Last Updated on October 25, 2023 by Kelvin Nielsen
To evict a tenant from your rental premises in Colorado, you need to serve them with an eviction notice. Under Colorado law (Colorado Statutes Title 38 Article 12), the type of eviction notice to serve a tenant will depend on the violation committed.
A 3-day eviction notice in Colorado only applies when it comes to evicting a tenant for substantial violation of the lease or rental agreement. The following is a guide on everything to know when it comes to a 3-day eviction notice in Colorado.
What is a 3-Day Eviction Notice in Colorado?
Under Colorado law, landlords can evict tenants for a number of reasons. Including, failure to pay rent, violating a term of the lease, and engaging in an illegal act.
To begin the eviction process against the tenant, however, you must first terminate the lease. This involves serving the tenant with an appropriate eviction notice. The following table summarizes the various types of eviction notices in Colorado and the scenarios where they may be applied.
|Type of Eviction Notice||Just Cause|
|5-10 Day Notice to Pay Rent or Quit. (Colo. Rev. Stat. § 13-40-104(1)(d) (2022).)||Failure to pay rent|
|10-Day Notice to Cure or Quit. (Colo. Rev. Stat. § 13-40-104(e) (2022).)||Violation of the lease agreement (minor violation)|
|3-Day Notice to Quit. (Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5 (2022).)||Violation of the lease agreement (substantial violation)|
|21-Day Notice to Quit. (Colo. Rev. Stat. § 13-40-107(1)(c) (2022).)||Ending a month-to-month lease|
For the 3-day eviction notice to be valid, it must meet certain key requirements. It must be in writing, be served on the tenant personally or be posted on a conspicuous area of the unit, state the violation committed, and the effective date of lease termination.
3-Day Eviction Notice in Colorado | What is the Eviction Process Like?
After serving the tenant with a 3-day eviction notice in Colorado, the tenant will have up to 3 days to leave. Unlike other eviction notices, the 3 day eviction notice doesn’t give the tenant any option to remedy the violation.
You may use the eviction notice for incurable or repeat violations that can include things like:
- Excessive damage to the unit.
- Criminal or illegal activities.
- Repeated violations of the terms of the lease agreement.
- Failure to maintain a healthy and sanitary condition of the property.
- Ongoing noise violations.
If the tenant refuses to leave after the 3 days are over, you can move to court and file a lawsuit. This will cost you anywhere between $85 and $135 in filing fees. A hearing date will be scheduled.
If the judgment is in your favor, the court will issue you with a writ of restitution. This will be the tenant’s final notice to leave. If the tenant still refuses to do so, the sheriff will physically remove them from the property and re-key the unit for you.
To evict a tenant from your property, you need to follow the due process, which includes serving the tenant with an eviction notice. To evict a tenant who substantially violates the lease or rental agreement, you must serve them with a 3-day notice to quit. If the tenant refuses to do so, you can go to court and file an eviction lawsuit. (Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5 (2022).)
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.