🏔️ Colorado Eviction Notice Laws
Complete Landlord Guide to Colorado’s Eviction Requirements
📋 Updated for • HB21-1121 CompliantLast reviewed: January
House Bill 21-1121 transformed Colorado eviction law by extending notice periods from 3 days to 10 days for most evictions and adding new tenant protections. Landlords must follow precise procedures under the Forcible Entry and Detainer (FED) statutes or risk having evictions dismissed. This guide covers current requirements and provides the forms you need to comply with Colorado law.
📑 Table of Contents
📝 Colorado Eviction Notice Types
Colorado law requires landlords to provide specific notice types depending on the reason for eviction and the type of tenancy. The Colorado Revised Statutes, particularly C.R.S. § 13-40-104 through 13-40-123, govern the Forcible Entry and Detainer (FED) process. Using the wrong notice type or failing to provide the correct notice period is one of the most common reasons evictions get dismissed in Colorado courts. Understanding these notice requirements is essential for any Colorado landlord managing rental properties in .
Colorado’s eviction notice requirements changed significantly with the passage of House Bill 21-1121 in 2021, which extended most notice periods and added new tenant protections. All landlords should ensure they are using notices that comply with current law, not outdated forms that reflect the old 3-day notice periods.
10-Day Notice to Pay Rent or Quit
C.R.S. § 13-40-104(1)(d)
The most common eviction notice in Colorado, used when a tenant fails to pay rent. Prior to October 2021, Colorado only required a 3-day notice, but HB21-1121 extended this to 10 calendar days to give tenants more time to cure the default. This notice gives tenants exactly 10 calendar days from the date of service to pay the full amount owed or vacate the property.
Colorado courts are strict about the requirements for demand for compliance or possession notices. Even minor errors can result in dismissal of your Forcible Entry and Detainer case, forcing you to start the entire process over with a new notice and new waiting period.
Critical Requirements for :
- ✅ Must state the exact amount of rent owed with specificity
- ✅ Must identify the rental property address clearly
- ✅ Must state the time period for which rent is due
- ✅ Must give tenant the full 10 calendar days to pay or vacate
- ✅ Must be properly served using an approved method
- ✅ Must include required statutory language about tenant rights
- ❌ Cannot demand rent for future months not yet due
- ❌ Cannot include improper fees or charges in the rent demand
Many landlords and even some property management companies are still using outdated 3-day notice forms that don’t comply with current Colorado law. Using a 3-day notice instead of the required 10-day notice will result in dismissal of your eviction case. Always verify your forms reflect HB21-1121 requirements before serving any notice.
The 10-day notice must also include information about the tenant’s right to cure the default by paying the rent owed. If the tenant pays all rent due within the 10-day period, the landlord cannot proceed with eviction based on that notice. However, if the tenant has received three or more demand for compliance notices within a 12-month period, the landlord may have grounds for a different type of notice.
5-Day Notice to Pay Rent or Quit (Employer Housing)
C.R.S. § 13-40-104(1)(d.5)
Colorado provides a shorter notice period for certain employer-provided housing situations. When housing is provided as part of an employment relationship and the employment has terminated, landlords may use a 5-day notice instead of the standard 10-day notice. This exception recognizes that employer housing situations have different dynamics than standard residential tenancies.
Requirements for 5-Day Notice:
- ✅ Housing must be provided as part of employment compensation
- ✅ Employment relationship must have terminated
- ✅ Must state the specific amount of rent owed
- ✅ Must identify the property and tenant
- ✅ Must be properly served
The 5-day notice is narrowly applicable. If the tenant pays rent independently (even if employed by the landlord), the standard 10-day notice applies. When in doubt, use the 10-day notice to avoid having your case dismissed for using an improper notice period.
10-Day Notice to Cure or Quit (Lease Violation)
C.R.S. § 13-40-104(1)(e)
Used when a tenant violates a term of the lease that can be corrected (cured). This notice gives the tenant an opportunity to fix the violation before facing eviction. Common curable violations include unauthorized pets, unauthorized occupants, failure to maintain renter’s insurance as required by the lease, improper use of common areas, excessive noise after warnings, or parking violations.
