after the notice period, the tenant will be required to move out or face an eviction lawsuit.
By Type (2)
10-Day Notice to Quit (
Non-Payment & Non-Compliance
)
– This form is used to provide notice to a tenant who is in violation of a lease. The tenant will have ten (10) days to either comply with the terms of the lease as set forth in the notice or leave the premises.
Download: Adobe PDF (Form JDF-101)
Month-to-Month Lease Termination Letter
– This form may be used when a landlord seeks to terminate a lease with the tenant. The landlord must comply with the notice requirement based on the amount of time the tenant has occupied the property.
Download: Adobe PDF (JDF-99)
Table of Contents |
Eviction Laws
- Rent Grace Period : As indicated in the lease agreement. C.R.S. 13-40-104
- Non-Payment of Rent : 10 days. § 13-40-104(d)
- Non-Compliance : 10 days. § 13-40-107.5(4)(a)
-
Termination (Month-to-Month Lease)
:
§ 13-40-107
- 1 year or longer – 91 days.
- 6 months to less than 1 year – 28 days.
- 1 month to less than 6 months – 7 days.
- 1 week to less than 1 month – 3 days.
- less than 1 week – 1 day.
- Eviction Lawsuit : Removal of Unauthorized Persons. § 13-40.1-101
Court Forms
Demand for Compliance or Right to Possession Notice (JDF 101) – As opposed to the Notice to Quit (below), this document provides the demand for compliance to the covenant stated in the document or the deliverance of possession to the landlord.
Notice to Quit (JDF-97) – This is the first form delivered to the tenant to let them know that their tenancy will be terminated and that they must vacate the residence on the date specified therein.
Complaint (JDF-99) – Served on the tenant and filed with the court should the individual fail to respond to the Notice to Quit or Form JDF 101 in the given timeframe. This begins the eviction process.
Summons (CRCCP 1A) – Filed with the court in conjunction with the complaint. It can then be served on the tenant notifying them that they are due in court at the date specified therein. It also provides instructions with regard to their response in either denying or complying with the claims made in the Complaint.
Answer Form – To be served on the tenant with the summons and complaint to provide them the opportunity to deny the charges against them.
Affidavit of Service – Used to prove that the necessary documents were served on the defendant. Should be filed with the clerk on or before the court date.
Motion for Judgment – This form indicates to the court what the landlord is demanding in the case, either money, possession, or both.
Order – This document indicates the monetary value awarded to the landlord and the return of possession of the property to the plaintiff.
Writ of Restitution – To be completed should the tenant fail to vacate the premises within 48 hours of the judgment being passed against them.
When is Rent Late?
Rent is due on the date specified in the lease agreement according to C.R.S. 13-40-104 . A landlord may issue a notice requiring a 10-day opportunity to pay all back-rent or remove themselves from the premises.
How to Evict (Process)
The eviction process involves first notifying the tenant of the intent of the landlord and if the tenant does not comply, filing an action with the County Court where the property in question is located.
Step 1 – Provide Notice to the Tenant
If the tenant is in violation of the lease, the landlord may provide the 10-Day Notice to Quit (Non-Payment & Non-Compliance) . If the landlord seeks to terminate the lease, the landlord may provide a Month to Month Termination Letter in compliance with Section 13-40-107 .
Step 2 – Filing the Complaint and Summons
If the tenant fails to comply with the notice, the landlord may file an action with the county court by filing the following documents and paying the requisite $97 filing fee:
Step 3 – Serve Forms on the Tenant
The court will set a court date and then you must serve the filed forms to the tenant, also known as the defendant, using a civil process server. The service must be completed at least 7 days before the court date. The process server will provide an affidavit of service for the landlord to file with the court.
Step 4 – The Tenant’s Response
The Defendant may use the Answer to respond to the Complaint and the court will decide at the hearing who is entitled to possession and if there are any damages. If the Defendant (tenant) does not respond, the landlord may file the following documents in order to obtain a judgment:
Step 5 – Court Date and Judgment
Both parties will be required to attend the eviction hearing and make their cases to the judge. After each party is heard, the judge will give their judgment.
