Evicting a tenant is one of the most sensitive—yet sometimes necessary—aspects of property management. In Colorado, strict rules govern how eviction notices must be drafted, served, and followed up on. Get any step wrong, and your case could be delayed or dismissed, costing you time and money. This in-depth handbook arms Colorado landlords with everything they need: statutory references, practical steps, best practices, and professional insights to execute flawless eviction notice service every time.
Table of Contents
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1. Overview of Colorado Eviction Notices
An eviction notice is the tenant’s formal, legally required warning that they must cure a lease violation or vacate the property. In Colorado, eviction notices are governed by:
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Colorado Revised Statutes § 13-40-104.5, which sets minimum notice periods for nonpayment, lease violations, and no-cause terminations.
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Court rules on service of process—CRCP Rule 4—which dictate how you deliver these notices so that a court will recognize their validity. See the official CRCP Rule 4 PDF for full text.
Eviction notices must be precise, timely, and properly served. Below, we’ll break down each notice type, step-by-step drafting tips, service methods, and timelines to help you maintain compliance and minimize disputes.
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2. Types of Eviction Notices & Statutory Basis
Colorado landlords primarily use three eviction notices. Each corresponds to a different ground for termination and carries its own minimum notice period. Always reference the statutory text in C.R.S. § 13-40-104.5 when drafting your notice.
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2.1 3-Day Notice to Pay Rent or Quit
When to Use
Tenant is late on rent under a month-to-month or fixed-term lease.
Minimum Period
3 days (excluding weekends and legal holidays).
Statutory Citation
“If the tenant fails to pay rent when due, the landlord may deliver a written notice…giving the tenant three days to pay the rent or quit.” (C.R.S. § 13-40-104.5(2))
Key Tips
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Specify the exact amount owed, including rent period.
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State the date rent became delinquent.
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Provide landlord’s address for payment and specify that failure to pay will lead to termination.
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2.2 10-Day Notice to Cure or Quit
When to Use
Tenant commits a non-rent lease violation (e.g., unauthorized pet, noise, subletting).
Minimum Period
10 days to cure the violation or vacate.
Statutory Citation
“For any other breach of the lease or rental agreement…the landlord may deliver a written notice…allowing ten days to cure or quit.” (C.R.S. § 13-40-104.5(3))
Key Tips
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Reference the specific lease clause violated.
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Clearly describe the violation in simple terms.
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Explain how tenant can cure—e.g., remove unauthorized pet by [date].
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2.3 30-Day (Non-Renewal) Notice
When to Use
Terminating a month-to-month tenancy without cause.
Minimum Period
30 days before the end of a rental period.
Statutory Citation
“To terminate a residential tenancy without cause…landlord must deliver written notice at least thirty days prior to termination date.” (C.R.S. § 13-40-107(1))
Key Tips
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No reason needs to be stated.
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Notice period must align with rent cycle—e.g., first of month to first of next month.
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Confirm delivery at least 30 days before tenancy end.
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2.4 Other Specialized Notices
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5-Day Notice to Comply with Covenants (HOA or other applicable covenants).
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Conditional Notices under local ordinances (e.g., health/safety code violations).
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Eviction Notices for Manufactured Homes, which follow specific statutory formats under C.R.S. § 38-12-201.
For complex or unusual scenarios, consult your local self-help eviction guide, such as the Evictions Guide (FINAL).
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3. Drafting Your Eviction Notice: Key Components
An eviction notice must include several mandatory elements to stand up in court:
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Landlord & Tenant Information
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Full legal names, current addresses, and contact details.
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Property Description
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Full address and unit number (if applicable).
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Notice Type & Statutory Reference
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E.g., “3-Day Notice to Pay Rent or Quit, pursuant to C.R.S. § 13-40-104.5(2).”
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Dates & Deadlines
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Precise date notice is delivered.
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Date by which tenant must comply or vacate.
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Amount Owed or Nature of Violation
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For nonpayment: itemized rent balance.
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For lease violations: clear description of act to cure.
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Landlord Signature & Delivery Statement
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Signed by landlord or agent, with date and method of service attested.
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Pro Tip: Use a standardized template vetted by legal counsel or reputable resources like the 1st Judicial District Eviction Process Guide (April 2024).
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4. Service of Eviction Notices: Methods & Requirements
Proper service is as critical as correct drafting. Colorado’s civil procedure rules under CRCP Rule 4 apply to eviction notices unless local statutes provide an alternative. See the 2020 Rule Change PDF for modern clarifications.
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4.1 Personal Service
Definition: Hand-delivery by a non-party aged 18+, often a professional process server.
Requirements:
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Serve during reasonable hours (8 AM–8 PM).
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Hand the notice directly to tenant or, if unavailable, to a competent adult at the premises.
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Complete a Proof of Service form detailing date, time, server name.
Why It Matters: Personal service is the gold standard—defendants rarely challenge validity.
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4.2 Substituted Service
When Permitted: After “reasonable diligence” at personal service fails.
Steps:
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Leave notice with a competent adult at the dwelling.
