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 Termination Letter to provide notice to the tenant that the landlord intends to terminate a Month-to-Month Lease Agreement. 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. The tenant may reply to the complaint using the Answer 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.
How To Write (Notice To Quit)
1 – Gather Your Paperwork
Consult your records and keep a copy of the Lease the Tenant violated handy. You will need to report information directly onto this form as it appears on the Lease. When you are ready, you may download the Colorado Notice to Quit form by selecting the button labeled “PDF,” “ODT,” or “Word.” For our purposes, select PDF.
2 – Naming the Recipient
On the first line, following the word “To,” document the Full Legal Name of the individual this Notice is aimed at. If this is a Tenant or Subtenant on the Lease, make sure the Name reported here is identical to the one on the Lease.
The first statement, beginning with the words “The premises herein…” requires a definition to the property in question to be provided. To begin, enter the City the Rental Property is located in using the first blank space. Next, report the County where the Rental Property is located using the second blank space. On the third blank space, enter the Zip Code of the Rental Property. Then, locate the words “number and street as” and report the Building Number and Street where the Rental Property is located. There will be one additional blank space (following the word “Apt”) to report any Unit or Apartment Number used to identity the Rental Property. Make sure the information entered here is identical to the components of the Rental Property’s Address reported on the Lease.
The second statement, starting with the phrase “In accordance,” will further define the Lease that has been violated by Naming the Signature Date of the Lease. On the blank space preceding the word “day,” report the Calendar Date of the Month the Lease was Signed. Then on the next blank space enter the Month the Lease was Signed. Finally, following “20” enter the Year the Lease was Signed.
3 – Providing Notice of Violation and Penalty
If this Notice is to a Tenant who will have three days to Pay an Overdue Rent Amount or surrender the Property, then mark the first check box. This statement will require you to Name an Agent authorized to accept the Past Due Payment, the Total Rent Due, and the time period the Past Due Rent applies to.
If this Notice is to a Tenant who will have seven days to comply with the Terms of the Lease, then mark the second check box and report the violation to be remedied (i.e. unauthorized guest or appliance) on the blank line.
4 – Monthly Tenancies
If Notice is to inform the recipient that a Month-to-Month Lease will end as of a certain day, one of the options in this section must be checked. If the Landlord must end the Month-to-Month Lease Agreement, the first check box must be marked. Then, the last Calendar Date of the Lease must be reported on the spaces provided.
If the Tenant is terminating the Monthly Lease, then select the second check box and Name the last Calendar Date of the Lease. Keep in mind the last day of the Month-to-Month Lease must be thirty days after the receipt of this Notice by the recipient.
5 – Further Notification
If the Landlord or an Authorized Agent of the Landlord is providing the Notice to a Tenant, then he or she must provide a Signature on the blank line labeled “Landlord/Agent Signature.”
6 – Delivery of Notice
The last section of this form is strictly for the use of the individual charged with delivering this Notice to its recipient. He or she must report the Calendar Date this Notice was delivered and the Name of the individual it was delivered to using the spaces provided in the statement. Then, one of the check boxes below this must be marked to indicate how this Notice was delivered. That is, if delivery was made to the recipient personally, the first check box will be marked. If the delivery was made to a member of the household or to a fellow employee (where the recipient is employed), the second check box must be marked. If this document had to be sent via First Class Mail to the recipient, the third check box will be selected. The individual who has effected Delivery of this document must provide a Signature on the blank line labeled “Signature.”