Colorado Eviction Notice Laws: The Landlord and Tenant Guide
10-Day Demand to Pay or Cure · 5-Day Exempt-Landlord Demand · 3-Day Substantial Violation · 21/28/91-Day Terminations · For-Cause and Mediation Rules
In Colorado, the eviction notice is step one, and a defective notice sinks the whole case. Before a landlord can file in county court, the law requires the right written demand or notice, served the right way, for the right number of days. Choose the wrong notice, demand the wrong amount, miscount the days, or serve it improperly, and a tenant can have the entire forcible entry and detainer case dismissed and force the landlord to start the clock over. This guide walks the whole framework end to end — every notice type, how many days each needs, when the for-cause rule under House Bill 24-1098 applies, how mandatory mediation under House Bill 23-1120 works, how to serve a notice, what makes a notice valid, and what happens after — in plain English, with every rule tied to a concrete action and a Colorado statute.
The stakes are practical and one-sided. Colorado overhauled its eviction rules between 2019 and 2024, and the single most important change is easy to miss: House Bill 19-1118 raised the old three-day pay-or-quit notice to a 10-day demand for most rentals. A landlord working from an old form, or a guide that still says “three days,” will serve too short a notice and lose. Because the demand periods, the for-cause requirement, and the mediation rules have all changed in recent years, treat every figure in this guide as a starting point and verify the current statute before you serve or file anything.
Below, an overview video summarizes the Colorado framework; the sections that follow break down each piece — the notice types and their day-counts, the for-cause requirement and non-renewal, mandatory mediation, service methods, what makes a notice valid, the forcible entry and detainer lawsuit, retaliation and tenant defenses, local context, a landlord playbook, and defensible-versus-fatal scenarios — plus a Colorado-specific FAQ.
Colorado Eviction Notices at a Glance
Nonpayment
10-day demand (5-day for exempt small landlord)
Curable Breach
10-day demand to comply or quit
Substantial Violation
3-day unconditional quit
No-Fault / Periodic
21, 28 or 91 days by tenancy length
The Notice Is Step One — and It Can Sink the Case
Every Colorado eviction begins with a written notice or demand, and that notice is the single most common point of failure. Colorado’s forcible entry and detainer statute, Colorado Revised Statutes section 13-40-101 and following, gives the landlord a fast, summary remedy — but only if the landlord earns it by following the notice rules exactly. A notice that names the wrong amount, gives the wrong number of days, is served the wrong way, or is filed on too early gives the tenant a clean defense: the county court can dismiss the case, and the landlord has to start over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the complaint, the return date, the hearing, the writ — is largely mechanical once the notice is right. Get the notice wrong and none of it matters. Throughout this guide, the theme repeats: the exactness of the notice decides the case long before a judge ever reads the complaint.
Colorado is now a 10-day state, not a 3-day state
The most common and most costly error in Colorado is serving a three-day notice for nonpayment of rent. That was the rule before 2019, but House Bill 19-1118 changed it: the demand for nonpayment of rent, and for a first or subsequent non-substantial lease violation, is now 10 days under Colorado Revised Statutes section 13-40-104. Serve three days, file on the fourth, and the case is defective. The only surviving three-day notice is the unconditional notice for a substantial violation under section 13-40-107.5, and the only shorter demand is the five-day version available to a qualifying small landlord who put the exemption language in the lease.
Takeaway
In Colorado the notice is step one and the whole case rides on it. The statutes are enforced closely, so the right notice, the right amount, the right days, and provable service matter more than anything that happens in court. A defective notice is a defense that forces the landlord to start over — and in Colorado the most frequent defect is using the old three-day period instead of the current 10-day demand.
The Colorado Eviction Notice Types
Colorado recognizes a handful of distinct notices, and using the wrong one is itself a fatal defect. Which notice applies depends entirely on why the landlord wants the tenant out. The demand for nonpayment and curable breaches comes from Colorado Revised Statutes section 13-40-104; the unconditional substantial-violation notice comes from section 13-40-107.5; the no-fault termination of a periodic tenancy comes from section 13-40-107.
