Demand for Compliance for Lease Violations and Repeat Violations

What is a Demand for Compliance?

If your landlord thinks you violated your lease, they might send you a notice of the violation. This is usually called a “Demand for Compliance,” or a “Demand for Possession.” It’s very important that you take these notices seriously because your landlord can try to evict you. 

What must my landlord put in a Demand for Compliance? 

The Demand for Compliance is one of the first steps your landlord must take to evict you. This is why it’s important that you take it seriously and proceed with your next steps carefully. The law requires the notice to say specific things. 

It must: 

• Say the address of the home you are renting.
• Give a specific description of how your landlord thinks you are violating a “material” (significant) condition of your lease. This may include not paying rent.
  • For example, “You have a dog in the apartment in violation of the lease condition prohibiting pets.”
• Tell you that you might have the right to mediation if you receive TANF, SSI, or SSDI. 
• Tell you that you have (normally) 10 days to either:

  • Fix or cure the problem; 

    • For example, find a new home for the dog. 

    OR

  • Move out. 
• State the date and time by which you must fix the problem or move out.
• Be signed by the owner, property manager, or attorney of the landlord.
• Be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is your primary language.
• Be given to you in a specific way. 
  • The notice must be either:

    • Handed to you, or someone in your home over the age of 15; 

      OR

    • If they can't directly hand it over after making attempts on 2 separate days, then it needs to be posted in a visible place. For example, the landlord could post the notice on your front door. 

After you get this notice, you will have 10 days to fix the problem before a landlord can file an eviction against you. 

Exceptions to the 10-day requirement

There are only 3 exceptions to the landlord’s requirement to give you 10 days to fix the problem or move out before they file an eviction against you. If even one of these applies to your landlord, they have different rules they must follow. 

1. If your landlord owns 5 or fewer single-family rental homes and your lease says the 10-day notice does not apply. In this case, your landlord only has to give you 5 days to fix the problem before they can file an eviction against you. 
2. If you have an agreement to live in housing provided by your employer, your employer/landlord only has to give you 3 days to fix the problem before they can file an eviction against you.
3. If your landlord is alleging that you committed a substantial violation of the lease. Substantial violations include violations that happen on or near the property and endanger people or property, involve drug-related felonies, or include criminal activities that have been declared a public nuisance. In this case, your landlord does not have to give you a chance to fix the problem and can require that you move out in 3 days. 

What should I do if I get a Demand for Compliance?

If your landlord sent you a Demand for Compliance for the first time, then you have a few options: 

• Fix the problem

  If you can fix the problem that your landlord talks about in their Demand for Compliance or notice, then it's a good idea to fix the problem. If you fix the problem within the 10-day period in the notice, then your landlord can’t evict you based on the notice. 

  Your landlord might ask you for some sort of proof that the problem has been fixed. For example, if your landlord accused you of having a pet when you weren’t supposed to, they might ask you for permission to inspect your home to make sure there is no longer a pet or some other proof the pet has a new home. You should try to document that you fixed the problem and save proof, such as photos or written communications with your landlord.

  If the lease violation is because of domestic violence that you did not commit or were the victim of, your landlord cannot hold you responsible for damage to the property violating the lease. You must give your landlord documentation, which could be a police report, a court protection order, a self-attestation, or a letter from a service provider that is assisting you (such as an attorney, social worker, medical professional, faith leader, or mental health provider). You may have a defense if the landlord files in court.  

  If you are a domestic violence survivor, please see our guide on Housing Rights for Domestic Violence Survivors for additional rights you may have.

• Negotiate with your landlord

  If you can’t fix a violation within 10 days, and you don’t want to move out, you can try to make an agreement with your landlord. 

  For example, if you can fix the violation but need more than 10 days, you can try to work with your landlord to get more time. If you negotiate an agreement to move, you can try to get an agreement that terminates your lease without a penalty so that your landlord cannot sue you for damages for unpaid rent later. 

  If you and your landlord come to an agreement, make sure that you get the agreement in writing and that you and your landlord both sign it.

• Go to mediation

  Under a new law, if you receive TANF, SSI, or SSDI, then you might qualify for free mediation. You should not rely on mediation to fix the issue, and mediation could be much more likely to help you if you have addressed the problems that your landlord is concerned about.