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Mail a copy via first-class mail to the tenant’s address on the same day.
Documentation:
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Log each personal attempt with date/time.
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Include mailing receipt or certificate.
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4.3 Posting & Mailing Requirements
In some counties, if the tenant has abandoned the premises, Colorado law allows posting notice on the front door and mailing a copy. Not all jurisdictions permit this; check local rules like the Jeffco FED Packet.
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5. Timelines, Deadlines & Tenant Responses
Landlords must track two parallel clocks:
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Compliance Period (3-, 10-, or 30-day window).
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Court Filing Deadline: Landlords may file for eviction (Complaint for Forcible Entry & Detainer) only after the notice period expires without cure or vacancy.
| Notice Type | Notice Period | Earliest Court Filing |
|---|---|---|
| 3-Day Pay or Quit | 3 days | Day 4 |
| 10-Day Cure or Quit | 10 days | Day 11 |
| 30-Day Non-Renewal | 30 days | Day 31 |
Note: If the tenant cures within the window (pays rent or removes violation), you cannot proceed—unless a provision in the lease allows repeated notices.
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6. Common Pitfalls & How to Avoid Them
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Incorrect Notice Period Calculation
Always exclude weekends and legal holidays for 3-day notices (C.R.S. § 13-40-104.5(7)). -
Improper Service Method
Don’t assume mailing alone suffices unless tenant has signed a waiver. -
Vague Violation Descriptions
Generic language invites tenant challenges—specify lease section and exact breach. -
Mismatched Dates
Notice date, compliance date, and filing date must line up precisely—double-check your calendar. -
Failing to Document
Keep originals of service affidavits, mailing receipts, and logs of personal attempts.
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7. Why Use a Professional Process Server?
Attempting service in-house can backfire: tenants evade, clerical errors occur, and judges penalize sloppy affidavits. A certified process server specializing in evictions brings:
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Expertise in Local Rules: They know each county’s unique service and filing quirks.
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Skip-Tracing Capabilities: Proprietary databases to locate tenants who move without forwarding addresses.
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Impartial Third-Party Status: Courts accept their affidavits without question.
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Fast Turnaround: Same-day or next-day service options prevent unnecessary delays.
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7.1 No Bull Process Serving’s Eviction Services
At No Bull Process Serving, LLC, we offer:
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Dedicated Eviction Notice Drafting Review (ensure your notice meets every statutory requirement).
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Personal & Substituted Eviction Service statewide.
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Skip Tracing & Abandonment Confirmations for posted-only service.
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Certified Mail & Electronic Service where permitted under our Colorado Service of Process Rules.
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Emergency & After-Hours Service for last-minute needs.
Explore all our eviction-specific offerings on the Services page or learn more About Us. Ready to get started? Contact us for a free quote.
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8. Court Resources & Further Reading
For landlord self-help and deeper dives, consult:
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Understanding the Eviction Process (1st Judicial District, April 2024)
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Self-Help Evictions Guide (Colorado Courts)
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Jeffco FED Packet (Effective 12/31/2024)
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Colorado Civil Procedure Rule 4 (Eviction Notice Service details)
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LegalClarity: Service of Process Rules
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ProofServe: Colorado Rules Overview
Learn More
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9. Frequently Asked Questions
Q1: Can I hand-deliver an eviction notice to a minor in the household?
No—Colorado requires service to the named tenant or a competent adult (16+). If only minors are present, use substituted service (leave with adult then mail).
Q2: What if the tenant pays rent on Day 2 of a 3-day notice?
If full payment arrives before the 3-day window closes, the notice is rendered void. No further action may proceed on that notice.
Q3: Are there extra fees for posting-only service?
Some counties permit posting on the door if the unit appears abandoned—but require strict proof (photos, logs). Fees vary; confirm with your local clerk.
Q4: Do I need a court order for electronic eviction notices?
Yes. Unless tenant signs a waiver, you’ll need a court order or stipulation under CRCP Rule 4(k). Always secure read receipts.
Q5: How soon can I schedule a lock-out after winning judgment?
Colorado law mandates a 48-hour sheriff’s lock-out notice after judgment. Sheriffs then schedule actual lock-out, which may take several additional days.
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10. Conclusion & Next Steps
Mastering eviction notice service in Colorado protects your property rights and ensures swift, enforceable outcomes. From understanding statutory notice periods to deploying professional servers for flawless delivery, this handbook equips you with actionable guidance.
Take action today:
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Draft or review your eviction notice against the statutory checklist above.
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Choose the correct notice type—3-day, 10-day, or 30-day.
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Serve via personal, substituted, or posting/mailing methods compliant with CRCP Rule 4.
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Track all timelines meticulously.
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Partner with No Bull Process Serving for best-in-class eviction services—visit our Services page or Contact us for a free consultation.
By following each step, you’ll reduce risk, avoid costly delays, and maintain your reputation as a professional, law-abiding landlord. Good luck—and remember: when it comes to eviction notice service, No Bull means no mistakes.