10-Day Demand for Compliance or Possession (Nonpayment)
When a tenant is behind on rent, the landlord serves a 10-day demand for payment of rent or possession under Colorado Revised Statutes section 13-40-104(1)(e). It gives the tenant a choice: pay the past-due rent within the 10 days and stay, or leave. This is the rule that changed in 2019 — House Bill 19-1118 raised the old three-day demand to 10 days for most residential rentals. The demand must state the amount of rent due and identify the property, and if the tenant pays in full within the period, the tenancy continues and the landlord cannot proceed.
5-Day Demand for an Exempt Small Landlord
Colorado kept a narrow shorter period for very small landlords. For an exempt residential agreement — the lease of a single-family home by a landlord who owns five or fewer single-family rental homes, where the lease itself gives the tenant written notice that the 10-day requirement does not apply — the demand may be as short as five days under section 13-40-104. A townhome or condominium is generally not a detached single-family home for this purpose, and without the required exemption language in the lease, the landlord must use the full 10-day demand. When in doubt, serve 10 days.
10-Day Demand to Comply or Quit (Curable Lease Violation)
When a tenant breaches a lease term that can be fixed — an unauthorized pet, an unapproved occupant, a parking or noise violation the tenant can stop — the landlord serves a 10-day demand for compliance or possession under Colorado Revised Statutes section 13-40-104(1)(e.5) for a first or subsequent violation of a condition or covenant other than a substantial violation. It identifies the specific violation and gives the tenant 10 days to cure it or move out. If the tenant fixes the problem within the period, the tenancy continues. The demand must describe the breach specifically enough that the tenant knows exactly what to correct.
3-Day Unconditional Notice for a Substantial Violation
For serious, incurable conduct, Colorado allows a 3-day notice to quit with no chance to cure under Colorado Revised Statutes section 13-40-107.5. A substantial violation is conduct on or near the premises that endangers people, willfully and substantially endangers the property of the landlord or others, constitutes a violent or drug-related felony under Colorado law, or is a criminal act that has been declared a public nuisance. Because the conduct is treated as too serious to fix, the tenant’s only option is to leave. The statute also protects a tenant who did not know of and could not reasonably have prevented a guest’s violation and reported it, and it shields certain victims of domestic violence — so the grounds must genuinely fit the statute before a landlord reaches for this notice.
No-Fault Termination of a Periodic Tenancy
When the landlord simply wants to end a periodic tenancy and the tenant has done nothing wrong, the vehicle is a notice to terminate under Colorado Revised Statutes section 13-40-107, and the length depends on how long the tenancy has run. A month-to-month tenancy (one month or longer but less than six months) requires 21 days; a tenancy of six months to a year requires 28 days; a tenancy of a year or more requires 91 days; and very short tenancies of a week or less require three days. Important caveat: for a tenant covered by House Bill 24-1098, a bare no-fault notice is not enough on its own — the landlord must also have a recognized cause and, for a non-renewal, give a 90-day notice, as discussed below.
A longer notice for subsidized tenancies
Some federally subsidized tenancies, such as Section 8 Housing Choice Voucher households or properties that were covered by the federal CARES Act, can require a longer notice — often 30 days — before a no-fault termination or a nonpayment filing, and additional program rules apply. If the tenancy involves a housing voucher or another subsidy, confirm the specific program’s notice requirement, because it can be longer than the state minimum.
Takeaway
The notice type follows the reason: 10-day demand for nonpayment or a curable breach (five days only for a qualifying exempt small landlord), 3-day unconditional notice for a substantial violation under section 13-40-107.5, and a 21, 28, or 91-day notice to end a periodic tenancy under section 13-40-107. Using the old three-day pay period, or the wrong notice for the situation, is itself a fatal defect.
How Many Days Each Notice Requires
The day-count is where landlords most often trip — especially since the shift from three days to 10 days. Use this table as the quick reference, then read the notes below it, and confirm the current figures against the statute before you serve.
