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Read further to learn more about the eviction process in Colorado and how many days’ notice are required in which situations.
What’s an Eviction Notice?
An eviction notice is a legal form of disclosure that lets a tenant know that they are in clear violation of their lease agreement, and either need to correct the issue or vacate the premises. If the tenant fails to take action after proper legal notice is given, the landlord may evict the tenant. When a landlord provides written legal notice to a tenant to correct a violation of the lease agreement, it is referred to as a “Notice to Quit.” The terms of the Notice to Quit will vary depending on the situation. While many tenants will choose to move out of the unit after receiving a Notice to Quit, sometimes further action is required. The following information outlines the specific steps a landlord must take to formally evict a tenant from their rental property, from delivering a Notice to Quit to obtaining a Writ of Possession. You will also find detailed instructions on creating an eviction notice specific to the state of Colorado.
In the state of Colorado, evictions are primarily served to tenants when they have failed to pay rent within a timely period. Renters that have been unable to adhere to the letter of the rental agreement can also receive an eviction notice. An eviction notice is a form that landlords can use that will notify the tenants that they will have an appointment in court that will settle the matter. In most cases, this court date is established to rectify the issue and solve it quickly, and the tenant can opt to pay what’s owed or move out forthwith. In addition to this, the landlord may also furnish a termination letter, which details the landlord’s intent to terminate the lease agreement.
When is Rent Considered Late by the State of Colorado?
Based on Colorado law, rent is considered late anytime past the due date established on the rental agreement. This is based on the Colorado state statute C.R.S. 13-40-104. After the rent has been considered late, the landlord can then opt to file a notice to quit document. This document will provide the tenant with the opportunity to rectify any violations of the rental agreement within 10 calendar days.
Types of Eviction Notices
Unlike other states, Colorado only has a 10-day notice to quit, which is designed to alert tenants that they are in violation of the lease agreement.
A 10-Day Notice to Quit
This eviction form is designed to notify a renter that’s fallen outside of the letter of the lease agreement that he or she is in violation. After this notice to quit is received by the tenant, they will have 10 days to either comply with the terms of the agreement or move out of the property.
Some reasons for receiving one of these 10-day notice to quit forms can include the tenant smoking on a property that doesn’t permit smoking, having pets in a non-pet-friendly property, or repeated noise violations. For this notification to be furnished, it’s absolutely essential that the rental agreement plainly states that these activities are outside of the terms of the rental.
This form is designed to notify any renter of non-compliance, and as a result, the tenant can utilize this period to comply by either paying the rent that’s in arrears or ceasing the activities that caused them to fall outside of compliance of the rental agreement. The tenant can also opt to leave the premises during this period as well.
Any landlord that’s looking to present this document to a tenant must first ensure that they are in compliance of Colorado laws. The notice will have to clearly state the dates in question, the landlord’s name, the address of the landlord or management company, any related emails, and phone numbers where the landlord can be reached. After notification is provided, the landlord will have to file the action with the court system in the county where the property is located.
Should the tenant fail to comply with the 10-day notice to quit’s specifications, the landlord can then file an action with the same county court. This will include paying a nominal fee for filing both the compliant (JDF-99) and summons (CRCCP 1A) documents.
Following this, if the tenant continues not to comply, a court date will be set, and a summons will be sent out via a civil process server. This must happen in at least seven days before the scheduled court date. At this point, the tenant may answer the complaint and appear at the hearing. Should the defendant not respond, the landlord can then file for a motion or judgment as well as an order to facilitate eviction proceedings. Once again, if the tenant fails to respond within 48 hours, the landlord can then file for a Writ of Restitution, which will force the renter to vacate the premises.
How to Write an Eviction Notice Letter in Colorado
Should a need to file one of these forms arise, it’s essential that the landlord provide all of the most pertinent information so that they are in compliance with Colorado law. It’s crucial to note that certain steps will need to be undertaken so that everything is laid out for the process. These include:
Securing a Third Party
Based on Colorado law, landlords must ensure that a third party, which is known as the Delivery Agent, can deliver the notice to the renter. This Deliver Agent can either be a personal or mail service.
Firmly Establishing Reasons for the Notice
It’s imperative that the notice to quit states plainly the reasons for the proposed eviction. This provides the tenant with potential recourse to either leave the premises or correct the issues laid out in the notice.
A Clear Demarcation of the Recipient of the Notice
As the landlord, one of the first things that will need to be established is who the notice is intended for. For this reason, the very first line on the notice needs to be “To:” so that any renters can understand the recipient. In addition to the primary tenants, subtenants must also be mentioned in this part of the notice.
Establishment of the Location of the Property is Required
The next section can start with, “The premises herein referred to is located in the City of,” and from here, all of the pertinent details of the property can be established. These will include the physical location, the building number, and the zip code.
Define the Rental Agreement
Next, it’s essential to establish the rules of the rental agreement as they pertain to this current situation as well as the signing date to indicate that the tenant is in violation. The date of agreement signing must contain the calendar day, month, and year. It’s also important to start this section with, “In accordance with your lease agreement…”
Define the Reason for the Notice
When establishing a reason for the notice, the landlord will either need to state that the issue is non-payment or non-compliance to the rental terms. For non-payment, there will be a need to establish that the amount unpaid must be furnished within 10 days. In addition to this information, the landlord will also have to establish the payee of the owed amount. After this, the amount owed should also be established in both letters as well as standard enumeration.
Following this, the period of missed payments must also be established, so if the tenant hasn’t paid during the period of July to October, then this four-month period must be clearly stated as well as the due amount. Finally, for non-payment, the landlord must also clearly state that the tenant can either deliver the unpaid amount or leave the premises.
For non-compliance-based notices, the landlord will need to establish that a remedy for the violation must be furnished within a 10-day period. It is also imperative that landlords establish clearly the reason for the non-compliance noted, so if this issue is predicated on having an unauthorized pet, then this must be plainly stated in this section. Within this 10-day period, the renter must furnish evidence that this deleterious action has been cured and that this issue will not reoccur.
Finally, at the base of the form, the landlord will need to ensure that his or her signature is present. This signature must be written on an established blank line, and the landlord’s name must be printed as well for verification purposes. This information should be printed above the “Certification of Service” portion of the 10-day notice.
Certification of Service
In the state of Colorado, the aforementioned Delivery Agent is a requirement of the 10-day notice process. In this section, the delivery agent will state, “I certify that on the ___day of ____, 20__ I served this notice to ______by…” From this point, there should be a checklist that deciphers whether the notice was delivered by hand through personal delivery, delivered to a family member or other household member, or sent by first class mail that is addressed to the tenant. It’s essential that the delivery agent has at least marked off one checkbox to verify that the material was sent and received by the tenant.
Following this, the delivery agent is required to sign on a line to verify delivery. This is the only way that the notice can be certified to have been delivered.
The Eviction Process
Once the 10-day notice has been furnished and delivered to the renter, the landlord will have to wait the required time for the tenant to respond. During this period, the landlord can continue with legal proceedings so that any real property and cash owed can be provided. Should a tenant not comply either with a court’s ruling or does not appear in court, a petition can be filed by the landlord as well as the associated documents that will help them begin the eviction process. The filing of this document will need to be provided in the county/town in which the property is located.