Free Colorado 10-Day Notice to Comply or Quit (Lease Violation)
Colorado lease violation notice under C.R.S. §13-40-104(1)(e). Tenant has 10 days to cure a material violation (curable) or vacate. Incurable violations under §13-40-107.5 require a separate 3-day notice to quit. HB 24-1098 just-cause framework may apply.
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Colorado 10-Day Notice to Comply or Quit — Step-by-Step Guide
Covers C.R.S. §13-40-104(1)(e), HB 24-1098 just-cause framework, and curable vs. incurable violations
A Colorado 10-Day Notice to Comply or Quit (Lease Violation) is the statutory pre-eviction notice for material lease violations under C.R.S. §13-40-104(1)(e). The notice gives the tenant 10 days to cure curable violations or vacate. Incurable violations require a separate 3-day notice to quit under §13-40-107.5. For tenancies of 12+ months, HB 24-1098‘s statewide just-cause framework adds an additional procedural overlay.
Complete the 10-Day Notice to Comply or Quit (Lease Violation)
Complete the form below to generate a Colorado 10-Day Notice to Comply or Quit (Lease Violation). The notice must specifically identify the violation, the lease provision violated, the deadline to cure (or notice of incurable violation), and proper service. Vague or improperly served notices can be dismissed by the court and force you to start over — a leading cause of failed evictions in Colorado.
⚠ Curable vs. Incurable Violations
Most lease violations are CURABLE — the tenant gets a deadline to fix the problem. Some are INCURABLE under state law (drug activity, violence against other tenants, or a repeat of a violation already noticed). In Colorado, most lease violations are CURABLE (10-day cure period). INCURABLE violations under C.R.S. §13-40-107.5 typically include: drug-related criminal activity on premises, violent crime, and acts that willfully and substantially endanger property; a repeat of a violation already noticed takes a 10-day notice to quit with no cure (§13-40-104(1)(e.5)). For other incurable violations, use a 3-day Notice to Quit (separate form) instead of this 10-day cure notice. Using the wrong type of notice can dismiss your eviction case.
1. Tenant Information
2. Rental Property
3. Lease Violation
4. Cure Required (or Notice of Incurable Violation)
Colorado requires 10 days. 10 days counted from the day after proper service. Service must comply with C.R.S. §13-40-108. The deadline extends to the next business day if it falls on a weekend or court holiday (C.R.C.P. 6).
5. Method of Service
Victim-survivor service (from August 6, 2025). If the tenant has given you written or actual notice that they are a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, C.R.S. 13-40-108(2) requires all reasonable efforts to serve that tenant in person. If personal service cannot be completed after three attempts, you must post a copy in a conspicuous place on the premises and also send it by certified mail or a commercial mail courier, with a receipt or other proof of delivery. The notice itself describes only the method used; it does not state the tenant’s status.
6. Landlord / Agent Signature
🏛 Colorado Just-Cause Framework — HB 24-1098 (For-Cause Eviction Law)
✓ For-Cause Eviction Law (HB 24-1098, effective April 19, 2024) — CRS §§38-12-1301 to 1307
Colorado enacted HB 24-1098 (“Cause Required for Eviction of Residential Tenant”), effective April 19, 2024. The law applies to tenancies of 12+ months continuous occupancy in non-exempt residential premises. For covered tenancies, the landlord must follow a specific procedural sequence:
The Just-Cause Sequence:
- Cure notice FIRST: Serve this 10-Day Notice to Comply or Quit and give the tenant a meaningful opportunity to cure.
- No separate quit notice: under C.R.S. §13-40-104(1)(e) this 10-day notice is itself the demand for compliance or possession, so no second notice to quit is needed if the tenant neither cures nor vacates.
- FED action SECOND: If the tenant neither cures nor vacates within the 10 days, the landlord may file the Forcible Entry and Detainer action.
Skipping the cure step for a covered tenancy is one of the most common procedural errors in Colorado and routinely results in dismissal of the eviction action.
Exemptions from HB 24-1098 include: short-term rentals (under 30 days), owner-occupied or owner-adjacent rental properties, employer-provided housing, tenancies under 12 months, and certain other narrow categories. Verify exempt status in writing where exemption is claimed.
Colorado joins California, New Jersey, Oregon, Washington, and New Hampshire as one of only six U.S. states with statewide just-cause requirements. For background on Colorado’s broader eviction framework, see the comprehensive Colorado eviction notice laws guide. For information on the related rent default process, see the Colorado 5-Day Notice to Pay Rent or Quit.
