In Colorado, a 3-day eviction notice is only legal in two situations: when the property is commercial or tied to the tenant’s employment, or when a residential tenant has committed a “substantial violation” involving serious criminal conduct. For ordinary residential problems like unpaid rent or a broken lease term, the landlord must give at least 10 days. Serving a 3-day notice outside those narrow tracks is one of the fastest ways to get an eviction case dismissed.
When Three Days Is Actually Allowed
The default residential notice period in Colorado is 10 days. Three days is the exception.
Commercial and Employer-Provided Housing
If the lease is nonresidential, or if the tenant lives in housing provided as part of a job, the landlord only has to give three days’ written notice for unpaid rent or any other lease violation. This covers commercial tenants who fall behind on rent and employees living in housing tied to a job that has ended. The lease can set a different period, but without that, three days is the statutory default.1Justia. Colorado Code 13-40-104 – Unlawful Detention Defined – Definitions
Substantial Violations in Residential Tenancies
A residential tenant can be given a 3-day notice only if the landlord alleges a “substantial violation.” Colorado law defines this narrowly. It means conduct by the tenant or the tenant’s guest that falls into one of three categories:
- Willfully and substantially endangering the property, a co-tenant, or anyone living on or near the premises.
- Committing a violent or drug-related felony on or near the property.
- Committing a criminal act on the property or its common areas that qualifies as a public nuisance and carries a potential jail sentence of 180 days or more.2Justia. Colorado Code 13-40-107.5 – Termination of Tenancy for Substantial Violation – Definition – Legislative Declaration
A substantial-violation notice gives the tenant no right to fix the problem. There is no cure option. The tenant must leave within three days.
Late rent, an unauthorized pet, a noisy party, an extra occupant, or a lease term the tenant broke without endangering anyone — none of that qualifies. Those situations require a 10-day notice, not three.
The Two Forms and Why the Wrong One Kills a Case
Colorado uses separate court forms depending on which type of notice is being given. Using the wrong form can end an eviction before it starts.
The JDF 99A, Demand for Compliance, is the standard notice for residential lease violations like unpaid rent. It gives the tenant 10 days to either cure the problem or move out. For a commercial or employer-provided housing tenancy, the same demand carries a 3-day deadline.3Colorado Judicial Branch. JDF 99 A – Demand for Compliance
The JDF 99B, Notice to Terminate Tenancy, is used when the landlord is ending the tenancy outright. For a substantial violation, JDF 99B sets a 3-day move-out with no chance to cure. For a repeat violation of a lease term that was already addressed with a Demand for Compliance, the same form gives 10 days.4Colorado Judicial Branch. JDF 99 B – Notice to Terminate Tenancy
A landlord who serves a Demand for Compliance for a substantial violation has used the wrong form, because a Demand for Compliance offers a cure period. For criminal conduct that qualifies as a substantial violation, the correct form is the Notice to Terminate, which requires the tenant to leave and offers no cure option.
What the Notice Must Say
Whichever form applies, the notice has to identify the property by its full address (including unit number) and name the tenant. It must state a date and time by which the tenant must comply or vacate.
A Demand for Compliance has to spell out the exact lease provision the tenant violated. If rent is owed, that means the specific dollar amount. If the problem is something else, the notice has to describe it clearly enough that the tenant can understand what to fix. Vague wording like “you have violated the lease” is not enough, and judges routinely reject notices that fail to describe the violation. When that happens, the landlord has to start over.
A Notice to Terminate based on a substantial violation has to describe the criminal conduct that occurred, identify which of the three grounds applies (endangerment, felony, or public-nuisance crime), and state the specific date the tenancy ends. It must be signed by the landlord, the landlord’s agent, or an attorney.2Justia. Colorado Code 13-40-107.5 – Termination of Tenancy for Substantial Violation – Definition – Legislative Declaration
How the Notice Must Be Delivered
Colorado is specific about service. Shortcuts here can void the entire eviction.