Prior to HB21-1121, Colorado only required a 3-day cure notice. The extended 10-day period gives tenants more meaningful opportunity to address lease violations before facing court proceedings.
Requirements for Cure or Quit Notice:
- ✅ Must specifically describe the lease violation in detail
- ✅ Must cite the specific lease provision being violated
- ✅ Must explain exactly how the tenant can cure the violation
- ✅ Must give tenant the full 10 calendar days to cure
- ✅ Must identify the property address and tenant name
- ✅ Must be signed and dated by landlord or authorized agent
Before serving a cure or quit notice, document the violation thoroughly with dated photographs, written complaints from neighbors, video evidence, or other documentation. This evidence becomes critical if the case goes to court. Consider using a move-in condition report to establish baseline property condition that can be compared against current conditions when violations involve property damage or alterations.
3-Day Unconditional Quit Notice (Substantial Violation)
C.R.S. § 13-40-104(1)(e.5)
Colorado retains a short 3-day notice period for serious “substantial violations” that cannot be cured and that pose immediate risk to health, safety, or property. This notice does not give the tenant an opportunity to cure—it simply demands that the tenant vacate within 3 calendar days. Courts closely scrutinize the use of 3-day unconditional notices, and landlords must demonstrate the violation meets the statutory threshold.
Colorado law limits 3-day unconditional notices to these specific situations:
- 🔴 Illegal drug activity: Manufacturing, selling, or distributing controlled substances on the premises
- 🔴 Felony activity: Commission of a felony on or near the rental property
- 🔴 Physical violence: Assault or other violent acts against other tenants, landlord, or their agents
- 🔴 Substantial property damage: Intentional destruction that significantly impairs the property
- 🔴 Repeated violations: Third or subsequent breach of the same lease term within 12 months after cure
- 🔴 Conduct endangering safety: Actions that create imminent danger to persons or property
Courts require substantial evidence for unconditional quit notices. A single noise complaint is insufficient. You’ll need police reports, multiple documented incidents, photographs of damage, video evidence, testimony from multiple witnesses, or other concrete evidence that clearly establishes a “substantial violation” as defined by statute. If you cannot meet this burden, use the 10-day cure notice instead to avoid dismissal.
21-Day Notice to Terminate Month-to-Month Tenancy
C.R.S. § 13-40-107(1)(c)
Used to terminate a month-to-month tenancy when the landlord does not wish to continue the rental relationship. Unlike notices for cause (non-payment or lease violations), this notice does not require the landlord to state a specific reason for termination. However, the termination cannot be retaliatory or discriminatory.
The 21-day notice period was established by HB21-1121, extending the previous requirement. The notice must be served at least 21 days before the end of the next rental period. For example, if rent is due on the 1st and you serve notice on January 5th, the earliest the tenancy could terminate is March 1st (because January 31st is less than 21 days away).
Requirements for 21-Day Termination Notice:
- ✅ Must clearly state the termination date (at least 21 days out)
- ✅ Termination date should align with end of rental period
- ✅ Must identify the property and all tenants
- ✅ Must be properly served on all adult tenants
- ❌ Cannot be retaliatory (within 12 months of protected tenant activity)
- ❌ Cannot be discriminatory based on protected class status
Unlike California or Oregon, Colorado state law preempts local rent control ordinances (C.R.S. § 38-12-301). This means landlords generally have more flexibility in terminating month-to-month tenancies without needing to establish “just cause.” However, federal and state fair housing laws still apply, and retaliatory evictions remain prohibited.
Notice to Quit at End of Lease Term
C.R.S. § 13-40-107
When a fixed-term lease is expiring and the landlord does not wish to renew, proper notice must be given according to the terms of the lease and Colorado law. If the lease specifies notice requirements, those terms generally control. If the lease is silent on notice requirements, Colorado default rules apply.