• Move out

  You can also choose to move out within the 10-day notice period. If you decide to move within the 10 days, your landlord cannot evict you based on this notice. 

  It’s important to know that if you choose this option, it’s a bad idea to just move out without telling your landlord. If you don’t tell your landlord that you have moved out, your landlord might think that you are still staying on the property and could file suit to evict you. This can cause big problems for you. If your landlord posts eviction paperwork at the residence where you no longer live, you could end up not knowing your landlord has filed a lawsuit to evict you, not showing up to court, and getting a default judgment and an eviction on your record. 

  It is extremely important for you to give written notice to your landlord telling them that you plan to move or have already moved out. You should schedule a time for you to give the keys to the rental back to your landlord. It’s also a good idea to ask your landlord to walk through the unit with you before you move and to say in writing that there are no damages to the home. 

  If you do decide to move out instead of fixing the problem, your landlord can still sue you. They can sue you for unpaid rent, damages to the rental, and more. The law expects your landlord to “mitigate their damages” by trying to find new tenants.

• What happens if I don’t fix the problem, move out, or reach an agreement with my landlord after getting a Demand for Compliance for Lease Violations?

  If this happens, your landlord must take extra steps to evict you. Your landlord is not allowed to lock you out of the rental.

  • If your landlord has locked you out of your home, please see What to Do If Your Landlord Locks You Out.

  Your landlord will have to file an eviction case in court and serve you with paperwork, called a “Summons and Complaint in Forcible Entry and Detainer.” You would then have the chance to file an answer (JDF 103) in court. In your answer, you should list any defenses you have against the eviction. 

  You are expected to appear in court on the date listed in your summons and at a later date provided to you by the court after you file an answer, to give your defenses to the judge in a trial. You can participate in person or remotely by phone or video. You must tell the court in your answer form if you will be in person or remote for your case. Please see Going to Court Remotely in Eviction Cases for more information on participating remotely.

  There are many legal defenses to an eviction, and you should contact an attorney for advice or counsel. Some possible defenses are:

• The landlord did not give you the proper notice or filed the eviction case without giving you 10 days to fix the violation.
• You did not commit the alleged violation.
• You fixed the alleged violation.

• The summons and complaint were served fewer than 7 days before the initial court date.

  If your landlord gave you proper notice, proves that you committed a material lease violation, and you did not fix it within the 10-day period, then you may be evicted. Therefore, it is best to fix any alleged lease violations within the 10-day period in the notice. 

What must my landlord put in the Demand for Rent?

By law, the notice must:

• List your rental address.
• Say exactly how you broke the lease, including how much rent you owe.
• Give you 10 days (usually) to pay or move out.
• Include the date and time by which you must pay rent or move out.
• Tell you about your right to free mediation if you receive TANF, SSI, or SSDI.
• Be signed by the landlord, property manager, or their attorney.
• Be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is your primary language.
• Be given to you correctly:
  • In person (to you or someone over 15 at your home); or
  • If they can't directly hand it over after making attempts on 2 separate days, then it needs to be posted in a visible place.
    • For example, the landlord could post this notice on your front door. 
• Tell you about your right to a repayment plan if you have experienced unlawful sexual behavior, stalking, domestic violence, or domestic abuse that has caused you to miss a rent payment. 
  • If you are a victim or survivor of one of these crimes, you must give your landlord documentation. Documentation could include one of the following types of documents:
    • A police report;
    • A court protection order;
    • A self-attestation (meaning a document that you write, explaining the situation); or
    • A letter from a service provider who is assisting you, such as an attorney, social worker, medical professional, faith leader, or mental health provider.
  • Please see Housing Rights for Domestic Violence Survivors for more information about your rights.

Exceptions to the 10-day requirement

The notice period may be shorter or longer in special cases:

• 5-Day Notice: If your landlord owns 5 or fewer single-family homes and your lease says the 10-day rule doesn’t apply.
• 3-Day Notice: If your housing is tied to your job (your landlord is also your employer). In some situations they can also have you removed by the sheriff without going to court first.
• 30-Day Notice: If you live in a CARES Act property (like housing with a federal loan or subsidy).

What can I do if I get a Demand for Rent?