| Notice | Days required | Statute and grounds |
|---|---|---|
| Pay rent or possession | 10 days | Colorado Revised Statutes section 13-40-104(1)(e) — nonpayment of rent |
| Exempt small landlord | 5 days — single-family home, owner of 5 or fewer, exemption language in lease | Section 13-40-104 — exempt residential agreement |
| Comply or quit | 10 days | Section 13-40-104(1)(e.5) — first or subsequent curable violation |
| Substantial violation | 3 days, unconditional | Section 13-40-107.5 — endangerment, violent or drug felony, public nuisance |
| Periodic, month-to-month | 21 days | Section 13-40-107 — tenancy of 1 month to under 6 months |
| Periodic, 6 months to a year | 28 days | Section 13-40-107 — termination of periodic tenancy |
| Periodic, a year or more | 91 days | Section 13-40-107 — termination of periodic tenancy |
| For-cause non-renewal | 90 days (45 if the landlord is active-duty military) | House Bill 24-1098 — covered tenants |
The 2019 change trips up the most landlords
Before House Bill 19-1118, Colorado used a three-day pay-or-quit demand, and that number is still baked into old forms, template letters, and out-of-date articles. Since 2019, the demand for nonpayment of rent and for a non-substantial lease violation has been 10 days under section 13-40-104. A landlord who serves the old three-day demand and files on day four hands the tenant a complete defense. If you are unsure which period applies, serve the longer one — over-noticing never voids a case, under-noticing always can.
Confirm the periodic-tenancy figures
The 21, 28, and 91-day periods under section 13-40-107 were reworked in recent sessions, and the exact tiers turn on the precise length of the tenancy. A month-to-month tenancy uses 21 days, but a tenancy that has run a full year or more requires 91 days — a large jump that surprises landlords who assume a single “30-day notice” ends any periodic tenancy. Match the notice to the tenancy length, and remember the House Bill 24-1098 for-cause rule may require a cause and a 90-day non-renewal on top of the section 13-40-107 period.
Takeaway
Nonpayment and curable breaches are a 10-day demand, not three days — the top Colorado defect is using the pre-2019 period. A substantial violation is a 3-day unconditional notice. Ending a periodic tenancy is 21, 28, or 91 days by length, and a covered no-fault non-renewal needs a cause plus a 90-day notice. Never file before the last day of the period has actually passed.
For Cause: House Bill 24-1098
For most Colorado tenants, a landlord can no longer simply decline to renew or end a tenancy at will. House Bill 24-1098, effective April 19, 2024, imposes a for-cause requirement: a landlord generally must have a statutory cause to remove a residential tenant, or to refuse to renew a tenancy, once the tenant is covered. The law does not change a landlord’s ability to evict for nonpayment, a substantial violation, or a material or repeat lease violation — it targets the no-fault, “I just want them out” end of a lease.
At-Fault Versus No-Fault Cause
The for-cause statute sorts permitted grounds into two families. At-fault grounds cover the tenant’s own conduct — nonpayment of rent, a substantial violation, a material or repeat violation of the lease, or a nuisance or disturbance that interferes with quiet enjoyment. These run through the matching demand or notice described above. No-fault grounds cover reasons unrelated to the tenant’s behavior — the landlord or a close family member moving in, a sale, withdrawal of the unit from the rental market, a demolition, a conversion to non-residential or short-term-rental use, or a substantial repair or renovation — and these run through a non-renewal.
A No-Fault Non-Renewal Requires 90 Days’ Notice
When a landlord ends a covered tenancy for a no-fault reason by declining to renew, the landlord must give the tenant 90 days written notice before the tenancy expires (the period drops to 45 days only when the landlord is an active-duty service member or the spouse of one). The statute also lets a landlord decline to renew where the tenant has been late paying rent three or more times, among other enumerated grounds. Because these grounds and their notice periods are specific, a landlord relying on a no-fault non-renewal should confirm the exact ground and count the 90 days carefully.
The House Bill 24-1098 exemptions
The for-cause rule does not reach every unit. Exempt tenancies include short-term rentals, owner-occupied or owner-adjacent single-family homes, duplexes, and triplexes, mobile-home lots, employer-provided housing, tenancies of less than 12 months, and unauthorized occupants unknown to the landlord. A tenancy that has passed 12 months in a non-owner-occupied building is squarely covered. When in doubt, assume covered and verify the exemption before you rely on it.
Takeaway
Under House Bill 24-1098 (effective April 19, 2024), a landlord generally needs a statutory cause to remove or refuse to renew a covered tenant — either at-fault (nonpayment, a substantial or repeat violation) or a listed no-fault ground — and a no-fault non-renewal requires 90 days’ notice. Owner-occupied small buildings, short-term rentals, and tenancies under 12 months can be exempt, but only under the statute’s narrow terms.
