The Colorado three (3) day notice to quit (JDF-101), also known as a “notice to pay or quit” or “notice to comply or vacate”, is used by a landlord to inform the tenant that they must either pay rent or fix a lease violation. The notice states that if the tenant does not do what is necessary to remedy the issue stated that the tenant will be required to move-out of the property. If the tenant decides to move-out, they will still be liable for any and all rent for the rest of the lease term. When sending this notice the
Colorado Eviction Notices | 3 and 30 Day Notices to Quit
The Colorado eviction notices may be delivered to a tenant upon their violation or the landlord’s intention of cancelling a rental agreement. For late rent, there is no grace period in Colorado. Therefore, the landlord may submit the Notice to Pay or Quit (JDF 97) immediately after rent was due. If the tenant does not respond the landlord will be able to file a Forcible Entry and Detainer.
Non-Payment of Rent – 3 days § 13-40-104(d)
Non-Compliance – 3 days § 13-40-104(e)
Lease Termination (Month-to-Month Tenancy) – The notice periods are determined by the amount of time the tenant has been on the premises: 1+ years: 91 days, 6-12 months: 28 days, 1-6 months: 21 days, 7 to 30 days: 3 days, less than 7 days: 1 day. § 13-40-107
The Colorado lease termination letter is official notice that is given from a landlord to tenant in order to inform them to vacate the property. The specific amount of notice depends on how long the tenant has been on property in accordance with § 13-40-107 (see table below): Tenancy Period Required Notice 1 year or longer 91 days 6 months or longer but less than 1 year 28 days 1 month or longer but less than 6 months 21 days 1 week or longer but less than 1 month 3 days 1 day but less than 1 week 1 day Laws
How to Evict a Tenant (Process)
In addition to the instructions provided below a landlord may also find the Colorado Official Eviction Instructions (Form JDF 100) and the 20th District Court’s Guide.
Step 1 – Give Notice to the Tenant
The first step to evicting a tenant is to serve them a “Notice to Quit/Cure.” Under Colorado law, tenants have three days to either pay the past-due rent, or vacate the rental unit.* When a tenant breaches a part of the rental/lease agreement, the landlord can issue a “Notice to Cure” form which will state that the tenant must rectify the correctable violation within three days, or vacate the property.
*If it is a month-to-month tenancy, the required notice period is 30 days.
Step 2 – File the Forms with the Court
If the tenant fails to comply with the notice to quit the landlord will be forced to file a lawsuit (forcible entry and detainer) with the county court the property is located (Find Locations).
The forms the landlord will have to file include the following:
Complaint (Form JDF 99)
-Attach the signed lease agreement
-Attach the notice to quit and proof of service (return receipt or signature from tenant)
Summons (Form CRCCP 1A)
-If the landlord is defending themselves the top portion will also need to be completed.
Answer (Form CRCCP 3)
-Leave this blank. This will be sent to the tenant and will act as their form in order to response to the action filed against them.
Filing Fee ($97)
-In accordance with § 13-32-101
Step 3 – Serve the Tenant
The clerk will usually have a court hearing scheduled within 10 – 15 days. Therefore, the tenant will need to be aware of the filing against them. The landlord will be required to submit the processed Complaint and Summons along with a blank Answer for the tenant to complete.
The landlord may send the forms via a Certified Process Server.
Step 4 – Attending the Hearing
If before the hearing date the landlord and tenant come to an agreement over the damages a Stipulation Agreement (JDF 102) may be completed and filed with the clerk which will finalize the case.
Otherwise, both landlord and tenant will be required to attend the hearing. It is important that all evidence be brought and the judge will make an order based on the facts presented.
Step 5 – 48 hours
If the landlord wins the case the tenant will be allowed forty-eight (48) hours to remove themselves from the property. If the tenant doesn’t leave the landlord will be allowed to file a Writ of Restitution (JDF 103) with the court. If the Writ is approved a certified copy should be submitted to the local Sheriff’s office which will assist in removing the tenant.
The Sheriff will usually appear and stand idle while the landlord removes the locks and/or the tenant’s personal belongings from the property.