In Colorado, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Colorado?
In Colorado, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Colorado?
In Colorado, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
A 10 Day Notice to Quit is the eviction notice used for tenants (not residing at an exempt property or employer provided housing) that do not pay rent in full and on time. There is no legal grace period for paying rent in Colorado, a landlord can serve notice the day after rent is due.
Acceptable Forms of Service in Colorado
Colorado landlords may deliver an initial written eviction notice using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a person over age 15 on the premises who can accept the notice on behalf of the tenant
- Only if all forms of hand delivery fail: Posting the notice in a conspicuous place on the premises, such as the entry door
Obtaining Proof of Service in Colorado
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Posting at the Premises – by taking a photograph and completing a Declaration of Service at the time of delivery
Colorado Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Unpaid Rent
Employer Provided Housing |
| 5 Day Notice To Quit | Unpaid Rent
Exempt Rental Property |
| 10 Day Notice To Quit | Unpaid Rent
All Other Tenancies |
| 3 Day Notice To Comply or Vacate | Lease Violation
Employer Provided Housing |
| 5 Day Notice To Comply or Vacate | Lease Violation
Exempt Rental Property |
| 10 Day Notice To Comply or Vacate | Lease Violation
All Other Tenancies |
| 3 Day Notice To Vacate | Illegal Activity |
| 1 Day Notice To Vacate | Tenancy of less than one week |
| 3 Day Notice To Terminate Tenancy | Tenancy of more than one week,
but less than one month / Tenancy At Will |
| 21 Day Notice To Vacate | Tenancy of one month or longer,
but less than six months |
| 28 Day Notice To Vacate | Tenancy of six months or more,
but less than one year |
| 91 Day Notice To Vacate | Tenancy of one year or more |
Sources
- 1 Colo. Rev. Stat. § 13-40-108
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A notice to quit or demand for possession of real property may be served by delivering a copy thereof to the tenant or other person occupying such premises, or by leaving such copy with some person, a member of the tenant’s family above the age of fifteen years, residing on or in charge of the premises, or, in case no one is on the premises at the time service is attempted, by posting such copy in some conspicuous place on the premises.
