A Colorado 3 Day Notice to Vacate is a legal eviction letter written by the landlord and served to the tenant for illegal conduct on the premises, such as possession of controlled substances. There is no option to fix the conduct and the tenant must move out within three (3) calendar days.
When to Use a Colorado 3 Day Notice to Vacate
Use a 3 Day Notice to Vacate to begin the eviction process in Colorado:
- If the tenant is involved in the sale of or possession of a controlled substance.
- If the tenant committed a criminal offense or nuisance.
- If the tenant committed substantial property damage.
- If the tenant assaulted another person on the premises.
- If the tenant is involved in any other illegal activity.
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 for single family home leases 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 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 tenants living in employer provided housing; tenants are given the opportunity to remedy the violation or default).
- 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 (use this notice for single family home leases if the landlord has 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 Vacate
The 3-Day Notice to Vacate form 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 incurable rule or lease violation;
- Include any balance due, if applicable;
- Enter 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 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 § 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 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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