About the Colorado 10-Day Notice to Comply or Quit (Lease Violation)
Colorado’s lease-violation eviction process is governed by C.R.S. §13-40-104(1)(e), which requires the landlord to serve a 10-day notice for a violation of any material condition or covenant of the lease that is not nonpayment of rent. The notice must specifically identify the violation, the lease provision violated, and give the tenant 10 days to cure (where the violation is curable) or vacate. Most lease violations are curable: unauthorized pets, noise, occupancy violations, smoking, parking, etc. Certain violations are typically INCURABLE under C.R.S. §13-40-107.5: drug-related criminal activity, violent crime against other tenants or staff, and deliberate destruction; a repeat of a violation already noticed takes a 10-day notice to quit with no cure under §13-40-104(1)(e.5). For other incurable violations, the landlord must use a 3-day unconditional quit notice (separate form) rather than this 10-day cure notice. Just-cause eviction protections under HB 24-1098 may add additional restrictions for tenancies of 12+ months.
Colorado Notice Framework
- Statute: C.R.S. §13-40-104(1)(e) (material lease violation)
- Notice period: 10 days to cure or quit
- Curable violations: unauthorized pets, noise, occupancy, smoking, parking, minor damage, unauthorized alterations
- Incurable (use 3-day notice instead): drugs, violence, willful and substantial endangerment of property; repeat of a noticed violation = 10-day notice to quit, no cure (§13-40-104(1)(e.5))
- Service: per C.R.S. §13-40-108 (personal, substituted, or posted; for a tenant who has told you they are a victim-survivor, personal service first, then posting plus certified mail or courier after three failed attempts)
- Just-cause overlay: HB 24-1098 / CRS §§38-12-1301 to 1307 for tenancies of 12+ months
- Court: Colorado County Court (or District Court for higher-value cases)
- Filing form: eviction Complaint (Colorado JDF 101) with Summons (JDF 102)
Common Mistakes That Get Lease-Violation Notices Dismissed
- Using this 10-day notice for INCURABLE violations (drugs, violence) — use 3-day notice to quit instead
- Vague description of the violation — must be specific (what, when, where, who)
- Not citing the specific lease provision violated
- Improper service method (not following C.R.S. §13-40-108)
- Filing FED action before the 10-day period expires
- Treating minor/technical breaches as ‘substantial’ (subject to court challenge)
- Skipping the cure step for a tenancy covered by HB 24-1098 just-cause requirements
- Counting service day as day 1 (should count from the day AFTER service)
Curable vs. Incurable Violations
In Colorado, most lease violations are CURABLE — the tenant has the 10-day period to fix the problem. Examples: remove the unauthorized pet, stop the excessive noise, remove the unauthorized occupant, repair the damage, stop smoking. Certain violations are INCURABLE under C.R.S. §13-40-107.5: drug-related criminal activity on the premises, violent crime against other tenants or staff, deliberate destruction of property causing substantial damage; a repeat of a violation already noticed takes a 10-day notice to quit with no cure under §13-40-104(1)(e.5). For other incurable violations, the landlord MUST use a 3-day notice to quit (no cure right) rather than this 10-day cure notice. Using the wrong notice type can dismiss the eviction.
Service Requirements
Under C.R.S. §13-40-108, the notice must be served by: (1) personal delivery to the tenant; (2) leaving the notice with a person older than fifteen years of age who resides on or is in charge of the premises; or (3) posting the notice in a conspicuous place on the premises, but only if no one is on the premises after attempts at personal service on at least two separate days. If the tenant has given written or actual notice of being a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord must make all reasonable efforts at personal service and, if three attempts fail, must both post the notice and send it by certified mail or commercial courier with proof of delivery (C.R.S. §13-40-108(2)). Document the service method, date, and any witnesses — this proof is required at the FED hearing.
What Happens If Tenant Cures Within the Deadline
If the tenant fully cures the violation within 10 days of proper service, the lease continues and the landlord cannot proceed with eviction on this notice. The cure must be COMPLETE — partial cure (removing one of two unauthorized pets) does not suffice. After the 10-day period expires without cure, the landlord may proceed to FED action. For a repeat of the same violation after this notice, the landlord may serve a 10-day notice to quit with no cure under §13-40-104(1)(e.5). Proper tenant screening at move-in dramatically reduces the likelihood of recurring lease violations.
What Happens If Tenant Does Not Cure or Vacate
If the tenant does not cure or vacate within 10 days, the landlord may file a FED (Forcible Entry and Detainer) lawsuit in the county court. The court will set a hearing within 7-14 days. The landlord must prove: (1) the tenant violated a condition or covenant of the lease, (2) the notice was properly served, and (3) the tenant did not cure within the period. If the landlord prevails, the court issues a writ of restitution authorizing the sheriff to remove the tenant. The landlord may also seek money damages for unpaid rent through the cure period and attorney fees as permitted by lease and statute.
Local Colorado Jurisdictions
Local ordinances may impose additional requirements beyond C.R.S. §13-40-104(1)(e):
- Denver — Tenant Right to Counsel + Source of Income Protections. Denver’s Department of Housing Stability administers eviction-related programs.
- Boulder — Tenant Right to Counsel + additional procedural protections.
- Fort Collins — Limited additional tenant ordinances.
