A Colorado notice to vacate is the written document a landlord or tenant uses to end a residential tenancy, and since April 2024 a landlord cannot serve one without a legal reason recognized by statute. The notice period runs from as little as 3 days for dangerous conduct to 90 days for no-fault reasons like demolition or an owner move-in. Tenants ending a month-to-month or other periodic tenancy still give notice on a sliding scale tied to how long they have lived there, from 1 day up to 91 days.
Landlords Need a Legal Reason First
Before the notice period matters, the reason matters. Colorado law bars a landlord from serving a termination notice or filing an eviction on almost any residential rental unless one of these grounds applies:1Justia Law. Colorado Code 38-12-1303 – Cause for Eviction Required – No-Fault Evictions
- Nonpayment of rent
- A material lease violation
- A repeat violation of the same type after a prior notice
- A substantial violation, such as a violent or drug-related felony on the property
- Disturbing conduct that interferes with quiet enjoyment, or negligent damage
- A no-fault reason such as demolition, major renovation, owner move-in, withdrawal from the rental market, or the tenant’s refusal to sign a new lease with reasonable terms
If the tenant raises the lack of cause in court and the landlord cannot prove one of these grounds, the judge sides with the tenant.2Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant The just-cause rule does not apply to short-term rentals or the other categories listed in the statute.3Justia Law. Colorado Code 38-12-1302 – Applicability
Notice Periods at a Glance
The type of cause dictates the timeline. For a standard residential lease:
- Nonpayment or lease violation with a chance to cure: 10 days
- Nonpayment or lease violation, exempt residential agreement (landlord owns five or fewer single-family rentals and the lease says so): 5 days
- Nonpayment or lease violation, nonresidential or employer-provided housing: 3 days
- Substantial violation (no cure): 3 days
- No-fault grounds: at least 90 days
Notices for Nonpayment and Lease Violations
When rent is late or a tenant has broken a term of the lease, the landlord serves a written demand giving the tenant a choice: fix the problem or move out. For most residential tenancies the tenant gets 10 days.4Justia Law. Colorado Code 13-40-104 – Unlawful Detention Defined The 5-day and 3-day exceptions above shorten it in narrow situations.
The clock starts the day after service and does not count the day the notice was delivered. If the tenant pays every dollar owed, or cures the violation, within the notice window, the landlord cannot go forward on that ground. A lease cannot waive this right to cure. The correct form is JDF 99 A (Demand for Compliance), which replaced the older JDF 99.5Colorado Judicial Branch. Colorado Courts Forms Blotter The same form is used for disturbing-conduct grounds like noise, harassment of neighbors, or negligent damage; it requires the landlord to describe what the tenant did and who was affected.6Colorado Judicial Branch. JDF 99 A – Demand for Compliance
Tenants who fell behind on rent because they were victims of domestic violence, stalking, or sexual assault may be entitled to a repayment plan of up to nine months rather than a lump-sum cure.6Colorado Judicial Branch. JDF 99 A – Demand for Compliance
Notices for Substantial Violations
Some conduct does not get a chance to cure. When a tenant or their guest endangers the safety of the landlord or other tenants, commits a violent or drug-related felony on the property, or creates a public nuisance, the landlord can issue a 3-day notice to quit with no cure period. The form is JDF 99 B (Notice to Terminate Tenancy).5Colorado Judicial Branch. Colorado Courts Forms Blotter
If the tenant does not leave within three days, the landlord can file an eviction case, but has to prove the violation actually happened. Police reports, photos, or witness statements matter more here than in any other type of eviction.
No-Fault Notices
Colorado still allows a landlord to end a tenancy for reasons that are not the tenant’s fault, but the notice period stretches to at least 90 days and the notice must document what the landlord is doing:1Justia Law. Colorado Code 38-12-1303 – Cause for Eviction Required – No-Fault Evictions
- Demolition, conversion to nonresidential use, or conversion to a short-term rental. The notice must describe the project and include evidence such as a building permit.
- Substantial repairs or renovations that make the unit uninhabitable. The notice must give an expected completion date. If the work is expected to take fewer than 180 days, the tenant must be offered the right to return.
- Owner or family-member move-in.
- Withdrawal of the property from the rental market for sale.
- Tenant’s refusal of a new lease with reasonable terms.
- A history of nonpayment or late payment.
The form is JDF 99 C (Notice of No-Fault Eviction). The tenant keeps every right under the existing lease until the notice period runs out.
When a Tenant Gives Notice
Tenants ending a periodic tenancy do not need cause. The required notice climbs with the length of the tenancy, and the notice must expire at the end of a rental period:7Justia Law. Colorado Code 13-40-107 – Notice to Terminate Tenancy
- Less than one week: at least 1 day
- One week to less than one month, or at-will: at least 3 days
- One month to less than six months: at least 21 days
- Six months to less than one year: at least 28 days
- One year or longer: at least 91 days
These same tiers apply when a landlord terminates a tenancy at a property that sits outside the just-cause rules, such as certain nonresidential properties.7Justia Law. Colorado Code 13-40-107 – Notice to Terminate Tenancy
How the Notice Must Be Delivered
A well-written notice fails if it is served the wrong way. Colorado recognizes three methods:8Justia Law. Colorado Code 13-40-108 – Service of Notice to Vacate or Demand
- Personal service, by handing the notice to a tenant who lives in the unit.
- Substitute service, by leaving the notice with a household member at least 15 years old who lives at the property.
- Posting the notice in a conspicuous place, such as the front door, but only after two documented failed attempts at personal service on two separate days.
Posting is where landlords stumble. You cannot skip to the door first. Without proof of two failed attempts on different days, a court can throw out the case for improper service. Email and text messages are not valid service. Keep a signed copy of the notice, record the date and time of every attempt, and photograph the posting if it comes to that. Every notice must include the rental’s street address (with any unit number), the compliance or vacate date, and the signature of the landlord or agent. The JDF 99 forms include a section for recording the service method and any failed attempts.6Colorado Judicial Branch. JDF 99 A – Demand for Compliance
If the Tenant Does Not Leave
A notice to vacate is not self-executing. If the deadline passes and the tenant stays, the landlord files an eviction case in county court using JDF 101 (Eviction Complaint) and JDF 102 (Eviction Summons), which must be personally served on the tenant at least seven days before the court date.9Colorado Judicial Branch. Residential Evictions There is no filing fee for eviction cases in Colorado.10Colorado Judicial Branch. List of Fees Only a sheriff can physically remove a tenant, and only after the court has entered judgment and issued a writ of restitution. Self-help lockouts, utility shutoffs, and removal of belongings are not legal ways to end a tenancy in Colorado.