Colorado Eviction Notice Templates (2)

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Colorado Eviction Notice Templates (2)

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Last updated February 2nd, 2024

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Colorado eviction notices are documents used to inform a tenant that they have violated their lease agreement or the landlord has decided to terminate their rental contract. Colorado provides two (2) forms that cover all situations with regard to notifying a tenant of any breach of contract. In some cases, the tenant is able to cure the violation and continue renting the property. If the violation is more serious, the landlord can ask the tenant to leave the premises without the option of rectifying the offense.

There are different notice periods for each violation and for each type of rental situation. If a tenant continues to violate their lease or they refuse to vacate the premises, an eviction suit can be filed by the landlord.

By Type (2)

Notice to Terminate Lease (Form JDF-97) – Served upon a tenant by a landlord with the intention of terminating a lease agreement between the parties.

Download: PDF

Contents

Eviction Laws + Required Notices

  • Grace Period: Not mentioned in state statutes.
  • Non-Payment of Rent (§ 13-40-104(d)(p.388))
    • Residential Agreement – Ten (10) Days
    • Non-Residential Agreement – Three (3) Days
    • Employer-Provided Housing Agreement – Three (3) Days
    • Exempt Residential Agreement – Five (5) Days
  • Lease Non-Compliance (§ 13-40-104(e)(p. 388))
    • Residential Agreement – Ten (10) Days
    • Non-Residential Agreement – Three (3) Days
    • Employer-Provided Housing Agreement – Three (3) Days
    • Exempt Residential Agreement – Five (5) Days
  • Periodic Tenancy Termination (§ 13-40-107(p. 390)):
    • Tenancy of One (1) Year or Longer – Ninety-One (91) Days
    • Tenancy of Six (6) Months to One (1) Year – Twenty-Eight (28) Days
    • Tenancy of One (1) Month to Six (6) Months – Seven (7) Days
    • Tenancy of One (1) Week to One (1) Month – Three (3) Days
    • Tenancy of Less Than One (1) Week – One (1) Day
  • Substantial Violation (§ 13-40-107.5(4)(p. 392)): Three (3) Days

How to Evict a Tenant in Colorado

An eviction suit, or forcible entry and detainer, is an action that a landlord can take on a tenant who has violated their lease agreement or is otherwise remaining on the property unlawfully. These steps must be followed correctly in order to ensure the landlord obtains fair judgment.

Step 1 – Notify the Tenant

Before a tenant can be evicted from their rented property, a landlord must notify them of their breach of contract and, if the circumstances allow, permit them to remedy the situation. Notifying the tenant can be accomplished by downloading and completing one of the following forms:

The notice must be served to the tenant by a process server (with proof of service completed) and the landlord must wait the appropriate notice period before filing an eviction suit.

Step 2 – Commence Action

If the tenant fails to comply with the notice, a forcible entry and detainer action may be filed by the landlord. The landlord will need to download the following forms (and complete and sign only the first two):

Step 3 – File Documents

A copy of the lease agreement and a copy of the Notice to Quit (Form JDF-97 or JDF-101) must be attached to the Complaint form. Enough copies must be made so that the court, the tenant, and the landlord have copies of all the documents involved in the case. The landlord will have to pay a filing fee when presenting these forms to the court clerk (Colorado Court Fees (PDF)). The clerk will set a court location, date, and time by completing the appropriate fields on the Summons form.

Step 4 – Serve the Tenant

At least seven (7) days before the court date on the Summons, the landlord must hire a process server (or sheriff’s department or an eligible third party) to serve all documents to the tenant(s). The landlord is responsible for paying any fees associated with serving these papers. Furthermore, they must provide the process server with an Affidavit of Service (Form PDF-98) (number of affidavits must match the number of tenants). The server will return the original Summons and completed Affidavit of Service to be filed with the court clerk.

If personal service is not successful, the server must post the documents on the door of the tenant’s property. In addition, the landlord must mail copies of all these documents (postage prepaid, first-class mail) and complete the certificate of mailing section on the Summons form.

Step 5 – First Appearance

Both parties should appear before the court on the date marked on the Summons form. As long as the landlord and tenant(s) show up, a decision will be made based on one of the following occurrences:

  1. The parties can agree to a stipulation which means certain requirements must be met by the tenant (i.e., vacating the property, paying money owed + other costs, or remaining on the property but agreeing to specific conditions). A Stipulated Agreement (Form JDF-106 A) must be completed and approved by the court, and an Order re: Stipulated Agreement (Form JDF-106 B) must be filed at the same time.
  2. The landlord may decide that they want to discuss the matter further with the tenant at this first appearance or give them another opportunity to agree to a stipulation.
  3. The tenant files an Answer under Simplified Civil Procedure (CRCCP Form 3) to assert a defense against the suit, file a counterclaim, and request a trial, either by judge or jury. (This must happen on or before the first appearance date.)

If the tenant does not appear or if they do not file an Answer, the court may award possession and monetary judgment to the landlord. (Motion for Entry of Judgment (Form JDF-107 A) and Judgment Order (Form JDF-107 B) must be filed.) 

Step 6 – Judgment

At the trial, the court will hear testimony from both parties, and evidence may be presented. If the landlord prevails, they can file a Motion for Entry of Judgment (Form JDF-107 A) to claim possession of the property. A Judgment Order (Form JDF-107 B) must be filed at the same time and, if the motion is approved, it will be completed and signed by the court clerk. Form JDF-107 A also gives the landlord the opportunity to request monetary judgment, such as court costs, processing fees, and attorneys’ fees.

Step 7 – Writ of Restitution

Should the tenant refuse to vacate the premises within forty-eight (48) hours of the judgment date, a Writ of Restitution (Form JDF-109) can be filed with the court. The landlord will have to contact the county sheriff to execute the Writ of Restitution. Once completed, the sheriff can forcibly remove the tenant from the property.

Court Forms + Resources

Forms

Resources