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.
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:
- Use the full name of the receiving parties, and address of record, if known
- Specify the basis upon which the tenancy will terminate, and the corrective action required to avoid termination
- 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 5 Day Notice To Comply or Vacate
Colorado landlords may deliver an initial written eviction notice 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 § 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 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.