A Colorado lease termination notice must be in writing, delivered before the current rental period ends, and must give the other party the number of days the statute requires: 21 days for a tenancy of one month up to six months, 28 days for six months up to a year, and 91 days for a tenancy of a year or more.1Justia. C.R.S. § 13-40-107 Those timeframes apply to month-to-month tenancies and, in many cases, to a landlord’s decision not to renew a fixed-term lease.
How Much Notice You Have to Give
The notice period is set by how long the tenant has lived in the unit:
- At least 21 days if the tenancy has lasted one month or longer but less than six months.
- At least 28 days if it has lasted six months or longer but less than one year.
- At least 91 days if it has lasted one year or longer.
The notice has to land before the current rental period ends, and the lease then terminates at the end of that period. Miss the window and the tenancy rolls into another period, with another month’s rent owed. Count the days carefully so the other side gets the full statutory stretch.1Justia. C.R.S. § 13-40-107
Fixed-Term Leases
A fixed-term lease ends on the date written into the agreement. Even so, Colorado law generally requires a landlord who does not plan to renew to give notice using the same 21, 28, or 91-day timeframes, and residential landlords are limited by for-cause eviction protections in their ability to end or decline to renew without a specific legal reason.1Justia. C.R.S. § 13-40-107
Many written leases also require tenants to give 30 or 60 days of notice before the end date if they do not plan to stay. If a tenant remains after the lease expires without a new agreement, the arrangement typically becomes month-to-month, and the statutory notice periods above govern any later attempt to end it.
How to Deliver the Notice
The notice has to be in writing, and the law sets out how it must reach the other party. Personal delivery to the landlord or tenant is the usual route. If that person is not available, the notice can be left with a family member or someone else who lives on or manages the property. If no one is there to receive it, it may be posted in a conspicuous place on the property, such as the front door. The notice period only begins once delivery is made in one of these ways.1Justia. C.R.S. § 13-40-1072Justia. C.R.S. § 13-40-108
What a Landlord Cannot Do
A proper notice does not, by itself, let a landlord remove a tenant who stays. If the tenant disputes the notice or refuses to leave, the landlord has to go through the courts to recover possession. Changing the locks, taking off doors or windows, or shutting off utilities like water or electricity is prohibited. A landlord who tries any of these self-help measures can be held liable in court, and the tenant may recover court costs and attorney fees.3FindLaw. C.R.S. § 38-12-510
Security Deposit After Move-Out
Once the tenant is out, the security deposit has to be returned within 30 days after the lease ends or the move-out, whichever applies. A lease can lengthen that window, but it cannot push the total past 60 days. If the landlord keeps any part of the deposit for damages or unpaid rent, a written itemized list of the deductions has to go to the tenant. Normal wear and tear, meaning the ordinary decline in condition from daily living, is not a permissible deduction.4Colorado General Assembly. C.R.S. § 38-12-103
If the landlord fails to return the deposit or send the required statement, the tenant can eventually sue for three times the amount withheld. Before filing, the tenant has to send the landlord a notice of intent to sue and allow seven days for the funds to be returned.4Colorado General Assembly. C.R.S. § 38-12-103