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 an initial written Notice To Vacate 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
Sources
- 1 CO Rev Stat § 13-40-107.5
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- 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
- 2 Arvada Vill. Gardens L.P. v. Garate, No. 23SA34, 9 (Colo. 2023)
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“A landlord of a property covered by the CARES Act must give thirty days’ notice before filing for FED [i.e., eviction] in Colorado.”Source Link
- 3 Colo. Rev. Stat. § 13-40-108
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Source Link
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.