Default Notice Requirements by Tenancy Type:
- 📅 Year-to-year tenancy: 91 days’ notice before end of year
- 📅 Month-to-month tenancy: 21 days’ notice
- 📅 Week-to-week tenancy: 21 days’ notice
- 📅 Fixed-term lease: Per lease terms, or tenancy ends automatically
If a tenant remains in possession after the lease term expires without permission (holdover tenant), the landlord may proceed with eviction. However, if the landlord accepts rent after the lease expires, this typically creates a new month-to-month tenancy, and proper 21-day notice would then be required.
🏛️ HB21-1121: How Colorado Law Changed in 2021
House Bill 21-1121, signed into law in June 2021 and effective October 1, 2021, represented the most significant change to Colorado eviction law in decades. The legislation extended notice periods, added new tenant protections, and modified the Forcible Entry and Detainer process. Understanding these changes is essential for any Colorado landlord operating in .
Key Changes Made by HB21-1121
| Requirement | Before HB21-1121 | After HB21-1121 |
|---|---|---|
| 💵 Non-payment of rent notice | 3 days | 10 days |
| 📝 Lease violation (curable) notice | 3 days | 10 days |
| 📅 Month-to-month termination | 7 days | 21 days |
| 🚫 Substantial violation notice | 3 days | 3 days (unchanged) |
| ⏰ Tenant response time to summons | 5 days | 7 days |
| 📋 Mandatory mediation information | Not required | Required in summons |
Additional Tenant Protections Added
Beyond extending notice periods, HB21-1121 added several other tenant protections that landlords must understand:
- Right to Cure: Tenants must be given a meaningful opportunity to cure defaults before eviction can proceed for most notice types.
- Mediation Information: The FED summons must include information about mediation resources and the tenant’s right to request mediation.
- Late Fees: While not eliminating late fees, the legislation emphasized that late fees must be “reasonable” and specified in the lease.
- Retaliation Protections: Enhanced protections against retaliatory evictions, particularly related to tenants exercising legal rights or reporting habitability issues.
- Warranty of Habitability: Strengthened the implied warranty of habitability defense in eviction proceedings.
Review all your eviction notice templates to ensure they reflect current law. Using outdated 3-day notice forms is one of the most common errors Colorado landlords make, resulting in dismissed cases and wasted time. Consider sending a late rent reminder notice before serving a formal 10-day notice—this often resolves payment issues without the need for eviction proceedings.
📬 How to Properly Serve Eviction Notices in Colorado
Proper service of eviction notices is critical in Colorado. Improper service is one of the most common reasons eviction cases get dismissed, potentially adding weeks to the process and requiring landlords to start over. Colorado law recognizes several methods of service, each with specific requirements that must be followed exactly.
Colorado’s Approved Service Methods
Personal Service (Preferred Method)
Hand the notice directly to the tenant. This is the most reliable method and provides the strongest evidence of service. The person serving the notice should be someone other than the landlord if possible, as they may need to testify in court. Document the date, time, and specific location of service, as well as a description of the person served.
Service on Co-Resident or Agent
If the tenant cannot be found after reasonable attempts at personal service, leave the notice with a person of suitable age and discretion (generally 18 or older) who resides at the property or with the tenant’s agent. Document who received the notice and their relationship to the tenant.
Posting and Mailing
If no one is available to receive the notice, you may post the notice in a conspicuous place on the property (typically the front door) AND mail a copy to the tenant’s last known address by first-class mail. Both steps are required. Document your prior attempts at personal service and the date/time of posting and mailing.
Always prepare a written proof of service document signed by the person who served the notice. This document should include the date, time, method of service, address, and description of the person served (if applicable). The proof of service will be required when you file your FED complaint. Without proper documentation of service, your case may be dismissed.
