I Do Not Want to Renew our Agreement or We Do Not Have an Agreement (written or verbal)
Ending Agreement or No Agreement
The landlord may request that a tenant moves without reason, if the landlord gives the tenant sufficient notice. The amount of time you must give your tenant will depend on the rental period and your agreement.* For example, with a month-to-month agreement, the landlord must give the tenant at least seven days’ notice to move. For an at-will agreement, when there is no written lease, the landlord must give the tenant at least three days’ notice to move.
*If your rental agreement ends on a date certain, you do not have to give your tenant notice and may file a case immediately after the time passes, and your tenant does not move.
Steps:
- Complete the Notice to Quit including the date by which your tenant must move. For more information on the amount of time you must give your tenant to move, read Colorado Revised Statutes § 13-40-107 (link to law below).
- Give a copy of the Notice to Quit to the tenant or someone else living on the property who is over the age of 15. If no one is home, post the copy in an easily visible place on the property. Keep the original Notice to Quit to file with the court. For more information on serving the Demand for Compliance, read Colorado Revised Statute § 13-40-108 (link to law below).
- The tenant will have the applicable amount of time to move from the property. If the tenant does not move, you may file an eviction case against your tenant. For more information on evicting your tenant for violating your agreement, read Colorado Revised Statute § 13-40-104(1)(e)&(e.5) (link to law below).
- To file a case, complete the Summons in Forcible Entry and Unlawful Detainer and the Complaint in Forcible Entry and Unlawful Detainer. Attach the original Notice to Quit to the Complaint. Submit the forms along with a blank Answer under Simplified Procedure to the court in the county where your rental property is located. You will need to pay the court fee or complete the Motion to File Without Payment and Supporting Financial Affidavit and have it approved.
- Serve each tenant (defendant) with a copy of the Summons, Complaint, and Answer at least seven days before your scheduled court date.
- You must appear at your scheduled court date. If your tenant does not appear you may request that a default judgment enters against him or her. If the tenant does appear, he or she may attempt to negotiate an agreement with you or may file an Answer responding to your claims.
- If you are unable to agree and your tenant files an Answer, the clerk will schedule a trial in front of a judge. You must appear at the trial and should bring any witnesses or evidence you think will help you prove your case.
- At any point, if the judge awards you possession of the property, you will be able to request that the court issue you a Writ of Restitution after 48 hours.
Links to Laws
Notice to Quit
Colorado Revised Statutes § 13-40-107
Service of Notice to Quit
Colorado Revised Statute § 13-40-108
Unlawful Detention Defined
Colorado Revised Statute § 13-40-104(1)(d)
Links to Forms
Summons in Forcible Entry & Unlawful Detainer (CRCCP 1A)
Complaint in Forcible Entry and Detainer (JDF 99)
Answer Under Simplified Civil Procedure (CRCCP 3)
Motion to File without Payment and Supporting Financial Affidavit (JDF 205)
Stipulation in Forcible Entry and Detainer (FED) Eviction (JDF 102)
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