A Colorado 3 Day Notice to Comply or Vacate is an official form written by the landlord and delivered to the tenant for a breach of the lease in employer provided housing. This notice allows the tenant to correct the lease violations or move out within three (3) calendar days.
When to Use a Colorado 3 Day Notice to Comply or Vacate
Use a 3-Day Notice to Comply or Vacate to begin the eviction process in Colorado if any of the below are true:
- If the tenant failed to maintain the premises in a clean and sanitary manner.
- If the tenant refused to allow the landlord access to the premises.
- If the tenant violated the rules with too many occupants at the premises.
- If the tenant committed any other violations of the lease or rules and regulations.
If none of the above are true, use one of the below forms to evict a tenant:
- 3 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full (use this notice if the tenant resides in employer provided housing).
- 5 Day Notice to Quit -If the tenant is late on rent (starting the day after it’s due), either in part or in full (use this notice if the landlord has five (5) or fewer rental properties).
- 10 Day Notice to Quit – If the tenant is late on rent (starting the day after it’s due), either in part or in full.
- 3 Day Notice to Vacate – If the tenant is involved in illegal drug activity, committed substantial property damage, committed a criminal offense or nuisance, assaulted another person on the premises or any other illegal activity (tenants are not given an opportunity to cure).
- 5 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, refused to allow the landlord access, violated rules with too many occupants at the premises or any other violations of the lease or property rules (for use by landlords with five (5) or fewer rental properties; tenants are given the opportunity to remedy the violation or default).
- 10 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner, refused to allow the landlord access, violated rules with too many occupants at the premises or any other violations of the lease or property rules (tenants are given the opportunity to remedy the violation or default).
- 1-91 Day Notice to Vacate – If the tenant does not have a lease, has an expired lease or is on a periodic (i.e. month-to-month) lease. The amount of notice required to give depends on the length of the tenancy.
How to Write a Colorado 3 Day Notice to Comply or Vacate
The Three (3) Day Notice to Comply or Vacate form for tenants living in employer provided housing shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the rule or lease violation;
- Include any balance due, if applicable;
- Enter the date the lease violation must be remedied by or the date the tenant must vacate the premises;
- Include the date the notice is served;
- Landlord prints their name and signs the notice;
- Landlord includes their full address and phone number.
How to Serve a Colorado 3 Day Notice to Comply or Vacate
A landlord can deliver notices in Colorado using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to someone, over the age of 15, occupying the premises;
- Posting the notice in a conspicuous place at the premises, such as the entry door.
Sources
- 1 CO Rev Stat § 38-12-504
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In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to:
- Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety;
- Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit;
- Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner;
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;
- Conduct himself or herself and require other persons in the residential premises within the tenant’s control to conduct themselves in a manner that does not disturb their neighbors’ peaceful enjoyment of the neighbors’ dwelling unit; or
- Promptly notify the landlord if the residential premises is uninhabitable as defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied.
- In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.
- 2 C.R.S. § 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.
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