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Colorado Eviction Noticsv-servis24.ru | Process and Laws

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The Colorado Eviction Noticsv-servis24.ru 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. 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 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.

LawsArticle 40 (Forcible Entry and Detainer)

Table of Contents

Types of Notices

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 days to either comply with the terms of the lease as set forth in the notice or leave the premises.

Month to Month Termination Letter – Must be terminated in accordance with Section 13-40-107. 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.

When is Rent Late?

Rent is due on the date specified in the lease agreement according to C.R.S. 13-40-104 subsection (1)(d). A landlord may issue a notice requiring a three-day opportunity to comply or quit 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  where the property in question is located.

Step 1 – Provide requisite notice to the tenant. If the tenant is in violation of the lease, 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, 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, landlord may file a Writ of Restitution to force the tenant to vacate.

How To Write (Notice To Quit)

1 – Gather Your Paperwork

Consult your records and keep a copy of the Lease the Tenant violated handy. You will need to report information directly onto this form as it appears on the Lease. When you are ready, you may download the Colorado Notice to Quit form by selecting the button labeled “PDF,” “ODT,” or “Word.” For our purposes, select PDF.

2 – Naming the Recipient

The Recipient of this Notice must be addressed at the beginning of this document. This may be a Tenant, Landlord, or Landlord Agent. Make sure to record the Recipient’s Full Legal Name, as it is reported on the violated Lease, on the first blank space after the title.

3 – The Physical Address Of The Premises Must Be Documented

The Full Address of the Property concerned with the Lease Violation should be documented precisely as it is recorded on the lease in question. The next few blank lines will be devoted to this report.

Find the phrase “…In The City Of,” then record the City where the leased Property is located on the blank lines that follow it.

On the blank space following the words “County Of,” fill in the County where the Property is located.

Now, we will need to fill in the Zip Code where the leased Property is located on the blank space after the words “Zip Code.”

Finally, we must report the exact Street Address of the Leased Premises. Find the words “…Designated By The Number And Street As” then, document the Building Number and Street Name on the empty space provided. If there is an Apartment or Suite Number, then record this information on the last blank space in this paragraph.

4 – Define The Nature Of The Lease Violation

Now we will have to provide a detail on the type of Lease Violation that has occurred. Two statements, each with its own corresponding check box, have been provided. Only one may be selected.

If the Nature of the violation is a Non-Payment from the Tenant, then check the first box. This statement will need some information for it to be effective. You will need to give the Tenant three days to correct the Non-payment by submitting a payment to the Undersigned or the individual you name on the first blank space in this paragraph. The second and third spaces in this paragraph must have the unpaid amount of money the Tenant must pay to remedy nonpayment.

Below this, fill in the rent amount the Tenant neglected to pay on the first blank space. Then use the blank lines that follow to enter the Date Range the unpaid rent applies to.

Mark the second check box if the nature of the  Lease Violation is Non-Compliance. In addition to filling in this check box, you must provide a detail of the violating behavior the Tenant is guilty of on the blank space provided in the corresponding statement.

5 – Verify The Issuing Party And The Date Of Termination

If this Notice is being issued by the Landlord and it is to Terminate the Lease, then select the first checkbox under the heading Month-to-Month Tenancy. This paragraph will assume the Landlord is issuing a Termination to a Month-to-Month Tenancy. Therefore, if marking the first checkbox, some information will be required to provide some details. The start date of the Notice will be upon the tenant’s receipt of this document, so the landlord will need to make an educated guess regarding this. On the blank lines in this paragraph, we will need to enter the last Calendar Date the Tenant may be on the Premises before needing to surrender it back to the Landlord (or Landlord Agent). The Legend at the bottom of this choice will provide the number of days from this Notice’s Date of receipt number of days’ notice the Landlord must give in this instance will be dependent on how long the Tenant has been leasing the Property. A small legend has been provided to the Landlord may give the appropriate notice to the Tenant. Make sure to give the appropriate notice according to the chart below or the Legend below this choice (1+ years: 91 days, 6-12 months: 28 days,1-6 months:21 days, 7 to 30 days:3 days, less than 7 days: 1 day).

If the Tenant is issuing this Notice, then fill in the second checkbox. The Tenant must also follow the requirement of providing a reasonable amount of time from the date of this document’s receipt before turning the premises over to the Landlord. Enter the last Date the Tenant will have the premises using the three blank spaces in this paragraph. This Date must comply with the Legend (of required notice) below this choice.

6 – The Execution Of This Notice Is Dependent On The Landlord’s Signature

The last Notification Statement on this page will bring this Notice to a close. Below it is a signature line. The issuing party, regardless of whether it is a Landlord or a Tenant, must sign the blank line labeled “Landlord/Agent Signature.”

7 – The Certificate Of Service Requirements Must Be Satisfied

Each purpose of this document will be dependent upon its Receipt. That is, the amount of Notice given must begin on the Date the Recipient first has this Notice to read. This Date and the Method of Delivery must be documented properly by its Deliverer.

In the Certificate Of Service Section, the Deliverer of this paperwork must record the Date of a successful delivery by supplying the Calendar Day of the Month on the first space, the Month on the second space, and the Year when this notice was delivered on the third space of the first sentence.

Then on the second blank space, the Deliverer must document the Full Name of the party who has received this Notice.

The deliverer will need to produce a report on how this document was delivered. Three check boxes have been supplied for this end. The Deliverer of this Notice may only check one of the boxes that apply.

If this Notice has been delivered directly (and in-person) to the intended Recipient of this document, the first checkbox should be marked.

If the Deliverer has released this Notice to someone on the same Premises (home or business) as the intended Recipient, the second checkbox should be marked.

In some cases, the Deliverer will have to have this delivered by First-Class Mail to the intended Recipient. If this is the case, the Deliver must mark the third checkbox.

The Deliverer must substantiate this report by signing the “Signature” line at the bottom.

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