A Colorado 3 Day Notice To Vacate is a letter that complies with state legal requirements to begin the eviction process against a tenant for illegal conduct on the premises, such as possession of controlled substances. The tenant is not given an opportunity to take corrective action, and must move out within three (3) calendar days of receiving notice.
When To Use a Colorado 3 Day Notice To Vacate
A Colorado 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
Involvement in the sale or possession of a controlled substance
Commission of a criminal offense or nuisance
Causing substantial property damage
Assaulting another person on the premises
Involvement in any other illegal activity
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 3 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 basis upon which the tenancy will terminate
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 3 Day Notice To Vacate
Colorado landlords may deliver a Notice To Vacate using any of these methods:
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 after hand delivery fails: Posting at a conspicuous place on the premises, such as the entry door
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.
It is declared to be an implied term of every lease of real property in this state that the tenant shall not commit a substantial violation while in possession of the premises.
As used in this section, “substantial violation” means any act or series of acts by the tenant or any guest or invitee of the tenant that, when considered together:
Occurs on or near the premises and endangers the person or willfully and substantially endangers the property of the landlord, any co-tenant, or any person living on or near the premises; or
Occurs on or near the premises and constitutes a violent or drug-related felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S.; or
Occurs on the tenant’s leased premises or the common areas, hallway, grounds, parking lot, or other area located in the same building or complex in which the tenant’s leased premises are located and constitutes a criminal act in violation of federal or state law or local ordinance that carries a potential sentence of incarceration of one hundred eighty days or more; and
Has been declared to be a public nuisance under state law or local ordinance based on a state statute.
A tenancy may be terminated at any time on the basis of a substantial violation. The termination shall be effective three days after service of written notice to quit
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.