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A Colorado eviction notice is used by a landlord or property management company when the tenant of a rental property violates the lease in some way. The violation may be either curable (fixable) or incurable (unable to be fixed). One of the most common reasons is owing back rent.
An eviction notice is more commonly known as a Demand for Compliance or a Right to Possession Notice. They may also be known as a Notice to Quit. An eviction notice must be given before a landlord or property management company can file an eviction lawsuit, known as a forcible entry and detainer (Colorado form JDF 99, provided by County Court). If the eviction proceeding is successful, a court order will be given to the landlord to remove the personal belongings of the tenant. Law enforcement may be called to remove the tenant if necessary. The landlord may be awarded back rent, money for damages to the property, court costs, and attorney fees according to Colorado law.
If the eviction process is successful against the tenant, it can make it difficult for the tenant to secure adequate housing in the future, especially if there was a substantial violation of the lease on the part of the tenant. As a result, it's important for tenants to understand the time frame associated with the eviction notice and contact the issuing property managers if they have questions or do what they can to try and remedy the lease violation to avoid the actual unlawful detainer process.
There are two basic types of Colorado eviction notices. They both have the same basic components:
Colorado eviction notices are more commonly known as a Demand for Compliance or a Right to Possession Notice. They may also be known as a Notice to Quit. The number of days provided to the tenant to correct the violation or leave the property depends on the reason the eviction notice is issued. They may also have specific additional components.
Although non-payment of rent is technically non-compliance with the lease provisions, they’re often addressed as separate matters. With a three day notice, the tenant has three days from the date of the notice to pay their rent or correct the violation. This Colorado eviction notice is subject to Colorado landlord-tenant law notated as CRCCP § 13-40-104(d).
If the violation is unpaid rent, the notice must list:
If the violation is a different sort of violation of the lease agreement, the notice should explain:
A Colorado Lease Termination Letter isn’t technically an eviction notice, but it does end the agreement between the landlord and the tenant. This letter is used to end the lease term of a month-to-month lease agreement. However, you must give notice based specifically on the amount of time the tenant has resided on the property as listed in Colo. Rev. Stat. § 13-40-107:
Service of a Colorado eviction notice or notice to quit of any type is a relatively simple matter. You may choose to deliver it in-person to the tenant or post it on the property in a place where it is visible, such as the front door or you may mail it to the tenant. If you post it on the property, the notice period begins the day after it is posted.
Colorado eviction notices must be written in compliance with Colorado landlord-tenant law. They must also include a certificate of service that is dated and signed by the person who serves the notice. Landlords may not begin the court process of eviction without first issuing a written eviction notice.
Also, not all evictions are legal. Landlords may not evict a tenant because the tenant has reported the property for code violations. Landlords may not evict tenants for discriminatory reasons. They also may not rely on self-help methods such as changing the locks or shutting off the utilities.
If you live in Colorado and receive an eviction notice, read it carefully. Make sure that you understand why you’ve received it. If you have questions, call your landlord or the property management company. If you want to remain on the property, take the appropriate actions before the deadline.
If you think that the landlord’s attempt to evict you is illegal, talk to a landlord-tenant lawyer. If it is, you may have the grounds to file a lawsuit against the landlord. Many law schools offer low-cost or free legal clinics where they help tenants with eviction notices and other problems. There are also legal aid clinics that may be able to help you if you cannot afford a lawyer.
Colorado landlords must comply with landlord-tenant law. This includes providing an eviction notice. A landlord cannot file a complaint with the court without having first served the tenant with an eviction notice. Landlords may not subscribe to self-help measures to gain access to the property. Those measures were described above under Legal Considerations. If a landlord or a property management company needs to learn more about their options, they should speak with a landlord-tenant lawyer.
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