Eviction Notice Information for Colorado Landlords

Colorado notice periods at a glance

The table below paraphrases commonly cited Colorado notice periods for residential tenancies. It is background information, not a determination that any of these periods applies to your particular tenancy — always confirm against the current statute.

What the Colorado statutes generally provide

Colorado spreads its rules across C.R.S. § 13-40-104 (unlawful detention and the demand periods), § 13-40-107.5 (substantial violation), § 13-40-108 (service of the notice), and § 38-12-1303 (the for-cause requirement added by HB24-1098). Published summaries commonly highlight:

• The 10-day default. Where a tenant holds over after defaulting on rent, the statute describes ten days' written notice requiring payment of rent or possession of the premises.
• The five-day exception is narrow. An "exempt residential agreement" is defined as a residential agreement leasing a single family home, by a landlord who owns five or fewer single family rental homes, and who provides notice in the agreement that the ten-day period does not apply. Both the ownership limit and the lease language are part of the definition — a landlord who qualifies on unit count but never put the language in the lease generally does not get the shorter period.
• Substantial violation is fast and unforgiving. Section 13-40-107.5 is generally described as supporting a three-day notice to quit with no cure right. Because it skips the cure step entirely, it draws scrutiny; landlords typically involve counsel before using it.
• Cause is now required. HB24-1098, codified at § 38-12-1303, generally requires a landlord to rely on an enumerated ground or to use the no-fault process. No-fault grounds such as owner occupancy, sale of the property, or substantial repairs are generally described as requiring at least 90 days' written notice.
• Service is by delivery, substitute delivery, or posting. Section 13-40-108 describes delivering a copy to a known tenant occupying the premises; leaving the copy with a person or a member of the tenant's family older than fifteen who resides on or is in charge of the premises; or, where no one is on the premises after attempts at personal service at least once on two separate days, posting the copy in a conspicuous place on the premises.
• Certified mail appears in one specific place. The statute names certified mail and commercial mail couriers with proof of delivery in the subsection addressing tenants who have given the landlord written or actual notice that they are a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse — where personal service must be attempted and, after three failed attempts, service is perfected by posting plus certified mail or courier. It is not framed as a general-purpose alternative to the methods above.
• The Judicial Branch publishes the notice forms. Colorado Courts provides JDF forms covering the notice stage — Demand for Compliance (JDF 99A), Notice to Terminate Tenancy (JDF 99B), and Notice of No Fault Eviction (JDF 99C) — along with the Affidavit of Service (JDF 98) used later in the case. Starting from the current official form is generally easier than drafting from scratch, and the Judicial Branch revises them periodically, so download rather than reuse.

The descriptions above paraphrase publicly available statute text and guide summaries. The actual language and effect of each statute is governed by the official text and any subsequent amendments or judicial interpretations. Read the current statute directly before relying on any point above.

Frequently asked questions

How many days is an eviction notice in Colorado?

For nonpayment in a typical residential tenancy, 10 days. Five days applies to a narrowly defined exempt residential agreement, and three days to nonresidential agreements and employer-provided housing. A curable lease violation is generally described as a 10-day demand for compliance, a substantial violation as a three-day notice to quit, and a no-fault termination as at least 90 days.

When does the 5-day notice apply instead of 10 days?

Only where the tenancy fits the statutory definition of an exempt residential agreement: a single family home, leased by a landlord who owns five or fewer single family rental homes, where the agreement itself gives notice that the 10-day period does not apply. If any of those elements is missing, the 10-day period generally governs.

Does Colorado require a reason to evict?

Since HB24-1098, generally yes. Section 38-12-1303 sets out the for-cause framework and the no-fault path. Landlords who previously ended month-to-month tenancies without stating a reason should read that section carefully — the no-fault route is generally described as requiring at least 90 days' written notice.

Can I serve a Colorado notice by certified mail?

Section 13-40-108 does not list mail as a general method. It names personal delivery, leaving the notice with a qualifying person at the premises, and posting after attempts on two separate days. Certified mail and commercial couriers appear in the separate victim-survivor provision. Landlords who mail a Colorado notice generally treat it as documentation accompanying a statutory method rather than as service on its own — confirm the right approach for your facts with a Colorado attorney.

What counts as a substantial violation?

Section 13-40-107.5 supplies the definition and the legislative declaration behind it. Because it supports the shortest notice and carries no cure right, it is the ground most likely to be contested, and the one where getting legal input first is most worthwhile.

Can I file the day the notice period ends?

Landlords generally must let the applicable period fully elapse before filing a forcible entry and detainer action. Counting rules and local practice vary; confirm with the county court clerk or an attorney.

General background: after a notice is sent

In most jurisdictions, once the applicable notice period has elapsed, the landlord may file for possession in the appropriate court — in Colorado, typically a forcible entry and detainer action in the county court where the property sits. A USPS Certified Mail receipt, which you receive by email from us, is a form of delivery documentation commonly referenced in landlord-tenant filings. Whether any specific court, judge, or filing will accept it, and whether it satisfies Colorado's service statute in your circumstances, is a matter for the landlord and the landlord's attorney to evaluate.

EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool. For contested cases, unusual facts, or any situation where you are unsure which type of notice applies or how it must be served, retain a Colorado-licensed landlord-tenant attorney before acting.

Sources

• C.R.S. § 13-40-104 — Unlawful detention defined; definitions (Justia, 2025 Colorado Revised Statutes)
• C.R.S. § 13-40-108 — Service of notice to vacate or demand
• C.R.S. § 13-40-107.5 — Termination of tenancy for substantial violation
• C.R.S. § 38-12-1303 — Cause for eviction required; no-fault evictions
• Colorado General Assembly — HB24-1098 (for-cause eviction)
• Colorado Judicial Branch — Residential Evictions self-help
• Colorado Judicial Branch — Demand for Compliance (JDF 99A)

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