Mandatory Mediation: House Bill 23-1120
Colorado added a second pre-filing hurdle for certain tenants. House Bill 23-1120 requires a landlord to participate in mandatory mediation before filing an eviction against a residential tenant who receives Supplemental Security Income, federal Social Security Disability Insurance, or cash assistance through the Colorado Works program — when the tenant has disclosed that fact in writing to the landlord. The goal is to give the most vulnerable tenants a structured chance to resolve the dispute before a court case begins.
The written demand itself must tell the tenant of this right, and a lease cannot waive mandatory mediation or shift its cost onto the tenant. Mediation is not required in three situations: the tenant did not disclose (or declined to disclose in writing) that they receive the assistance; the landlord is a qualifying 501(c)(3) nonprofit that already offers mediation; or the landlord owns five or fewer single-family rental homes and no more than five total rental units. Where mediation applies and a covered tenant is ultimately evicted, Colorado also lengthens the wait before the writ is executed — up to 30 days in some cases — so the timeline stretches well beyond an ordinary eviction.
Skipping required mediation can void the filing
If a covered tenant disclosed that they receive qualifying assistance and the landlord files without offering mediation, the tenant has a strong procedural defense. Before filing against any tenant, a careful landlord checks whether the mandatory-mediation language belonged in the demand and whether the tenant disclosed covered assistance — and documents the mediation offer or the reason it did not apply.
Takeaway
Under House Bill 23-1120, a landlord must offer mandatory mediation before filing against a tenant who receives SSI, SSDI, or Colorado Works cash assistance and has disclosed it in writing — and the demand must state that right. Small landlords with five or fewer single-family homes, qualifying nonprofits, and cases where the tenant did not disclose are exempt. Skipping required mediation can defeat the case.
How to Serve a Notice in Colorado
A notice that is written perfectly still fails if it is served the wrong way. Colorado allows the landlord to serve an eviction notice by personal delivery to the tenant, by leaving it with a family member of suitable age at the tenant’s residence, or by posting it in a conspicuous place on the premises when personal service cannot be made. There is no valid “just email it” or “just text it” option.
| Method | How it works | When to use it |
|---|---|---|
| Personal delivery | Hand the notice directly to the tenant | Always preferred; the cleanest proof |
| To a household member | Leave a copy with a family member of suitable age at the tenant’s residence | When the tenant cannot be reached personally but someone is home |
| Posting | Affix a copy in a conspicuous place on the premises, such as the main entry door — and, as best practice, mail a copy too | When personal or household service cannot be accomplished |
Posting is the method most often challenged, so treat it carefully. Post in a genuinely conspicuous place — the main door of the unit, not a shared exterior gate — and, as a belt-and-suspenders measure, mail a copy as well and keep a dated record of how, when, and where you served. Taping a notice to an outer building door and calling it done is a classic defective service that gets cases dismissed. In a summary proceeding, a landlord who cannot prove service cannot prove the notice period ever began.
Keep a record of service
Whoever serves the notice should record who was served, how, when, and where, and keep the demand and any mailing receipt. Without provable service, a landlord may be unable to show the notice period ran — and an unprovable service is a losing one. Personal delivery, documented, is the strongest record; posting-plus-mailing with a dated note is the safest fallback.
Takeaway
Serve by personal delivery, delivery to a household member, or posting in a conspicuous place — and back up posting with a mailed copy. Email or text alone is not valid service. Post on the unit’s own door, not a shared exterior gate, and keep a dated record of service, because an unprovable notice never started the clock.
What Makes a Notice Valid
Beyond picking the right notice and serving it correctly, the notice’s content has to be right. A valid Colorado eviction notice is a written document — never oral — and, depending on type, generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can void the notice |
| The exact reason | Nonpayment, the specific curable breach, the substantial violation, or the no-fault ground — stated with enough detail to respond |
| Amount due (for nonpayment) | The past-due rent the tenant must pay to keep the home, stated accurately |
| The correct deadline | Ten days for nonpayment or a curable breach, three for a substantial violation, or the right periodic-tenancy period — counted correctly |
| Mediation language, when it applies | For a covered tenant, the House Bill 23-1120 statement of the right to mediation before filing |
| Date and signature | The date of the notice and the signature of the landlord or authorized agent |
For a demand for nonpayment, state the rent actually due, not inflated charges the lease does not authorize, and identify the unit clearly. For a comply-or-quit demand, describe the breach specifically enough that the tenant knows precisely what to fix. And where the tenant has disclosed that they receive qualifying public assistance, remember that the mandatory-mediation language belongs in the demand — leaving it out of a covered tenant’s notice is its own defect.