- Aurora — Limited additional tenant ordinances.
Verify local ordinance compliance before serving the notice. Colorado state law generally preempts local rent control but allows additional tenant procedural protections.
Frequently Asked Questions
What is a Colorado 10-Day Notice to Comply or Quit?
A Colorado 10-Day Notice to Comply or Quit is a statutory pre-eviction notice under C.R.S. §13-40-104(1)(e) that gives a tenant 10 days to either cure (fix) a material lease violation OR vacate the premises. The 10-day cure framework gives the tenant a statutory cure right — distinguished from a 3-day unconditional quit notice under C.R.S. §13-40-107.5 which provides no cure right and is reserved for severe non-curable violations such as drug-related or violent felonies and acts that endanger persons or property; a repeat of a violation already noticed is handled by a 10-day notice to quit with no cure under C.R.S. §13-40-104(1)(e.5).
How are the 10 days counted in Colorado?
Calendar days, counted from the day AFTER proper service of the notice. Service must comply with C.R.S. §13-40-108. The deadline extends to the next business day if it falls on a weekend or court holiday (C.R.C.P. 6). Counting errors are one of the most common reasons cure notices get dismissed in eviction court.
Does Colorado’s HB 24-1098 just-cause law apply to my tenancy?
If the tenancy meets the threshold of 12+ months continuous occupancy in non-exempt residential premises, the For-Cause Eviction Law (HB 24-1098, effective April 19, 2024) under CRS §§38-12-1301 to 1307 imposes just-cause requirements. A material lease violation is a listed cause (C.R.S. §38-12-1303(2)(f)), and this 10-day notice is itself the required notice: if the tenant neither cures nor vacates, no separate notice to quit is needed before filing. Skipping the cure step is a common procedural error and a frequent reason eviction actions are dismissed. Exemptions include short-term rentals, owner-occupied/owner-adjacent units, employer-provided housing, and tenancies under 12 months.
What service methods are valid in Colorado?
Service must comply with C.R.S. §13-40-108. Methods include: (1) personal delivery to the tenant; (2) substituted service — leaving the notice with a person older than fifteen years of age who resides on or is in charge of the premises; or (3) posting the notice in a conspicuous place on the premises, but only if no one is on the premises after attempts at personal service on at least two separate days. Mere mailing alone is generally insufficient and may render the notice unenforceable.
What if the tenant cures within 10 days?
If the tenant completes the cure within 10 days of proper service, the tenancy continues unchanged. The landlord cannot proceed with the Forcible Entry and Detainer (FED) action. The cure must be substantial — a partial or incomplete fix may not satisfy the notice. Document the cure with photographs and written confirmation, and accept the cure in writing. For a repeat of the same violation after this notice, the landlord may serve a 10-day notice to quit with no cure under C.R.S. §13-40-104(1)(e.5).
Can a Colorado landlord use this notice for unpaid rent?
No. Unpaid rent requires a separate Pay-Rent-or-Quit notice — either a 5-day or 10-day notice depending on landlord status under Colorado law. Mixing rent demands with a lease-violation cure notice may invalidate the notice. Use the Colorado Pay-Rent-or-Quit notice for rent default and reserve this 10-day Comply-or-Quit notice for non-monetary lease violations.
What about local Colorado ordinances?
Local ordinances in Denver (Tenant Right to Counsel + Source of Income Protections), Boulder (Tenant Right to Counsel), Fort Collins, and Aurora may impose additional procedural requirements beyond C.R.S. §13-40-104(1)(e). Verify local ordinance compliance before serving the notice. Colorado state law generally preempts local rent control but allows additional tenant procedural protections.
What if the violation is not curable?
For non-curable violations — a violent or drug-related felony on or near the premises, an act that endangers another person, or an act that willfully and substantially endangers property — the landlord serves a 3-Day Unconditional Quit notice under C.R.S. §13-40-107.5 instead (a repeat of a violation already noticed takes a 10-day notice to quit with no cure under §13-40-104(1)(e.5)). The 10-day cure framework is for material lease violations that CAN be remedied. Using the wrong notice type is a leading cause of eviction dismissals.
What court hears the Forcible Entry and Detainer (FED) in Colorado?
In Colorado, the Forcible Entry and Detainer (FED) is filed in Colorado County Court (or District Court for higher-value cases). The filing form is the eviction Complaint (JDF 101), filed with the Summons (JDF 102). The court will set a hearing within 7-14 days. Filing fees, response windows, and procedural rules vary by county. Consult the local court rules before filing.
Related Colorado Forms & Resources
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. Eviction is a complex legal proceeding with strict procedural requirements; improper notice or service can dismiss your case. For Colorado tenant resources, visit Colorado Division of Housing and review C.R.S. §13-40-104 and HB 24-1098 (CRS §§38-12-1301 to 1307). Consult a qualified Colorado landlord-tenant attorney before serving an eviction notice.
