The Colorado eviction notice forms may be utilized in the event that a tenant fails to pay rent when it is due or otherwise fails to abide by the terms of the lease. This form is called the Demand for Compliance or Right to Possession Notice. There is also a Form to provide notice to the tenant that the landlord intends to terminate a lease in a Month-to-Month Tenancy. If the landlord has provided the required notice and the tenant fails to respond, the landlord may institute an action in the County Court in which the property is located. The landlord must file a Complaint (JDF-99) and a Summons (CRCCP 1A) with the court and pay a filing fee of $97.00. The tenant may answer the complaint using this form
Types of Notices
3-Day Notice to Quit (Non-Payment & Non-Compliance) – This form is used to provide notice to a tenant who is in violation of a lease. The tenant will have three days to either comply with the terms of the lease as set forth in the notice or leave the premises.
Month to Month Termination Letter – Must be terminated in accordance with Section 13-40-107. This form may be used when a landlord seeks to terminate a lease with the tenant. The landlord must comply with the notice requirement based on the amount of time the tenant has occupied the property.
When is Rent Late?
Rent is due on the date specified in the lease agreement according to C.R.S. 13-40-104 subsection (1)(d). A landlord may issue a notice requiring a three day opportunity to comply or quit the premises.
How to Evict (Process)
The eviction process involves first notifying the tenant of the intent of the landlord and if the tenant does not comply, filing an action with the county court where the property in question is located.
Step 1 – Provide requisite notice to the tenant. If the tenant is in violation of the lease, landlord may provide the 3-Day Notice to Quit (Non-Payment & Non-Compliance). If the landlord seeks to terminate the lease, the landlord may provide a Month to Month Termination Letter in compliance with Section 13-40-107.
Step 2 – If the tenant fails to comply with the notice, landlord may file an action with the county court by filing the following documents and paying the requisite $97 fee:
Step 3 – The court will set a court date and then you must serve the filed forms on the tenant, also known as the defendant, using a civil process server. The service must be completed at least 7 days before the court date. The process server will provide an affidavit of service for the landlord to file with the court.
Step 4- The Defendant may Answer the Complaint and the court will decide at the hearing who is entitled to possession and if there are any damages. If the Defendant (tenant) does not respond, the landlord may file the following documents in order to obtain a judgment:
Step 5 – If the tenant has not responded within 48 hours after judgment, landlord may file a Writ of Restitution to force the tenant to vacate.