Takeaway
A valid notice is written, names the tenant and address, states the exact reason, and — for nonpayment — demands the rent actually due with the correct 10-day (or 5-day exempt) period. Vague grounds, an overstated amount, the wrong number of days, or a missing mediation statement for a covered tenant each can void the notice.
After the Notice: The Forcible Entry and Detainer Lawsuit
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file a forcible entry and detainer action, Colorado’s summary eviction lawsuit, under Colorado Revised Statutes section 13-40-101 and following. A landlord cannot skip this step, and cannot substitute self-help for it. The action is filed in the county court for the county where the property is located.
Serve the correct notice and let it run
Serve the 10-day demand, the 3-day substantial-violation notice, or the correct periodic-tenancy notice, and wait until the full period has passed. For a covered tenant, offer mandatory mediation first.
File the complaint in county court
After the notice period runs, the landlord files a forcible entry and detainer complaint in the county court, attaching the notice, and a summons issues setting a return date.
Serve the summons and complaint
The tenant is served with the summons and complaint. The summons states the return date by which the tenant must appear or answer.
Return date: appear or default
The tenant must appear or answer by the return date. If the tenant does not, the landlord may request a default judgment for possession. If the tenant contests, the court sets the matter for hearing.
Judgment and writ of restitution
If the landlord prevails, the court issues a judgment for possession and, after the statutory wait, a writ of restitution. The sheriff — not the landlord — executes the writ and restores possession.
Only the sheriff can remove a tenant
A judgment for possession does not let the landlord change the locks personally. The court issues a writ of restitution, and the sheriff executes it after the statutory waiting period, physically restoring possession to the landlord. For certain tenants covered by House Bill 23-1120, that wait can be as long as 30 days. Any shortcut around the sheriff is an illegal self-help eviction.
Read the summons for the deadline
Colorado’s eviction summons sets a short window keyed to the return date, and it controls. Rather than rely on a generic “so many days,” a tenant should read the summons closely and appear on the stated date, and a landlord should calendar the return date precisely before assuming a default is available. Missing the return date is the fastest way for a tenant to lose by default.
Takeaway
After the notice expires, the only lawful path is a forcible entry and detainer action in county court. The summons sets the return date by which the tenant must appear or risk a default judgment. If the landlord wins, the court issues a writ of restitution that the sheriff executes — the landlord never removes a tenant personally.
Retaliation and Tenant Defenses
Even a landlord with a real ground can lose if the eviction runs into a tenant defense. Two categories matter most: retaliation, and the notice and procedural defects this guide has stressed throughout.
Retaliation Is Prohibited Under Section 38-12-509
Under Colorado Revised Statutes section 38-12-509, a landlord may not retaliate against a tenant for exercising a legal right — making a good-faith complaint about a habitability problem to the landlord or a government agency, organizing or joining a tenants’ association, or exercising a remedy the law provides. Prohibited retaliation expressly includes raising rent, cutting services, refusing to renew, and bringing or threatening an eviction. A tenant need only show that the protected activity was a motivating factor in the landlord’s decision, not the sole reason. A tenant who proves retaliation may recover up to three months’ rent or three times actual damages, whichever is greater, plus attorney fees. Timing an eviction right after a tenant complaint is one of the easiest ways to lose an otherwise valid case.
The Common Tenant Defenses
- Defective notice. Wrong notice type, the old three-day period instead of the 10-day demand, an overstated amount, a missing mediation statement, or a notice that is oral rather than written — each is a complete defense.
- Improper service. Service that does not use personal delivery, delivery to a household member, or proper posting, or that cannot be proven, defeats the case.
- Payment or cure made in time. If the tenant paid the full rent or cured the violation within the notice period, the grounds evaporate; receipts and records win.
- Warranty of habitability. A landlord’s failure to maintain a habitable unit can be raised as a defense in a nonpayment case and may offset what is owed.
- Retaliation. An eviction that follows protected tenant activity is barred under section 38-12-509, with treble-style damages and fees.