Counting Days on Colorado Notices
- 📅 Day 1 starts the day AFTER service is complete (not the day of service)
- 📅 Include weekends and holidays in the count
- 📅 If the last day falls on a weekend or legal holiday, extend to the next business day
- 📅 For posting and mailing, the notice period typically begins when the notice is posted
Example: If you personally serve a 10-day notice on Monday, January 6th, the notice period runs from Tuesday, January 7th through Thursday, January 16th (days 1-10). If the tenant hasn’t paid or vacated by the end of January 16th, you can file your FED complaint on Friday, January 17th.
⚖️ The Colorado Forcible Entry and Detainer (FED) Process
Colorado’s eviction lawsuit is called a Forcible Entry and Detainer (FED) action, governed by C.R.S. § 13-40-101 through 13-40-123. FED cases are heard in County Court and are designed to move faster than regular civil cases. However, landlords must follow all procedural requirements precisely. Here’s a step-by-step guide to the FED process in .
Verify Notice Period Has Fully Expired
Count days carefully using the rules above. The notice period must be completely expired before filing. Filing even one day early will result in dismissal. Keep your original notice and proof of service ready for filing.
Prepare and File FED Complaint
File your complaint in the County Court for the county where the property is located. Use the appropriate Colorado Judicial Branch forms (JDF 99 series). Filing fees are approximately $85-$135 depending on the county and whether you’re claiming damages. Include copies of the notice, proof of service, and lease agreement with your filing.
Obtain Summons and Serve Tenant
The court will issue a summons that must be served on the tenant along with a copy of the complaint. Service must be completed at least 7 days before the court date. The summons must include information about mediation resources as required by HB21-1121. Service can be done by the sheriff, a private process server, or any adult who is not a party to the case.
Wait for Tenant Response
Under HB21-1121, tenants now have 7 days (increased from 5) to file an answer to the complaint. If the tenant fails to answer, you may request a default judgment. If the tenant files an answer, the case proceeds to trial. Tenants may also raise affirmative defenses such as habitability issues, retaliation, or improper notice.
Attend Court Hearing
Present your evidence to the court. Bring all documentation: original lease agreement, all notices served, proofs of service, rent ledger showing payment history, photographs, communications with tenant, and any witnesses. Colorado FED hearings are typically brief, but you must be prepared to prove your case.
Obtain Judgment and Writ of Restitution
If you prevail, the court will enter a judgment for possession and may award unpaid rent and damages. Request the Writ of Restitution from the court clerk. The writ is the document that authorizes the sheriff to physically remove the tenant if they don’t leave voluntarily.
Sheriff Executes Writ of Restitution
Deliver the writ to the sheriff’s office along with the required fee. The sheriff will post a notice giving the tenant 48 hours to vacate. If the tenant remains after 48 hours, the sheriff returns to physically remove the tenant and their belongings. Only the sheriff can forcibly remove a tenant—never attempt self-help eviction.
⏱️ Colorado Eviction Timeline: Realistic Expectations for
Colorado’s eviction timeline has lengthened since HB21-1121 extended notice periods. Understanding realistic timelines helps landlords plan accordingly and make informed decisions. These estimates assume a contested eviction where the tenant files an answer.
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 3-21 days | Depends on notice type (10 days for non-payment) |
| 📋 File FED complaint | 1-2 days | After notice period fully expires |
| 📬 Serve summons and complaint | 1-5 days | Must be at least 7 days before hearing |
| ⏳ Tenant response period | 7 days | Extended from 5 days by HB21-1121 |
| ⚖️ Court hearing | 7-21 days | Depends on court calendar |
| 📜 Judgment and writ | 1-3 days | If landlord prevails |
| 🚔 Sheriff executes writ | 3-10 days | 48-hour notice required after posting |
Total Realistic Timeline: Uncontested evictions (tenant doesn’t respond) can complete in 25-35 days from notice service. Contested cases typically take 35-60 days. Cases with appeals or other complications can extend 60-90+ days. Denver and other major metro areas may experience longer delays due to higher caseloads.