The preferred method is personal service: handing the notice directly to the tenant, or leaving it with a household member who is at least 15 years old and lives at or is in charge of the premises. That age threshold is 15, not 18, and it catches landlords off guard.5Justia. Colorado Code 13-40-108 – Service of Notice to Vacate or Demand
If no one is home, the landlord cannot just tape the notice to the door. Posting is only allowed after the landlord has attempted personal service on two separate days and failed both times. Skipping those attempts gives the tenant a strong argument to have the case dismissed.5Justia. Colorado Code 13-40-108 – Service of Notice to Vacate or Demand
Counting the Three Days
The clock starts the day after the notice is served or posted. If a landlord posts on a Monday, day one is Tuesday. The deadline cannot land on a Saturday, Sunday, or legal holiday. If it would, it moves to the next business day.6Colorado Judicial Branch. Understanding the Eviction Process
Example: a notice posted Thursday gives Friday, Saturday, and Sunday as the three calendar days. Because the third day is Sunday, the deadline shifts to Monday. Filing even one day early is enough for the court to dismiss the case.
What Happens After the Three Days Run
If the tenant has not left or cured by the deadline, the landlord can file an eviction complaint, called a Forcible Entry and Detainer or FED, in the county court where the property sits. Colorado does not charge a filing fee for eviction cases.7Colorado Judicial Branch. List of Fees
Before filing, the landlord has to determine whether the tenant receives Supplemental Security Income, Social Security Disability Insurance, or cash assistance through Colorado Works. If the tenant does, mandatory mediation must occur before the case can be filed. The complaint must include an affidavit confirming either that mediation happened and failed, or that the tenant does not receive those benefits or declined to say. Small landlords with five or fewer single-family rentals (no more than five rental units total) and certain 501(c)(3) nonprofits are exempt from this requirement.8Justia. Colorado Code 13-40-110 – Complaint
The court then issues a summons with a return date 7 to 14 days after issuance.9Justia. Colorado Code 13-40-111 – Summons If the tenant does not appear or answer, the landlord can request a default judgment. If the tenant files an answer, the court sets trial within 7 to 10 days.6Colorado Judicial Branch. Understanding the Eviction Process
In unpaid-rent cases, the tenant can pay everything owed at any point before the judge enters a judgment for possession and stop the eviction. That includes the amount in the notice plus any rent that has come due since. Payment can go to the landlord or into the court. Once payment is confirmed, the court must vacate any prior judgment and dismiss the case, and this right cannot be waived in the lease.10Justia. Colorado Code 13-40-115 – Judgment This right to pay and stay does not apply in substantial-violation cases.
If the landlord wins, the court issues a writ of restitution telling the sheriff to remove the tenant. The landlord can request the writ 48 hours after judgment, but the sheriff cannot actually execute it until at least 10 days after judgment. For tenants who receive SSI, SSDI, or TANF cash assistance, that waiting period stretches to 30 days.6Colorado Judicial Branch. Understanding the Eviction Process
Federal Rules That Can Override the 3-Day Timeline
Even when Colorado allows a 3-day notice, federal law can extend or block the eviction.
Section 4024 of the CARES Act requires at least 30 days’ notice to vacate for any “covered dwelling,” which includes properties with a federally backed mortgage (FHA, VA, USDA, Fannie Mae, Freddie Mac) and properties in federal housing programs. If the property qualifies, the CARES 30-day rule likely applies regardless of Colorado’s shorter timeline for nonpayment.
The Servicemembers Civil Relief Act blocks eviction of an active-duty service member or family without a court order. For 2026, the protection applies when monthly rent is $10,542.60 or less, and it covers active-duty service members, reservists, and National Guard members on active duty.11Federal Register. Notice of Publication of Housing Price Inflation Adjustment
Under the Fair Housing Act, a tenant with a disability can request a reasonable accommodation that changes the eviction timeline, and the landlord must grant it unless doing so creates an undue financial or administrative burden. The request can be oral or written, and no specific form is required.12U.S. Department of Housing and Urban Development (HUD). Housing Discrimination Under the Fair Housing Act
Finally, if the tenant files bankruptcy before the landlord gets a judgment for possession, the automatic stay freezes the eviction, and the landlord must ask the bankruptcy court to lift the stay before moving forward. If judgment for possession is already in place, the landlord can generally proceed. Where the bankruptcy involves illegal drug use or endangerment of the property, the landlord can file a certification and continue without seeking to lift the stay, though the tenant has 15 days to object.