- Skipped mediation. Filing against a covered tenant without offering mandatory mediation under House Bill 23-1120 is a procedural defense.
- No cause where cause is required. Removing or refusing to renew a covered tenant without a House Bill 24-1098 cause, or with too short a non-renewal notice, defeats the case.
- Filed too early. Filing before the notice period fully expired is grounds for dismissal.
Showing up is the tenant’s biggest lever
The fastest path to a landlord judgment is a tenant who never appears on the return date — a default. A tenant who appears and answers forces the landlord to prove every element and opens the door to all of these defenses. For landlords, the lesson is the mirror image: assume the tenant will appear and contest, and make sure the notice, mediation, and service are flawless.
Takeaway
An eviction that follows protected tenant activity is barred under section 38-12-509, which lets a tenant recover up to three months’ rent or treble actual damages plus fees. Defective notice, bad service, timely payment or cure, habitability, skipped mediation, and a missing House Bill 24-1098 cause are all live defenses. The landlord’s best protection is a flawless notice and provable service.
Local Context: Colorado’s County Courts
State law is the floor. Colorado evictions are handled in the county court for the county where the property sits, and while the statute is uniform statewide, filing fees, hearing calendars, and local customs vary from a busy Denver or Front Range docket to a rural county with a lighter caseload. Some Colorado municipalities also add local tenant protections on top of state law, and a few require licensing or registration of rental units — so a landlord should confirm the practice in the specific county and city before filing.
The practical point is planning. An uncontested case may resolve in weeks, but a contested case, a covered tenant entitled to mediation and a longer writ wait, or a busy urban docket can stretch the timeline. Match your expectations to the county where you will actually file, and never assume a rural county’s informal pace applies to a metro court that enforces procedure closely.
Check the city as well as the state
A notice that satisfies state law can still run into a local rule. Before serving any notice, confirm whether the municipality where the property sits has its own tenant protections, rental-licensing requirements, or added notice rules for that specific address, and whether a covered tenant triggers the mediation and extended-writ timelines.
Takeaway
Colorado evictions run through the county court where the property sits, on a uniform statute but with local variation in fees, calendars, and custom — and some cities add their own tenant protections. Plan the timeline for the actual county and city, and account for the mediation and extended-writ rules when a covered tenant is involved.
No Self-Help: Lockouts Are Illegal
One rule admits no exceptions: in Colorado, a landlord may never remove a tenant by self-help, no matter how far behind the rent is or how egregious the conduct. A landlord may not change the locks, shut off water, heat, gas, or electricity, remove doors or windows, or take a tenant’s belongings in order to force a move.
The consequences fall on the landlord. A self-help lockout or utility shutoff exposes the landlord to the tenant’s actual damages and can support additional statutory claims and attorney fees, and it can turn a routine, winnable eviction into a lawsuit the landlord loses — and pays for. The only lawful way to remove a tenant is the county court process ending in a sheriff-executed writ of restitution. Until the sheriff acts, the tenant remains lawfully in possession.
Takeaway
Self-help eviction is illegal in Colorado: no lock changes, no utility shutoffs, no removing belongings. Violators owe the tenant’s actual damages and can face added statutory claims and attorney fees. The only lawful removal is a sheriff-executed writ of restitution after a county court judgment.
The Colorado Landlord Playbook
Put the whole framework into a repeatable sequence and an eviction becomes a disciplined, winnable process instead of a gamble. Follow these steps every time.
Pin down the ground and the right notice
Decide whether this is nonpayment, a curable breach, a substantial violation, or a no-fault end of a periodic tenancy — then choose the matching notice: the 10-day demand, the 3-day substantial-violation notice, or the 21/28/91-day termination. Using the old three-day pay period is a fatal defect.
Check for-cause and mediation coverage
If the tenant is covered by House Bill 24-1098, confirm you have a statutory cause and, for a non-renewal, budget a 90-day notice. If the tenant disclosed SSI, SSDI, or Colorado Works assistance, offer mandatory mediation under House Bill 23-1120 before filing.
Get the content exact
State the tenant name, address, and precise reason. For nonpayment, demand only the rent actually due. Include the mediation language where it applies. Date and sign the notice.