The fastest evictions occur when landlords: (1) use properly drafted notices that comply with HB21-1121, (2) serve notices correctly with thorough documentation, (3) file the FED complaint immediately when the notice period expires, (4) have all documentation organized and ready for court, and (5) consider consulting with an attorney familiar with Colorado FED procedures.
🛡️ Common Tenant Defenses to Colorado Evictions
Colorado provides tenants with several potential defenses to eviction. Understanding these defenses helps landlords prepare stronger cases and avoid common pitfalls. HB21-1121 strengthened some tenant protections, making it more important than ever for landlords to follow proper procedures.
Defective Notice
The most common tenant defense. Any error in the notice—wrong notice period (using old 3-day instead of 10-day), missing required information, improper service method—can result in dismissal. Colorado courts strictly enforce notice requirements. Using outdated forms that don’t comply with HB21-1121 is a frequent error.
Warranty of Habitability
Under Colorado’s Warranty of Habitability Act (C.R.S. § 38-12-501 et seq.), tenants can argue rent shouldn’t be paid because the property has serious habitability issues. Conditions that may trigger this defense include lack of heat, plumbing problems, pest infestations, mold, roof leaks, broken locks, or other health and safety hazards. Landlords should document all repairs and address habitability issues promptly.
Retaliation
Colorado law prohibits retaliatory evictions. Tenants can assert retaliation if eviction follows within 12 months of the tenant: complaining to government agencies about habitability, exercising legal rights, organizing with other tenants, or reporting code violations. The burden shifts to the landlord to prove a legitimate, non-retaliatory reason.
Discrimination
Federal Fair Housing Act and Colorado Anti-Discrimination Act (C.R.S. § 24-34-501 et seq.) prohibit evictions based on protected characteristics: race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, marital status, familial status, disability, and source of income (in some jurisdictions). Discriminatory evictions can result in significant liability.
Payment or Waiver
If a tenant paid all rent due during the notice period, the eviction cannot proceed on that notice. Similarly, if the landlord accepts rent after serving a notice or after filing the FED complaint, the tenant may argue the landlord waived the right to proceed. Be extremely careful about accepting any payment after serving notice.
🏠 Special Rules for Mobile Home Park Evictions
Colorado provides enhanced protections for mobile home park residents under the Mobile Home Park Act (C.R.S. § 38-12-200.1 et seq.). These rules recognize that mobile home owners have significant investments in their homes even when they don’t own the land, and eviction means potentially losing their home entirely if it cannot be moved.
Key Mobile Home Park Protections
- Longer Notice Periods: Mobile home park landlords must generally provide longer notice periods than standard residential evictions.
- Limited Grounds for Eviction: Evictions must be for specified reasons including non-payment, lease violations, or park rule violations.
- Right to Cure: Mobile home owners must be given opportunity to cure most violations before eviction can proceed.
- Right to Sell: Evicted mobile home owners generally have the right to sell their home in place to a buyer who will assume the lot rental.
- Relocation Costs: In some circumstances, landlords may be required to pay relocation assistance.
- Dispute Resolution: Colorado has specific dispute resolution procedures for mobile home park issues.
Due to the complexity of mobile home park regulations and the significant protections afforded to residents, landlords should consult with an attorney experienced in mobile home park law before initiating any eviction. The consequences of procedural errors are significant, and the rules differ substantially from standard residential evictions.
💰 Colorado Security Deposit Rules
Security deposit handling is closely connected to the eviction process in Colorado. Disputes over security deposits can complicate evictions, and improper handling can expose landlords to liability. Understanding Colorado’s security deposit rules is essential for proper property management.
Key Security Deposit Requirements
- Maximum Amount: Colorado does not set a statutory maximum for security deposits, but some local jurisdictions may have limits. Typical deposits are 1-2 months’ rent.
- Return Timeline: Security deposits must be returned within 30 days after the tenant vacates (or 60 days if specified in the lease), unless the landlord provides an itemized statement of deductions.
