Notice to Quit
Your landlord may serve you with a Notice to Quit for many reasons. Most commonly, your landlord may use the Notice to Quit to tell you that (a) you must move because he or she does not want to renew your rental period, (b) you have violated the same provision of your lease on more than one occasion, or (c) you have committed a substantial violation. Regardless of your landlord’s reason, the Notice to Quit must state a date and time by which you need to move. It must also be given to you or someone else living on the property who is over the age of 15 or must be posted in an easily visible place on the property.
Not Renewing Agreement
Your landlord may request that you move without giving a reason, but he or she must provide you with sufficient notice under the law before filing an eviction case. The amount of time your landlord must give you to move will depend on the rental period and your agreement. For example, with a month-to-month agreement, landlords must give tenants at least seven days’ notice to move. For an at-will agreement, when there is no written lease, landlords must give tenants at least three days’ notice to move. If your rental agreement ends on a certain date, your landlord may not have to give you any notice before filing a case with the court. For more information on the amount of time you landlord must give you to move, read Colorado Revised Statutes § 13-40-107 (link to law below).
Repeat Violation
If your landlord has already given you a Demand for Compliance for violating the same provision of the rental agreement, he or she may give you a Notice to Quit detailing your violations and giving you three days’ notice to move (with no opportunity to come into compliance). Your landlord may file an eviction case against you if you do not move within three days after the Notice to Quit is given to you or posted on the property. When your landlord files a case to evict you for a repeat violation, he or she will have to prove at trial that you actually violated the same provision of the lease on multiple occasions. For more information on your landlord evicting you for violating your agreement, read Colorado Revised Statute § 13-40-104(1)(e) & (e.5) (link to laws below).
Substantial Violation
If your actions or those of your guest endanger the property of the landlord or anyone else living on or near the property or if you or your guest commits a violent or drug-related felony or public nuisance on or near the property, your landlord may give you a Notice to Quit instructing you to move within three days’. If you do not move within three days after the Notice to Quit is given to you or posted on the property, your landlord may file an eviction case against you. When your landlord files a case to evict you for a substantial violation, he or she will have to prove at trial that you actually committed a substantial violation. For more information on substantial violations, read Colorado Revised Statutes § 13-40-107.5 (links to laws below).
Next Steps
Once you have been given the Notice to Quit or it has been posted on the property, you have the amount of time specified on the Notice to Quit to move. If you move, you may still be liable for any fees and costs that your rental agreement allows your landlord to recover. If you do not move within the time period, your landlord may start an eviction case against you by filing a Summons and Complaint with the court.
Links to Forms & Laws
Law for the Notice to Quit
Colorado Revised Statutes § 13-40-107
Unlawful Detention Defined
Colorado Revised Statute § 13-40-104(1)(e)&(e.5)
Termination of Tenancy for Substantial Violation
Colorado Revised Statutes § 13-40-107.5
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