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Colorado Eviction Notice Forms | Process and Laws

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The Colorado Eviction Notice Forms may be utilized in the event that a tenant fails to pay rent when it is due or otherwise fails to abide by the terms of the lease. This form is called the Demand for Compliance or Right to Possession Notice (JDF-101). There is also a Termination Letter to provide notice to the tenant that the landlord intends to terminate a Month-to-Month Lease Agreement. If the landlord has provided the required notice and the tenant fails to respond, the landlord may institute an action in the County Court in which the property is located. The landlord must file a Complaint (JDF-99) and a Summons (CRCCP 1A) with the court and pay a filing fee. The tenant may reply to the complaint using the Answer Form.

By Type (2)


3-Day Notice to Quit (Non-Payment & Non-Compliance) – This form is used to provide notice to a tenant who is in violation of a lease. The tenant will have three (3) days to either comply with the terms of the lease as set forth in the notice or leave the premises.

Download: Adobe PDF (Form JDF-101)

 

 


Month to Month Termination Letter – This form may be used when a landlord seeks to terminate a lease with the tenant. The landlord must comply with the notice requirement based on the amount of time the tenant has occupied the property.

Download: Adobe PDF (JDF-99)

 

 


Table of Contents

Eviction Laws

  • Rent Grace Period: As indicated in the lease agreement. C.R.S. 13-40-104
  • Non-Payment of Rent: 3 days. § 13-40-104(d)
  • Non-Compliance: 3 days. § 13-40-107.5(4)(a)
  • Termination (Month-to-Month Lease): § 13-40-107
    • 1 year or longer – 91 days.
    • 6 months to less than 1 year – 28 days.
    • 1 month to less than 6 months – 7 days.
    • 1 week to less than 1 month – 3 days.
    • less than 1 week – 1 day.
  • Eviction Lawsuit: Removal of Unauthorized Persons. § 13-40.1-101

Court Forms

Demand for Compliance or Right to Possession Notice (JDF 101) – As opposed to the Notice to Quit (below), this document provides the demand for compliance to the covenant stated in the document or the deliverance of possession to the landlord.

Notice to Quit – This is the first form delivered to the tenant to let them know that their tenancy will be terminated and that they must vacate the residence on the date specified therein.

Complaint (JDF-99) – Served on the tenant and filed with the court should the individual fail to respond to the Notice to Quit or Form JDF 101 in the given timeframe. This begins the eviction process.

Summons (CRCCP 1A) – Filed with the court in conjunction with the complaint. It can then be served on the tenant notifying them that they are due in court at the date specified therein. It also provides instructions with regard to their response in either denying or complying with the claims made in the Complaint.

Answer Form – To be served on the tenant with the summons and complaint to provide them the opportunity to deny the charges against them.

Affidavit of Service – Used to prove that the necessary documents were served on the defendant. Should be filed with the clerk on or before the court date.

Motion for Judgment – This form indicates to the court what the landlord is demanding in the case, either money, possession, or both.

Order – This document indicates the monetary value awarded to the landlord and the return of possession of the property to the plaintiff.

Writ of Restitution – To be completed should the tenant fail to vacate the premises within 48 hours of the judgment being passed against them.

When is Rent Late?

Rent is due on the date specified in the lease agreement according to C.R.S. 13-40-104. A landlord may issue a notice requiring a 3-day opportunity to pay all back-rent or remove themselves from the premises.

How to Evict (Process)

The eviction process involves first notifying the tenant of the intent of the landlord and if the tenant does not comply, filing an action with the County Court where the property in question is located.

Step 1 – Provide requisite notice to the tenant. If the tenant is in violation of the lease, the landlord may provide the 3-Day Notice to Quit (Non-Payment & Non-Compliance). If the landlord seeks to terminate the lease, the landlord may provide a Month to Month Termination Letter in compliance with Section 13-40-107.

Step 2 – If the tenant fails to comply with the notice, the landlord may file an action with the county court by filing the following documents and paying the requisite $97 fee:

Step 3 – The court will set a court date and then you must serve the filed forms on the tenant, also known as the defendant, using a civil process server. The service must be completed at least 7 days before the court date. The process server will provide an affidavit of service for the landlord to file with the court.

Step 4 – The Defendant may Answer the Complaint and the court will decide at the hearing who is entitled to possession and if there are any damages. If the Defendant (tenant) does not respond, the landlord may file the following documents in order to obtain a judgment:

Step 5 – If the tenant has not responded within 48 hours after judgment, the landlord may file a Writ of Restitution to force the tenant to vacate.

(Video) How to Evict a Tenant in Colorado

How To Write (Notice To Quit)

Download: Adobe PDF, Microsoft Word (.docx), Open Document Text (.odt)

Step 1 – Acquire Your Copy Of The Colorado Notice To Quit

The presented document can be used either as a “Notice To Quit” or a month-to-month lease termination notice and can be downloaded then developed as a “PDF,” “Word,” or “ODT” file, depending upon your preference. The designated buttons displayed as captions are available for your use to access this document.

 

Step 2 – Identify The Colorado Tenant Who Has Defaulted

All notices must clearly identify the individual or party that is the intended Recipient. The blank line directly following the greeting “To” at the top of the page will anticipate your entry of the Notice Recipient’s full legal name. This should be written exactly as it was recorded on the concerned lease. 