If the tenant is ordered to be evicted, and if the tenant has not responded within 48 hours after judgment, the landlord may file a Writ of Restitution to force the tenant to vacate.
Video
How To Write (Notice To Quit)
Download : Adobe PDF , Microsoft Word (.docx) , Open Document Text (.odt)
Step 1 – Access And Save The Colorado Notice To Quit
The Colorado Notice To Quit is a downloadable form on this page. Before obtaining it, look over the software environment of the machine you will be working on. Once, you have determined whether a “PDF,” “Word,” or “ODT” version of this file should be used then select the appropriate button from the sample viewing area of this page. Text links with similar designations have been placed in this section as a matter of convenience.
Step 2 – Name The Tenant In Notice Recipient Role
The Colorado Notice To Quit contains several areas that allow for multiple uses. To begin, the full name of its Recipient must be presented as part of the greeting. Thus, find the blank line attached to the opening word “To” then enter the full name of the Notice Recipient as it appears on the lease or rental agreement that will be discussed below.
Step 3 – Declare The Location Of The Concerned Premises
Just below the greeting, the introductory statement will seek several details to identify the premises tied to the Tenant and Landlord by the agreement being terminated. The first empty line of this statement expects a report on the “City Of” the premises entered as its displayed information.
This introductory statement continues to request the “County Of” and the “Zip Code” where the concerned rental property is physically located presented on the next two lines where requested.
Now, locate the phrase “…The Number And Street As.” Furnish the building number of the premises being discussed along with the name of the street, road, avenue, etc. where this building number is located on the blank line attached to this phrase.
The last blank line, after the word “Apt.,” requires any apartment number or unit number needed to physically access the premises whose lease is being terminated.
Step 4 – Identify The Lease The Tenant Has Failed To Maintain
The second sentence introducing this notice will identify the violated lease by its signature date. First, produce the one or two-digit calendar day of its signature date on the line following the language “…Your Lease Agreement Signed On The”
The remaining two available lines in this area seek first the month when the concerned agreement was signed then the two-digit year when it was signed presented for display before and after the number “20” (respectively).
Step 5 – Indicate If The Notice Issue Is Non-Payment
As discussed earlier, this notice can be applicable to a variety of situations but the relevant one must be defined. This can be accomplished by choosing the checkbox corresponding to the language most appropriate for the goal at hand. If this notice concerns “Non-Payment” of the agreed-upon rent amount that must be submitted by the Tenant upon receipt of this notice, then mark the first checkbox in the “Non-Payment Of Rent & Non-Compliance” section. This statement will need material that you provide to supplement its language so you must proceed through it carefully.
The first blank line in the “Non-Payment” notice statement requires the full name of an individual who can act as an Authorized Agent by receiving the overdue rent in the name of the Property Manager/Owner should that person be unavailable when the Tenant submits payment. Record the name of the Authorized Agent on the first line in the “Non-Payment” selection.
Next, record the exact amount of money owed by the Tenant on the blank line preceding the word “Dollars” then entering it numerically after the dollar sign.
Lastly, to fully apply this statement in this notice, record the total dollar amount of rent left unpaid by the Tenant on the blank line before the phrase “Due From” then use the next two lines to document the first month, day, and year of unpaid rent and the final two lines to present the last rent due date that the Tenant missed.
Step 6 – Define The Tenant’s Compliance Status
The second checkbox definition that can be attached to this notice is labeled “Non-Compliance.” You may select this instead of or along with the “Non-Payment” option. Select the second checkbox if the Tenant has taken actions or shirked responsibilities that caused a violation of the lease.
If “Non-Compliance” to the lease on the Tenant’s part is the reason behind this notice, then you must specifically direct the Tenant on which actions he or she must take to correct the violation using the blank line provided.
