Last Updated on December 4, 2023 by Kelvin Nielsen
To terminate a lease, a landlord must have a legitimate reason to do so. In other words, you cannot evict the tenant from your property for just any reason; it must be valid.
So, what exactly is a “just cause” eviction? A just cause eviction is a law in Colorado that prohibits landlords from evicting their tenants without a valid reason.
This is designed to protect tenants from illegal evictions, as well as to protect a tenant’s right to quiet enjoyment of their rented premises. (You can read more about tenants’ rights in Colorado here).
The following is everything you need to know when it comes to just cause evictions in Colorado.
Related Post: How to Report a Landlord in Colorado: A Clear Guide
What are the Grounds for Just Cause Eviction in Colorado?
As per Colorado law (Colorado Statutes Title 38 Article 12), a landlord has a right to evict a tenant from their rental property. However, there is a caveat to that right; the landlord must have a just cause to carry out the eviction.
As a landlord, you may be able to evict a Colorado tenant for any of the following reasons.
#1: Failure to pay rent.
If a tenant is unable to pay rent when it is due, you may be able to evict them from your rental property. You must begin the eviction process by serving the tenant a 10-Day Notice to Pay.
#2: Violation of the lease agreement.
Once a tenant has signed a lease, they have an obligation to abide by the terms of the lease. Such as, abiding by the subletting rules, smoking rules, and not cause negligent property damage.
If the tenant does any of these things, nonetheless, you may be able to evict them by serving them an appropriate notice. This would typically be a 5-Day Notice to Comply.
#3: Not having a lease.
You may also be able to evict a tenant who doesn’t have a lease in Colorado. Such a tenant is referred to as a holdover tenant or tenant ‘at will’. Here is a step-by-step process you should follow when evicting such a tenant.
#4: Illegal acts at the property.
Examples of illegal activity in Colorado include physical harm to a person, violence or drug-related felonies, and criminal acts that violate federal, state, and local laws.
To evict the tenant, you must serve them a 3-Day Notice to Vacate. This will give the tenant 3 calendar days to move out.
What is a No-Fault Eviction in Colorado?
There are some exceptions to just cause evictions in Colorado. As a landlord, you may also be able to evict a tenant for reasons that result in the tenant’s wrongdoing. The following are the reasons.
- To convert or demolish the rental property.
- To make substantial renovations or repairs to the rental property.
- To move into the rental property themselves or their family member.
- To withdraw the property from the rental market.
You must, however, provide the tenant with proper notice before requiring the tenant to leave for any of the aforementioned reasons.
If the lease is fixed, the landlord must provide the tenant with a notice of at least 91 days. The lease can, however, specify for a much longer period. In a periodic agreement, you must provide the tenant with a notice of at least 21 days.
In the notice, you must specify when the tenancy will terminate and the reason for the eviction. Also, it must be written and you must serve it to the tenant either in person or by mail.
Frequently Asked Questions (FAQs): What Is A Just Cause Eviction in Colorado?
Q: Is there a no-cause eviction law in Colorado?
A: No, currently, Colorado doesn’t have a no-cause eviction law. There was, however, a bill (House Bill 1171 in 2023) that was introduced in the 2023 legislative session that would have barred landlords from evicting tenants without a just cause. The bill did not pass!
Q: Is a notice to quit an eviction in Colorado?
A: Yes, it is! A notice to quit is the first step in a tenant eviction process. It describes the violation the tenant has committed, for instance, failing to pay rent, and the effective date of lease termination.
A 3-day eviction notice, for instance, is served on a tenant who commits an incurable or repeat violation. Such violations include excessive property damage, criminal or illegal activities, ongoing noise violations, and repeated violations of the lease.
Q: What is a 30-day demand for rent or possession in Colorado?
A: This is a notice that landlords must provide to tenants in federally subsidized housing before filing an eviction lawsuit in court.
There you have it – everything you need to know when it comes to a just cause eviction in Colorado. If you have any questions, please leave a comment below for expert advice.
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.