Count the days correctly
Ten days for nonpayment or a curable breach (five only for a qualifying exempt landlord), three for a substantial violation, or 21, 28, or 91 days for a periodic tenancy by length. Never file before the last day passes.
Serve carefully and keep proof
Use personal delivery, household-member delivery, or posting-plus-mailing, and keep a dated record. Then, if the tenant does not comply, file the forcible entry and detainer in county court — and let the sheriff execute any writ of restitution.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. See our free Colorado 10-day notice to pay rent or quit form, the shorter 5-day notice for an exempt landlord, the 10-day notice to comply for a lease violation, the 3-day unconditional quit notice, and the 21-day notice to terminate a month-to-month tenancy. Always tailor the details to your unit and verify current law.
Defensible Versus Fatal: Common Scenarios
✓ Usually Defensible
- Exact 10-day demand. A 10-day demand for the past-due rent, correctly counted, served personally, with the mediation statement if the tenant is covered.
- Specific comply-or-quit. A 10-day demand naming the precise lease breach, with the tenant failing to cure in time.
- Documented no-fault non-renewal. A covered tenant given a valid House Bill 24-1098 ground and a 90-day non-renewal notice, plus the correct periodic-tenancy period.
- Sheriff-executed writ. Waiting for the judgment and letting the sheriff execute the writ of restitution — never a personal lockout.
✕ Likely Fatal
- Old three-day demand. Serving a three-day pay-or-quit notice for nonpayment instead of the current 10-day demand under section 13-40-104.
- Filed too early. Filing the forcible entry and detainer before the notice period has fully run.
- Skipped mediation. Filing against a covered tenant who disclosed SSI, SSDI, or Colorado Works assistance without offering mandatory mediation.
- Self-help lockout. Changing the locks or shutting off utilities — illegal, with liability for the tenant’s damages.
The Best Eviction Is the One You Never File
Most eviction disputes trace back to a tenant who showed red flags before move-in. Comprehensive credit, income, and eviction-history reports catch prior evictions and payment problems before you ever sign a lease.
Frequently Asked Questions
How many days is a Colorado eviction notice for nonpayment of rent?
For most rentals, a Colorado landlord must serve a 10-day demand to pay rent or possession under Colorado Revised Statutes section 13-40-104(1)(e), which was raised from three days by House Bill 19-1118. There is a narrow exception: for an exempt residential agreement, meaning a single-family home leased by a landlord who owns five or fewer single-family rental homes and who put the required exemption language in the lease, the demand may be as short as five days. The 10-day demand also applies to a first or subsequent curable lease violation that is not a substantial violation. Always verify current law before serving.
Did Colorado change its eviction notice from 3 days to 10 days?
Yes. House Bill 19-1118, effective in 2019, raised the demand for nonpayment of rent and for a first or subsequent non-substantial lease violation from three days to 10 days under Colorado Revised Statutes section 13-40-104. A guide that still says Colorado uses a three-day pay-or-quit notice is relying on stale, pre-2019 law. The only three-day notice that survives is the unconditional notice for a substantial violation under section 13-40-107.5, and the five-day demand for an exempt small landlord who included the exemption language in the lease.
What is a substantial violation in Colorado, and how many days notice does it require?
A substantial violation under Colorado Revised Statutes section 13-40-107.5 is serious conduct on or near the premises that endangers people, willfully and substantially endangers property, is a violent or drug-related felony, or is a criminal act declared a public nuisance. For a substantial violation, the landlord may serve a 3-day unconditional notice to quit, and there is no right to cure. Because this notice removes the tenant’s chance to fix the problem, the grounds must genuinely fit the statute; an ordinary curable lease breach uses the 10-day demand instead.
Does Colorado require just cause to evict a tenant?
For most tenants, yes. House Bill 24-1098, effective April 19, 2024, requires a landlord to have a statutory cause to remove a residential tenant whose tenancy has otherwise expired. Permitted causes include nonpayment of rent, a substantial violation, a material or repeat lease violation, and specific no-fault grounds such as an owner move-in, a sale, a demolition, or a substantial remodel. A no-fault non-renewal requires a 90-day notice. Several tenancies are exempt, including owner-occupied single-family homes, duplexes, and triplexes, short-term rentals, employer housing, and tenancies of less than 12 months. Confirm coverage before acting.
How long is a Colorado notice to end a month-to-month tenancy?
