Colorado 21 Day Notice To Vacate

A Colorado 21 Day Notice To Vacate is a letter that complies with state legal requirements to end a tenancy of one (1) month or longer, but less than six (6) months. The non-terminating party must receive notice at least twenty-one (21) days before the date of termination.

When To Use a Colorado 21 Day Notice To Vacate

A Colorado 21 Day Notice To Vacate is used by either the landlord or tenant to terminate the following types of tenancy:

A tenancy of one (1) month or longer, but less than six (6) months.
An expired lease
A rental situation with no written lease where the tenant pays rent monthly

Some types of Colorado lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Colorado 21 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a Colorado 21 Day Notice To Vacate

Colorado landlords and tenants may in most cases deliver a written Notice To Vacate using any method which results in the effective delivery of that notice to the other party. The following methods, taken from delivery of an initial eviction notice, provide the legal gold standard under state law:

Hand delivery to the other party
Hand delivery to a person over age 15 on the property who can accept the notice on behalf of the other party
Only if all forms of hand delivery fail: Posting the notice in a conspicuous place on the premises, such as the entry door

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 C.R.S. § 13-40-107: A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

(a) A tenancy for one year or longer, ninety-one days;

(b) A tenancy of six months or longer but less than a year, twenty-eight days;

(c) A tenancy of one month or longer but less than six months, twenty-one days;

(d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days;

(e) A tenancy for less than one week, one day.

(2) Such notice shall describe the property and the particular time when the tenancy will terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney.
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2 Colo. Rev. Stat. § 13-40-108: 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.

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