Colorado 5 Day Notice To Comply or Vacate

Last Updated: April 19, 2024 by Roberto Valenzuela

A Colorado 5 Day Notice To Comply or Vacate is a letter that complies with state legal requirements to begin eviction against a tenant for a “curable” breach of the lease (one which the tenant is allowed an opportunity to correct), such as failing to maintain the premises in a sanitary manner. The tenant must take the necessary corrective actions or else move out within five (5) calendar days of receiving notice.

When To Use a Colorado 5 Day Notice To Comply or Vacate

A Colorado 5 Day Notice To Comply or Vacate begins the eviction process from a landlord who owns five or fewer single-family rentals, against a tenant who has committed one of the following violations: 

  • Failure to maintain the premises in a clean and sanitary manner
  • Refusal to allow the landlord lawful access to the premises
  • Violation of occupancy rules
  • Other violations of the lease or of the rental property’s rules and regulations

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.

warning
Colorado courts have specified that a tenant covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act is entitled to a minimum 30 days of advance notice before a landlord can file for eviction. This applies even after the act’s other protections have expired.

    How To Write a Colorado 5 Day Notice To Comply or Vacate

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

    1. Use the full name of the receiving parties, and address of record, if known
    2. Specify the basis upon which the tenancy will terminate, and the corrective action required to avoid termination
    3. Specify the termination date of the lease or tenancy
    4. Fill in the full address of the rental premises
    5. Provide updated/current address and phone number information
    6. Print name and sign the notice
    7. 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 5 Day Notice To Comply or Vacate

    Colorado landlords may deliver an initial written eviction notice using any of these methods:

    1. Hand delivery to the tenant
    2. Hand delivery to a person over age 15 on the premises who can accept the notice on behalf of the tenant
    3. 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.

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