Under Colorado Revised Statutes section 13-40-107, the notice to terminate a periodic tenancy turns on how long the tenancy has run. A tenancy of one month or longer but less than six months, which includes a month-to-month tenancy, requires 21 days written notice. A tenancy of six months or longer but less than a year requires 28 days. A tenancy of a year or longer requires 91 days. Tenancies of one week or less require three days, and shorter or at-will arrangements have their own short periods. For a covered tenant, the for-cause rule of House Bill 24-1098 also applies to a no-fault non-renewal.
What is Colorado’s mandatory mediation requirement before eviction?
House Bill 23-1120 requires a landlord to participate in mandatory mediation before filing an eviction against a residential tenant who receives Supplemental Security Income, federal Social Security Disability Insurance, or cash assistance through the Colorado Works program, when the tenant has disclosed that fact in writing. The written demand must tell the tenant of this right. Mediation is not required when the tenant did not disclose the assistance, when the landlord is a qualifying 501(c)(3) nonprofit, or when the landlord owns five or fewer single-family rental homes and no more than five total rental units. Verify whether the tenant is covered before you file.
How do you serve an eviction notice in Colorado?
Colorado allows personal service by handing the notice to the tenant, service on a family member of suitable age at the residence, or posting the notice in a conspicuous place on the premises when personal service cannot be made. Because posting is the method most often challenged, a careful landlord posts in a conspicuous place, such as the main entry door, and also mails a copy, and keeps a dated record of how, when, and where the notice was served. Without provable service, a landlord may be unable to show the notice period ever began.
Can a Colorado landlord change the locks or shut off utilities to force a tenant out?
No. Self-help eviction is illegal in Colorado. A landlord may not change the locks, shut off water, heat, gas, or electricity, remove doors or windows, or take a tenant’s belongings to force a move. The only lawful way to remove a tenant is a forcible entry and detainer judgment followed by a writ of restitution that the sheriff executes. A landlord who resorts to a lockout or utility shutoff can face liability for the tenant’s damages and may hand the tenant a strong claim, turning a routine eviction into a lawsuit the landlord loses.
How long does a Colorado tenant have to respond to an eviction lawsuit?
After the demand period expires, the landlord files a forcible entry and detainer action in the county court where the property sits, and the tenant is served with a summons stating the return date. Colorado’s eviction summons sets a short answer window keyed to the return date, and the tenant must appear or answer by that date or risk a default judgment for possession. Deadlines are tight and are set by court rule and the summons, so a tenant should read the summons carefully and appear on the stated date rather than assume a generic number of days.
Can a Colorado landlord evict in retaliation?
No. Under Colorado Revised Statutes section 38-12-509, a landlord may not retaliate against a tenant for making a good-faith habitability complaint, organizing or joining a tenants’ association, or exercising a legal remedy. Prohibited retaliation includes raising rent, cutting services, refusing to renew, or bringing or threatening an eviction. A tenant need only show the protected activity was a motivating factor, and a tenant who proves retaliation may recover up to three months’ rent or three times actual damages, whichever is greater, plus attorney fees. Retaliation is one of the strongest tenant defenses in an eviction case.
Where are Colorado evictions filed, and how are they decided?
A Colorado eviction, formally a forcible entry and detainer action under Colorado Revised Statutes section 13-40-101 and following, is filed in the county court for the county where the property is located. The tenant is served with a summons and complaint and must appear on the return date. If the tenant does not appear or answer, the landlord may take a default judgment for possession. If the tenant contests, the court sets the matter for hearing, where the landlord must prove a valid tenancy, a proper notice, and grounds. If the landlord prevails, the court issues a judgment and a writ of restitution that the sheriff executes.
What is the safest way for a Colorado landlord to serve an eviction notice?
Pick the correct notice for the ground and get the days right. For nonpayment or a curable breach, use the 10-day demand under section 13-40-104, unless you qualify for the five-day exempt-landlord demand. For a substantial violation, use the 3-day unconditional notice under section 13-40-107.5. For a no-fault end of a periodic tenancy, use the 21, 28, or 91-day notice under section 13-40-107, and apply the House Bill 24-1098 for-cause and 90-day non-renewal rules if the tenant is covered. Include the mandatory-mediation language when it applies, serve carefully, keep proof, and never resort to a lockout.
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