Step 7 – Provide The Language Needed If This Is A Month To Month
If this notice is simply meant to apply to a month-to-month leasing arrangement and the cancellation of that lease, then you may leave the previous section unattended and turn your attention to the “Lease Termination (Month-To-Month Tenancy)” section of this document. In this case, the notice being developed can be issued either by the Landlord or the Tenant. If a Landlord is utilizing this document to issue a notice of month-to-month lease termination, then select the first checkbox in this section.
Some information will be expected when marking the first checkbox statement in the “Lease Termination (Month-To-Month Tenancy)” section where observation of Colorado Revised Statutes § 13-40-107 must occur. Depending upon the length of the tenancy, a minimum time period must be given as a warning of impending termination. A presentation is provided dictating that a Tenant who has been renting for seven days requires one day’s notice before the lease termination, a Tenant who has been renting between seven days and thirty days must be given three days’ notice, Tenants renting for more than one month but less than six must be given twenty-one days’ notice, a tenant who has been on the premises for six to twelve months may expect twenty-eight days’ notice, while a Tenant with more than one year’s residence is due a full 91 days’ notice before termination may occur. Use this information to calculate the legal date of termination then input this date (or one that is later) on the lines after “…Terminated On…”
Step 8 – Self-Report As The Tenant If This Notice Is Directed At The Landlord
If the Preparer of this notice is the Tenant of a month-to-month lease, then this document can be used to inform the Landlord of the intention to terminate the current monthly agreement. To use this document as the Tenant, mark the checkbox corresponding to the language “I Am Your Tenant And This…”
The next three empty lines in this statement seek the Tenant’s termination date of the monthly lease. Enter it as a calendar day, month, and year across the three blank lines presented in this selection. This will also have to follow a guideline in that a lease that has been in effect for more than a year requires 91 days’ notices, one in effect for six to twelve months demands 28 days’ notice before termination, while agreements that are active for only 1-6 months or for one week to 30 days require 21 days’ and 3 days’ notice respectively. Even if the month to month was only in effect for less than seven days, one days’ notice must still be given.
Step 9 – The Terminating Party Must Sign This Document To Effect
The “Landlord/Agent Signature” line requires the Issuer of this notice to sign his or her name on it. Once done, this notice must be relinquished to the Delivery Agent who will make sure the Tenant (or Landlord) it targets will receive it.
Step 10 – Review The Delivery Status
Now that the notice has been filled out according to its purpose and directed toward its intended Recipient the Delivery Agent who possesses it will need to not only deliver this notice but also return a copy of it with the Certificate Of Service filled out. Once this certificate is received, look it over to confirm that its required items are present. The first of which is the calendar date when the Delivery Agent served (the concerned notice) to the Recipient. This should be filled out after the words “…Certify That On” as a two-digit calendar day of the month, the appropriate month, and the two-digit calendar year.
Step 11 – Verify The Recipient’s Receipt Of This Paperwork
The blank line after the term “…Served This Notice To” should be filled out with the name of the individual the Agent has delivered the physical notice to.
Step 12 – Confirm The Method The Notice Was Delivered
Three checkbox statements are present on this certificate. Only one will be marked by the Delivery Agent as a description of how the notice was delivered to the above Recipient on the named calendar date. If the first checkbox is marked, then the Delivery Agent was successful in handing off the notice to its intended Recipient.
If the second checkbox statement has been selected, then the Delivery Agent was unable to locate the intended Recipient but was successful in delivering the paperwork to a Party that will reliably complete delivery (i.e. a Family Member, Spouse, Employer, etc.).
If the third checkbox was selected by the Delivery Agent, then he or she was unable to physically deliver the notice to the intended Recipient or a reliable Party and has sent it through first-class mail directly to the intended Recipient.
Step 13 – Make Sure The Delivery Agent Produced His Or Her Signature
The Delivery Agent will need to have signed the blank line at the end of the “Certificate Of Delivery” to attest to its authenticity. You may not consider the delivery of the notice complete unless the “Certificate Of Delivery” is filled out and signed by the Delivery Agent.
