Free Colorado 21-Day Notice to Terminate Month-to-Month Tenancy
Colorado 21-day notice to terminate a month-to-month tenancy under C.R.S. § 13-40-107(2)(c). Applies to tenancies that have lasted 1 month or longer but less than 6 months.
The Colorado 21-day notice to terminate is the statutory written notice required by C.R.S. § 13-40-107(2)(c) for ending a month-to-month tenancy that has lasted 1+ month but less than 6 months. Longer tenancies require longer notice: 28 days for 6+ months but less than 1 year; 91 days for tenancies of 1 year or longer. The notice must be in writing, describe the property, and state the specific date the tenancy will terminate.
Colorado MTM Termination at a Glance
Statute
C.R.S. § 13-40-107
Notice Period
21 Days
Tenancy Length
1–6 months
After Notice
FED if no vacancy
⚠ Colorado Statutory Requirement
C.R.S. § 13-40-107(2)(c) requires at least 21 days’ written notice for a month-to-month tenancy of 1–6 months. For tenancies of 6+ months but less than 1 year, the period is 28 days. For tenancies of 1+ year, the period is 91 days. The notice must describe the property and state the specific termination date.
How to Serve the Colorado MTM Termination
Determine the correct notice period
Confirm tenancy length. C.R.S. § 13-40-107 requires 21 days for 1–6 month tenancies, 28 days for 6–12 months, and 91 days for 1+ year. Using the wrong period invalidates the notice.
Prepare the notice
Prepare the written notice under C.R.S. § 13-40-107. The notice must describe the property and the specific date the tenancy terminates. It must be signed by the landlord or authorized agent.
Serve the notice
Serve per C.R.S. § 13-40-108: personal service, substituted service (left with person of suitable age at premises), or posting if the premises are vacant. Retain proof of service.
Wait the statutory period
Wait the full 21-day notice period before any further action. The termination is effective on the date stated in the notice.
Document and follow up
If the tenant has not vacated by the termination date, file a forcible entry and detainer (FED) action in Colorado county court. Just-cause protections under HB24-1098 may apply to longer tenancies.
Generate the Colorado Notice
Complete the fields below to generate a Colorado 21-day month-to-month termination notice. State the lease/tenancy details and the termination date. Service must comply with C.R.S. § 13-40-108; retain proof of service.
ℹ Colorado 21-day notice (C.R.S. § 13-40-107)
Use 21 days for tenancies of 1+ month but less than 6 months. For longer tenancies: 28 days (6 mo.–12 mo.) or 91 days (1+ year). The notice must state the specific termination date, not just "21 days from service."
1. Notice Header (From / To / Property)
From (Landlord / Property Manager)
To (Tenant)
2. Tenancy / Lease Information
3. Notice Content
4. Signature
About This Colorado Notice
The Colorado 21-day notice to terminate a month-to-month tenancy is the statutory notice required by C.R.S. § 13-40-107(2)(c) for ending tenancies that have lasted 1+ month but less than 6 months. Colorado scales the notice period with tenancy length: 21 days (1–6 months), 28 days (6 months to under a year), and 91 days (1 year or longer). The notice must be in writing, describe the property, state the specific date the tenancy will terminate, and be signed by the landlord or authorized agent. Service must comply with C.R.S. § 13-40-108: personal service, substituted service, or posting if the premises are vacant. Critical Colorado considerations: (1) using the wrong notice period invalidates the notice; (2) the notice must state a specific termination date, not "21 days from service"; (3) HB24-1098 introduced just-cause eviction protections for tenancies of 12+ months in many cases, which may affect whether no-cause termination is permitted. Best practice: confirm tenancy length, use the correct notice period, state a specific calendar termination date, include a property description, sign the notice, cite C.R.S. § 13-40-107, serve per C.R.S. § 13-40-108, and retain proof of service. Consult Colorado counsel for longer tenancies that may be subject to just-cause protections.
Colorado Statutory Requirements
- Statute: C.R.S. § 13-40-107 (Notice to Terminate Tenancy)
- Notice period: 21 days (tenancy 1–6 months); 28 days (6–12 months); 91 days (1+ year)
- Must be in writing
- Must describe the property
- Must state the specific termination date
- Must be signed by the landlord, tenant, or authorized agent
- Service per C.R.S. § 13-40-108
Service Methods Permitted
- Personal service on the tenant (C.R.S. § 13-40-108)
- Substituted service — leave with person of suitable age at the premises
- Posting on the premises if no one is in possession
- Certified mail — supplemental; verify with local court
- Retain affidavit of service — required for FED case
Common Mistakes
- Wrong notice period — using 21 days for a 1+ year tenancy (should be 91)
- Vague termination date — must state specific date, not "21 days from service"
- No property description — required by C.R.S. § 13-40-107(3)(a)
- Missing signature — required by C.R.S. § 13-40-107(3)(b)
- Improper service — not meeting C.R.S. § 13-40-108
- Ignoring just-cause requirements for longer tenancies (HB24-1098)
Best Practices
- Confirm tenancy length first — use the right period
- State a specific calendar date for termination
- Include property description — address with unit number, city, county
- Sign the notice — landlord or authorized agent
- Cite C.R.S. § 13-40-107 on the notice
- Personal service preferred — retain affidavit
- Consider just-cause rules for tenancies of 12+ months
Bottom line
Colorado requires a 21-day notice for MTM tenancies of 1–6 months under C.R.S. § 13-40-107(2)(c). Use 28 days (6–12 mo.) or 91 days (1+ year) for longer tenancies. State a specific calendar date, include a property description, sign the notice, serve per C.R.S. § 13-40-108, and retain proof.
Frequently Asked Questions
What is a Colorado 21-day notice to terminate?
A Colorado 21-day notice to terminate is the statutory notice required by C.R.S. § 13-40-107(2)(c) for ending a month-to-month tenancy that has lasted 1+ month but less than 6 months. The notice must be in writing, describe the property, state the specific termination date, and be signed.
When do I use 28 days or 91 days instead?
Colorado scales the notice period with tenancy length under C.R.S. § 13-40-107: 21 days for 1–6 month tenancies, 28 days for 6 months to under a year, and 91 days for tenancies of 1 year or longer. Using the wrong period invalidates the notice.
How must the Colorado notice be served?
Service must comply with C.R.S. § 13-40-108: personal service on the tenant, substituted service (left with a person of suitable age at the premises), or posting if the premises are vacant. Retain an affidavit of service — without proof of service, the FED case may be dismissed.
What happens if the tenant doesn’t vacate?
If the tenant has not vacated by the termination date, the landlord may file a forcible entry and detainer (FED) action in Colorado county court. The court can issue a judgment for possession; the sheriff then executes the lockout.
Do just-cause protections apply?
Colorado HB24-1098 introduced just-cause eviction protections for certain tenancies. The protections most clearly apply to tenancies of 12+ months, which makes the 91-day notice category most affected. For a 21-day MTM (1–6 month tenancy), no-cause termination is generally still permitted, but consult Colorado counsel for any tenancy that has lasted close to or beyond 12 months.
Can the tenant cure or stop the termination?
Colorado generally does not provide a statutory cure right for no-fault termination of a month-to-month tenancy. The tenant may negotiate with the landlord for a new tenancy, but the landlord is not obligated to renew.
Screen Colorado tenants thoroughly before move-in
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