Colorado doesn’t have a 7-day eviction demand letter. The state’s actual notice periods under C.R.S. § 13-40-104 are 10 days for standard residential leases, 5 days for certain exempt residential agreements, 3 days for nonresidential tenancies and substantial violations, and 30 days for CARES Act properties. The “7 days” people run into refers to something different: the rule that a tenant must be served with the court summons at least 7 days before the eviction hearing. Mixing the two up is one of the easiest ways to lose an eviction case before it begins.
Where the 7-Day Figure Actually Comes From
After the demand period expires and the landlord files the Forcible Entry and Detainer complaint, the court issues a summons setting a hearing between 7 and 14 days out. The tenant must be served with that summons, the complaint, and a blank answer form at least 7 days before the hearing date.1FindLaw. Colorado Code 13-40-111 That 7-day window governs service of court papers, not the pre-filing demand. If you’re preparing the demand letter itself, you need one of the periods below.
The Real Notice Periods by Tenancy Type
Colorado ties the demand period to the type of rental arrangement. Using the wrong one gives the tenant grounds to have the case dismissed.2Justia. Colorado Code 13-40-104 – Unlawful Detention Defined – Definitions
- Standard residential lease — 10 days. The default for most landlord-tenant relationships. The written demand requires the tenant to pay overdue rent or cure the lease violation within 10 days, or surrender the property.
- Exempt residential agreement — 5 days. Applies when the landlord owns five or fewer single-family rental homes and the lease specifically waives the standard 10-day period.
- Nonresidential or employer-provided housing — 3 days. Commercial tenants and employees in employer-provided housing get only 3 days to cure or vacate.
- Substantial violation — 3 days, no cure. Serious criminal conduct on or near the property terminates the tenancy with 3 days’ notice and no opportunity to fix anything.
- CARES Act properties — 30 days. Rentals backed by a federal mortgage such as FHA or VA loans require 30 days.
Pick the one that matches your situation, not the one that gets you to court fastest. A judge who finds the wrong period was used can throw the case out.
Substantial Violations and the 3-Day No-Cure Notice
The 3-day substantial violation notice is the shortest and most aggressive option, and it gives the tenant no chance to fix anything. It’s a straight termination. It only applies to genuinely dangerous conduct, not ordinary breaches like late rent or an unauthorized pet.
Under C.R.S. § 13-40-107.5, a substantial violation means conduct by the tenant or the tenant’s guest that falls into one of three categories: acts on or near the premises that endanger another person or willfully and substantially damage property; commission of a violent crime or drug-related felony on or near the premises; or criminal activity on the leased premises or common areas that carries a potential jail sentence of 180 days or more and has been declared a public nuisance under state or local law.
The written notice must describe the property, state the specific termination date at least 3 days out, explain the grounds, and be signed by the landlord or the landlord’s agent or attorney.3Justia. Colorado Code 13-40-107.5 – Legislative Declaration – Substantial Violation – Definition
Preparing the Demand Notice
The correct form for a residential demand in Colorado is JDF 99A, titled “Demand for Compliance,” available through the Colorado Judicial Branch’s self-help forms page.4Colorado Judicial Branch. Demand for Compliance (Residential Eviction)
Watch out for a common error in online guides: many identify JDF 101 as the demand form. JDF 101 is the Eviction Complaint, a completely different document filed later with the court if the tenant fails to comply.5Colorado Judicial Branch. Residential Evictions
When filling out JDF 99A, include the full legal names of every adult occupant on the lease, the complete property address with unit number, and a clear description of the violation. For unpaid rent, list the exact dollar amount owed without adding speculative late fees or future charges. State the specific deadline by which the tenant must either comply or surrender the property, and make sure that date matches the correct statutory notice period for the tenancy type.
How to Count the Notice Days
The notice period starts the day after service, not the day of service. Every calendar day counts, weekends included. If the last day of the period falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.6Colorado Judicial Branch. Understanding the Eviction Process
A one-day miscalculation hands the tenant a straightforward defense. Count carefully, and when in doubt, add a day rather than subtract one.
Serving the Notice the Right Way
C.R.S. § 13-40-108 lays out three methods of delivery, and they have to be attempted in order. Personal delivery comes first: hand the document directly to a tenant named in the notice. If the tenant isn’t available, you can leave the notice with a household member who is at least 15 years old and lives at the property.7Justia. Colorado Code 13-40-108 – Service of Notice to Vacate or Demand
Posting on the door is the last resort, and it carries a prerequisite landlords often skip. You must first attempt personal service at least once on each of two separate days before posting is allowed. Walking up once, finding no one home, and taping the notice to the door does not satisfy the statute.6Colorado Judicial Branch. Understanding the Eviction Process
After serving the notice, the person who delivered it completes Form JDF 98, the Affidavit of Service. This is a separate form from the demand. JDF 98 does not require notarization despite what some guides claim; the server signs a verified statement under penalty of perjury confirming when, where, and how the notice was delivered.5Colorado Judicial Branch. Residential Evictions
Don’t Accept Partial Rent After Serving the Demand
This is where many landlords quietly destroy their own case. Colorado courts have held that accepting rent with knowledge of a lease violation can waive the right to terminate the tenancy. Serve a 10-day demand for unpaid rent, then take a partial payment before the period runs out, and a judge may treat that as a waiver of the right to proceed on that breach.
The safer approach is to refuse any payment after serving the demand unless you have a written agreement with the tenant that clearly states the partial payment does not waive your right to proceed, specifies the remaining balance, and sets a firm deadline for full payment. Without that written agreement, even a well-intentioned acceptance of “what I have right now” can reset the entire process.
If the Tenant Ignores the Demand
Once the notice period expires without the tenant curing the violation or moving out, the landlord can file a Forcible Entry and Detainer action in the county court where the property is located. That filing uses the Eviction Complaint (JDF 101) and Eviction Summons (JDF 102), along with a copy of the original demand notice and the completed Affidavit of Service.5Colorado Judicial Branch. Residential Evictions Colorado currently charges no filing fee for eviction cases.8Colorado Judicial Branch. List of Fees
At the hearing, judges scrutinize the demand notice, the service method, and the day count. Any defect in the original notice can produce a dismissal and force the landlord to start the entire process over from a fresh demand.