Create a comprehensive and printable Colorado eviction notice that conforms to state and federal law and provides the correct amount of warning for a tenant. Start now with our legal document maker.
Last Update May 20th, 2023
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- Colorado Eviction Notice Types
- Colorado Eviction Laws
- Colorado Eviction Process
- Eviction Notice Sample
- FAQs About Colorado Eviction Notices
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Colorado Eviction Notice Types
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.
10-Day Eviction Notice (Non-Payment)
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.
10-Day Eviction Notice (Non-Compliance)
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.
Month to Month Termination Letter
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:
Under 1 week: 1 days’ notice
1 week - 1 month: 3 days’ notice
1 month - 6 months: 7 days’ notice
6 months - 1 year: 28 days’ notice
Over 1 year: 91 days’ notice
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.
Colorado Eviction Laws
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:
Nonpayment of rent: 10 days’ notice
Minor lease violations: 10 days’ notice
Termination of a lease: Dependent on length of residence
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.
Colorado Eviction Process
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:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Motion for Entry of Judgment (JDF 104) with the court clerk.
Step 5: When the Order for Entry of Judgment (JDF 107) has been processed the tenant will have 48 hours to leave the property before the landlord may file the document with the county sheriff.
Eviction Notice Sample
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.
FAQs About Colorado Eviction Notices
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.
How to Evict Someone in Colorado?
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.
How Long Does It Take to Evict a Tenant in Colorado?
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.
How to File an Eviction in Colorado
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:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations