Serving a Notice to Quit - Colorado Eviction Process

Serving a 10-Day Notice to Quit in Denver, Colorado

10-Day Notice to Quit in Colorado

The 10-Day Notice to Quit in Colorado is a legal document you can give to your tenant letting them know that they have ten days to fix their lease violation or pay their rent.

For tenants who are on a month-to-month tenancy, they are only given a 7-Day Notice to Quit before the end of the month.

If after the ten days, the tenant has not fixed the issue or paid their rent, you can begin the Colorado eviction process. It is important that you not get frustrated and engage in any self-eviction procedures. If you shut down utilities, change the locks, or block the tenant’s access to the property, you will face legal consequences.

Laws to Follow for Serving a 10-Day Notice to Quit in Colorado (Colo Rev Stat 13 40 107)

There are regulations you must follow when serving a 10-Day Notice to Quit in Colorado.

How to Serve the Notice

In Colorado, there are several ways that you can serve the 10-Day Notice to Quit. It can be any of the following:

  1. Delivering it in-person to your tenant.
  2. Mailing it to your tenant.
  3. Posting the notice on a visible place of the property, such as the door. In this case, the notice period starts the day after you post the notice.

The Length of the Notice

In Colorado, the notice period is 10 days. Previously, it was 3 days but it was amended by the State of Colorado on May 20, 2019.

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Information to Include in the Notice

In Colorado, your notice must include some basic information. This includes the name of the tenant and any other people who are expected to follow the terms included in the notice. It must also include the address of the rental property, the date the notice was served, and your signature as the landlord.

The eviction notice must also specify the reason for serving the notice. In case the tenant has not paid the rent, the notice must state the full amount due. It must also specify the date when the payment must be given to avoid being evicted from the premises.

If the tenant has committed criminal acts or risked the health and safety of the other tenants, it’s sufficient that the notice will simply declare the period the tenant is expected to vacate the property. There’s no remedy to their violations in this case. Further, if the tenant is also guilty of committing the same breach or violation and has been served with Demand for Compliance before, you also do not have to provide a remedy. Instead, the notice to vacate will already be adequate.

Reasons to Serve a 10-Day Notice to Quit

There are many reasons you may need to serve a 10-Day Notice to Quit in Colorado. Here are some of the most common ones:

  1. The tenant did not pay their rent and lapsed the grace period (if applicable).
  2. The tenant is guilty of violating the lease conditions.

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  1. The tenant is guilty of repetitive nuisance or performing actions that place the health and safety of other tenants at risk.
  2. The tenant is guilty of performing illegal and criminal acts in the rental property.

The Outcome of Serving a 10-Day Notice in Colorado

The outcome of serving a 10-Day Notice to Quit in Colorado will go one of two ways.

The Tenant Obeys the Notice

In this case, the tenant is given an opportunity to remedy the situation by paying their rent or fixing the violation issue(s) within the 10-day period. If they satisfy the conditions then they may continue staying as a tenant in your property.

The Tenant Disregards the Notice

If the tenant does not comply, you may proceed to file a Summons and Complaint in Forcible Entry and Detainer. The tenant is expected to file an answer on or before the return date. Not doing so will subject them to a default judgment.

If you committed violations as the landlord that led to the tenant not paying their rent then the tenant must give the court the rent with deductions from expenses that resulted from your violation.

It’s important that the tenant appears on the court especially if they have a good defense for what they did or for not paying their rent. If they refuse to be present, the court may decide to put forth a default judgment that is favorable to you and will restore your possession of the property.

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For the final hearing, you must have prepared the evidence of a tenant’s nonpayment of rent or violation of a leasing term in order to prove that the tenant is guilty. You must provide copies of the proof and copies of the lease agreement as well.

If you win the case, you must ask for a Writ of Restitution that can be accomplished within the same day. Your local Sheriff will be in charge of removing the tenant from the premises. The tenant may or may not be provided with a 24-hour notice to vacate the property. This depends on the county where they are situated.

Conclusion

Please note that this blog should not be used as a substitute for legal advice from a licensed attorney in Colorado. Laws frequently change, and this post might not be updated at the time of your reading. Please contact McGuire Property Management at (720) 402-5477 for any questions you have in regards to this content or any other aspect of your property management needs.

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