A Colorado eviction notice is the written warning a landlord must deliver to a tenant before filing an eviction lawsuit, and its required length depends on why the tenancy is ending. For most residential tenancies, the standard is 10 days to pay rent or cure a lease violation. Shorter periods apply to serious safety threats and to small landlords whose leases spell out the exemption, and much longer periods apply when a landlord is simply ending a fixed-term lease without alleging fault. Getting the timeframe, content, or delivery method wrong is one of the fastest ways to lose an eviction case before it starts.
Which Notice Applies and How Long It Runs
Colorado ties the notice period to the reason for eviction and, in some cases, to the size of the landlord’s rental portfolio. Picking the wrong one is the single most common procedural error.
10 Days for Unpaid Rent or Lease Violations
The default residential notice gives the tenant 10 days to pay what is owed or correct the violation. It covers both nonpayment and other breaches, such as unauthorized pets or subletting. If the tenant pays in full or fixes the problem within those 10 days, the landlord cannot proceed with the eviction.1Justia. Colorado Code 13-40-104 – Unlawful Detention Defined – Definitions
5 Days for Exempt Residential Agreements
A shorter five-day notice is available when the landlord owns five or fewer single-family rental homes and the lease itself states that the standard 10-day period does not apply. Colorado calls this an “exempt residential agreement.” The lease has to contain the exemption language; a landlord who qualifies on property count but never put the clause in writing is stuck with the 10-day period.1Justia. Colorado Code 13-40-104 – Unlawful Detention Defined – Definitions
3 Days for a Substantial Violation
When a tenant or their guest engages in conduct that endangers people or property, a three-day notice terminates the tenancy outright with no chance to cure. A “substantial violation” means conduct on or near the premises that endangers people or property, that constitutes a violent or drug-related felony, or that involves a criminal act carrying a possible sentence of 180 days or more and has been declared a public nuisance.2Justia. Colorado Code 13-40-107.5 – Termination of Tenancy for Substantial Violation – Definition – Legislative Declaration
No-Fault Termination Notices
When a landlord wants to end the tenancy without alleging any breach, the required notice depends on how long the tenancy has run:
- One year or longer: 91 days
- Six months to just under one year: 28 days
- Month-to-month: 21 days
- One week to just under one month: 3 days
- Less than one week: 1 day
The 91-day requirement for annual leases is the one that most often surprises landlords. If you want a tenant out when their year-long lease expires, the termination notice has to go out roughly three months before the end date.3Colorado Judicial Branch. JDF 99 B – Notice to Terminate Tenancy
What the Notice Must Contain
Colorado law requires the notice to describe the property, state when the tenancy will terminate, and carry the signature of the landlord, their agent, or their attorney.4Justia. Colorado Code 13-40-107 – Notice to Quit The Colorado Judicial Branch publishes two standard forms that cover almost every residential situation:
- JDF 99 A, Demand for Compliance or Right to Possession, is used for curable problems like unpaid rent or a fixable lease violation. It identifies the tenant, the address, and the specific violation, and it gives the tenant the chance to fix the problem inside the notice period.
- JDF 99 B, Notice to Terminate Tenancy, is used when the landlord is ending the tenancy at the end of a lease term or ending a month-to-month arrangement without alleging a breach.
For a nonpayment notice, state the exact dollar amount owed. For a lease violation, identify the specific lease provision the tenant broke. Vague language like “you violated the lease” invites a challenge. Current versions of the forms are available on the Colorado Judicial Branch website.5Colorado Judicial Branch. Residential Evictions
Under HB23-1120, the written demand must also tell the tenant about their right to mediation before an eviction case is filed, in situations where mediation is required (see below).6Colorado General Assembly. Eviction Protections for Residential Tenants
How to Deliver the Notice
A well-drafted notice means nothing if it is served incorrectly, and Colorado courts hold landlords to the service rules strictly.
The preferred method is personal service: handing the notice directly to the tenant. If the tenant is not available, the notice can be left with a person at least 16 years old who lives at or is in charge of the property. Only if no one is on the premises after personal service has been attempted on two separate days can the notice be posted in a visible spot, such as the front door.7Justia. Colorado Code 13-40-108 – Service of Notice to Vacate or Demand
That two-day attempt requirement is where landlords trip up. One failed visit does not authorize posting. You need documented attempts on two different days. Keep a written log of each attempt with the date, time, and what you found. If the tenant later claims they never received the notice, that log is your evidence.
What Happens After the Notice Period
If the notice period runs out and the tenant has neither cured the problem nor moved, the landlord can file a Forcible Entry and Detainer action in the county court where the property sits. The court issues a summons setting a hearing between 7 and 14 days out, and the summons, complaint, and a blank answer form have to be served on the tenant by a third party such as a process server or sheriff’s deputy. The landlord cannot hand those court papers over personally.8Justia. Colorado Code 13-40-111 – Summons5Colorado Judicial Branch. Residential Evictions Colorado charges no filing fee for an eviction case, though service of process still costs money.9Colorado Judicial Branch. List of Fees
Self-help eviction remains off-limits throughout. Changing the locks, shutting off utilities, or removing a tenant’s belongings without a court order is illegal in Colorado, no matter how clearly the tenant is in breach.
Mediation Before Filing
Some landlords have to go through mediation before they can file. The requirement kicks in when the tenant receives Supplemental Security Income, Social Security Disability Insurance, or cash assistance through the Colorado Works program, and has disclosed that in writing. Mediation is not required if the landlord is a 501(c)(3) nonprofit that already offers mediation, or if the landlord owns five or fewer single-family homes with no more than five total rental units. Skipping required mediation gives the tenant an affirmative defense that can derail the case.6Colorado General Assembly. Eviction Protections for Residential Tenants
Mobile Home Park Evictions Are Different
The usual notice periods don’t apply to mobile home park tenants, who own the home sitting on leased land and get much broader protection. For nonpayment, the landlord must give at least 10 days’ notice, and the notice must inform the homeowner of their right to sell or remove the mobile home within 90 days.10FindLaw. Colorado Code 38-12-204.3 – Landlord Obligations Regarding Termination of Tenancy For other lease violations, the homeowner gets 90 days to cure. If the park owner is closing the park to change the land use, residents are entitled to a full 12 months’ advance notice.11Colorado General Assembly. Mobile Home Park Act Updates Every mobile home park eviction notice must also include language telling the homeowner about the Mobile Home Park Act Dispute Resolution and Enforcement Program.