- Itemized Statement: If any portion of the deposit is retained, landlords must provide a written itemized statement of deductions within the return deadline.
- Allowable Deductions: Landlords may deduct for unpaid rent, damages beyond normal wear and tear, and other charges specified in the lease.
- Penalty for Non-Compliance: Landlords who wrongfully withhold deposits may be liable for treble (3x) damages plus attorney fees.
🔍 Eviction Prevention: Screen Tenants Before Problems Start
The best eviction is one you never have to file. Given Colorado’s extended notice periods under HB21-1121, the costs of eviction, and the time involved, preventing problem tenancies is far more effective than trying to terminate them. Comprehensive tenant screening at the application stage is your most powerful tool for avoiding costly evictions.
Essential Screening Steps
- ✅ Credit Check: Review credit history for patterns of late payments, collections, and financial responsibility
- ✅ Criminal Background Check: Screen for relevant criminal history while complying with fair housing requirements
- ✅ Eviction History: Check for prior FED filings and judgments in Colorado and other states
- ✅ Income Verification: Confirm income is at least 2.5-3x monthly rent
- ✅ Rental History: Contact previous landlords to verify payment history and lease compliance
- ✅ Employment Verification: Confirm current employment status and stability
Rental Application
Comprehensive applicant form
Employment Verification
Confirm income and job stability
Landlord Reference
Get previous landlord feedback
Colorado law prohibits discrimination based on source of income in some jurisdictions, meaning you generally cannot reject applicants solely because they receive housing vouchers or other rental assistance. Apply your screening criteria consistently to all applicants regardless of how they pay rent. Document your screening criteria and apply them uniformly to protect against discrimination claims.
❌ Common Colorado Eviction Mistakes That Get Cases Dismissed
Colorado judges dismiss eviction cases regularly due to landlord procedural errors. Learning from these common mistakes can save you weeks of delays, hundreds of dollars in filing fees, and significant lost rent. Here are the errors we see most frequently in .
❌ Mistake #1: Using outdated 3-day notice forms
This is the most common error since HB21-1121 took effect. Many landlords (and even some property management companies and attorneys) continue to use old forms that require only 3 days’ notice instead of the required 10 days. Always verify your forms reflect current law before serving any notice.
❌ Mistake #2: Filing before the notice period expires
Filing even one day before the notice period fully expires is grounds for dismissal. Count days carefully, starting with day one being the day AFTER service. When in doubt, wait an extra day.
❌ Mistake #3: Improper or undocumented service
Failing to properly serve the notice or document service adequately will sink your case. Always prepare written proof of service, keep copies of everything, and consider using a process server for important notices.
❌ Mistake #4: Accepting rent after serving notice
Accepting any payment after serving a notice may waive your right to proceed with eviction. If you want to accept partial payment while preserving eviction rights, consult an attorney first and get a written agreement.
❌ Mistake #5: Self-help eviction tactics
Changing locks, removing belongings, shutting off utilities, or intimidating tenants is illegal in Colorado. These actions expose landlords to significant liability and potential criminal charges. Always use the FED court process.
❌ Mistake #6: Using the wrong notice type
Using a 3-day unconditional notice when a 10-day cure notice is required, or vice versa, will result in dismissal. Understand the specific requirements for each notice type and choose the appropriate one for your situation.
❓ Colorado Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
The most cost-effective eviction is one you never have to file. Comprehensive tenant screening helps you find reliable tenants and avoid the costly, time-consuming Colorado eviction process.
📚 Related Colorado Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Colorado eviction laws and is not legal advice. Colorado landlord-tenant law has changed significantly in recent years, particularly with HB21-1121 in 2021. Laws continue to evolve—this guide reflects requirements as of and may not include the most recent legislative changes. Always consult with a qualified Colorado attorney before proceeding with an eviction. For the most current information, refer to the Colorado Revised Statutes, particularly C.R.S. Title 13, Article 40 (Forcible Entry and Detainer) and C.R.S. Title 38, Article 12 (Landlord-Tenant).