 

Step 3 – Report The Concerned Colorado Property’s Location

The next task will be to deliver another common element of a notice concerning a property. The address of the property’s location will need to be used to supplement the first statement’s language. Locate the phrase “City Of,” then document the Colorado City where the property being discussed is located. The next portion of this statement will seek the “…County Of” and “Zip Code” of this property displayed on the blank lines calling for this content. The fourth blank line in this sentence follows the term “…Number And Street As.” This term refers to the building, house or structure number of the leased property and the street/road/route number or name of the premises attached to the violated lease. Furnish these items, while bearing in mind, that someone reviewing this document must be able to use this information to physically view and access the property.  If the premises being discussed is found in a larger structure and a unit, suite, or apartment number must be located to access it, then record the unit number on the blank line after the abbreviation “Apt.” 

 

Step 4 – Produce A Recording Of The Violated Lease

One last preliminary topic must be addressed before continuing. The lease that requires Tenant action or the lease that will be terminated through this notice will have to be clearly referenced. This is accomplished nicely by simply documenting it’s signature date. Locate the sentence beginning with the words “In Accordance With Your Lease…” then fill in the calendar day of the month recorded as the agreement’s signature date on the first blank line.  The sentence we are completing will continue with two more blank spaces that must be satisfied with your report on the lease’s signature date. Report the month then the two-digit year of this date on the next two available spaces.   

 

Step 5 – Indicate The Nature Of The Violation And Its Required Correction

This document is geared to reach one of several goals depending upon your needs. It will be up to you to name the purpose of this notice and complete its wording in an appropriate and lawful manner. If you are sending this notice simply to terminate a month-to-month agreement, then skip to the sixth step of these instructions and leave the section titled “Non-Payment Of Rent & Non-Compliance” unattended. To send this notice to a violating Tenant, however, you must fill out this section by first indicating whether the Tenant’s violation is a “Non-Payment” or the result of the Tenant’s “Non-Compliance.” Mark the checkbox next to the word “Non-Payment” if the Tenant has an unpaid rent balance that he or she must pay in order to retain possession of the property.  If you have marked “Non-Payment,” then you must continue through the wording of this statement to the first blank line. Use this to display the full name of the Agent authorized (by the Landlord) to receive the delinquent payment.    Now that you have informed the Tenant that he or she has reached a dangerous level of “Non-Payment” and who this may be rectified with, you must name the full amount that is owed on the next two blank lines. The first of this set anticipates a written amount while the second line (after the dollar sign) expects a numerical entry of this amount. Since this first option assumes the subject matter to be a defaulted rent amount, a report on the period that remains unpaid has been structured. Thus, for the final segment of this choice, fill in the rent amount on the blank line before the words “Due From” (excluding any late fees reflected above), then use the final two sets of available lines to record the first calendar date and the last calendar date of residency where the Tenant did not submit the owed rent. If this notice is the result of the Tenant’s “Non-Compliance” then locate the second checkbox bearing this label and mark it. The blank space this selection presents must be used to call out the Tenant violation in a specific matter. This statement will contain the wording informing the Tenant that he or she has three days to comply but will require a reasonable description of the Tenant violation supplied to its contents. If there is not enough room, you may cite an attachment or simply insert the space you require.    

 

Step 6 – Use This Document To Give Notice Of Termination If Applicable

If this notice must be sent to terminate a current month-to-month lease agreement, it can be used by either the Landlord or Tenant. Therefore, the Sender must be identified when presenting its purpose to the intended Recipient. By marking one of the checkboxes in the “Lease Termination (Month-To-Month Tenancy)” section, you will automatically identify yourself before providing the required termination date. This means if you are the Landlord of a month-to-month lease that must be terminated here then you must mark the first checkbox and document the last calendar date of residency using the three spaces after the wording “…Their Lease Shall Be Terminated On The.”  Make sure to date this according to the schedule that is presented after the words “…Length Of Tenancy As Follows.” In our example, a one-year month-to-month must be terminated by this notice (dated January 1, 2020), therefore, the termination date must be no earlier than March 2, 2020.     If you are the Tenant in a month-to-month tenancy that must be terminated, then mark the checkbox corresponding to the words “I Am Your Tenant…”  The termination date that you wish applied through this notice will need to be reported across the available blank spaces as a two-digit calendar day, a month name, and a two-digit calendar year. Note: This date must comply with the law as this statement dictates. 

 

Step 7 – Finalize This Notice With An Authorized Signature Party’s Execution

This notice will only be considered a legal one that must be taken seriously if it is signed by the Sender. For this effect, you must print this document (2 copies) then sign your name on the blank line labeled “Landlord/Agent Signature” for each copy. 

 

Step 8 – Verify The Successful Delivery Of This Paperwork To The Intended Recipient

The service of this notice must be easily verified in case the courts are called upon to evaluate, and possibly intervene upon, the situation. Naturally, the successful delivery of this paperwork can only be authenticated by a testimony from the Agent serving this notice. The bottom of this page “Certificate Of Service” must be filled out and returned by the Delivery Agent. When you have received this document from the Agent, this section must be completed. The first item of review is the delivery date which the Agent should have supplied as a two-digit calendar day, month, then two-digit calendar year.      The next piece of information that must be present on this verification is the full name of the individual who has physically received this notice. This may be the name of the intended Recipient or a logical alternative such as a spouse, adult household member, or employer.      Notice that below the above content is a set of checkbox statements. One of these must have been marked by the Delivery Agent as documentation as to how this paperwork was delivered to the Recipient above. In this way, you can identify if this notice was delivered directly to the Recipient by the Delivery Agent, to “A Member Of His/Her Family Or Household Or Employee Of Suitable Age…,” or by “First-Class Mail.” In the example below, this notice was delivered directly to the intended Recipient.         The final task the Delivery Agent would have completed is the “Signature” line. The only way the Delivery Agent may attest to the delivery of this notice as it was defined above will be to sign his or her name on the “Signature” line.

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