You have several options. You should act quickly to protect your rights.

1. Pay what you owe

   1. If you pay the full amount before an eviction judgment, your landlord must accept it and can’t evict you.
   2. You must pay everything listed plus any rent that came due after the notice.
   3. Keep proof of payment (receipts, screenshots, etc.).

2. Try to work out a deal

   1. You and your landlord can agree to a payment plan or move-out date.
   2. If you do agree to a solution like a payment plan or different move-out date, get everything in writing, signed by both sides.
   3. If you are a victim or survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, your landlord must agree to a payment plan.
      1. The payment plan can last no more than 9 months.
      2. You must make payments of at least $25 per month.

3. Request free mediation

   1. If you receive public benefits like Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or cash assistance through Colorado Works (like TANF), you might have the right to mediation, which involves someone helping you and your landlord try to figure out a solution before the landlord can sue. If you qualify, tell your landlord in writing so they can pay for and schedule a mediation before they sue you.

4. Move out within the deadline

   1. If you move out in time and tell your landlord, they can’t evict you.
   2. Return your keys and get a receipt.
   3. Put in writing that you’re giving up the property and include the date.
   4. Ask your landlord to confirm there are no damages. If you are able to, make sure to take photos and videos of the condition you left your unit in so you can use them as evidence.

What if I do nothing?

Your landlord must file a court case to evict you. They cannot lock you out without a court order.

If they sue:

• You’ll get paperwork called a Summons and Complaint in Forcible Entry and Detainer.
• You must file an Answer (JDF 103) and tell the court whether you will be in-person or remote to state your case.
• You must appear in court on the date listed in your Summons.
• In court, you can present defenses, such as:
  • You paid or tried to pay.
  • The landlord filed the eviction case without giving you 10 days to make a payment.
  • The court papers were given to you fewer than 7 days before the court date.

Even after your landlord files, you can still stop the eviction by paying the full rent owed before the judgment. If you do, the judge should dismiss the case.

You might still owe other charges like court costs or late fees, but those alone can’t get you evicted.

If you live in public or subsidized housing, you may have extra protections. See our guide on Eviction from Subsidized Housing for more detailed information.

When you sign a lease with your landlord, both of you are promising to do certain things. For example, you are promising to pay rent to your landlord on a specific day of the month, and they are promising a property for you to live in. If you don’t keep your promise to pay rent, then you are violating your lease. 

In your lease, you also make many other promises. For example, you could promise to not keep pets, or to only keep a specific pet. You could also promise to be quiet and not disrupt your neighbors after a specific time. If you promised not to keep any pets on the property, and you have a dog, then you would be violating your lease by breaking the promise not to keep pets. A landlord may evict a tenant for violating a “material” (significant) condition of the lease agreement. Please see Eviction for Substantial Violations for more information.

If you’ve already received a notice, and your landlord believes you’ve violated the same term of your lease another time, they can serve you with a “Notice to Quit for Repeat Violation.” If you get a repeat violation notice, then your landlord does not have to give you 10 days to fix the problem. In these cases, your landlord can choose to end the lease. 

What must my landlord put in a Notice to Quit Based on Repeat Violation?

Your landlord must serve you with another notice of their intent to end your lease. This is usually called a “Notice to Quit Based on Repeat Violation.” This notice must:

• State the address of the home you are renting.
• Give a specific description of how your landlord thinks you are violating a “material” (or significant) condition of your lease.
  • For example, “You have a dog in the apartment in violation of the lease condition prohibiting pets.”
• Say that you violated the same term of your lease before, and that the landlord gave a Demand for Compliance. 
• Tell you of your potential right to mediation if you receive TANF, SSI, or SSDI. 
• Tell you that you have (normally) 10 days to move out. 
• State the date by which you must move out.
• Be signed by the owner, property manager, or attorney of the landlord.
• Be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is your primary language.
• Be given to you in a specific way. 
  • The notice must be either:

    • Handed to you, or someone in your home over the age of 15 

      OR 

    • If they can't directly hand it over after making attempts on 2 separate days, then it needs to be posted in a visible place. For example, the landlord could post the notice on your front door. 

Exceptions to the 10-day requirement

There are only 3 exceptions to the landlord’s requirement to give you 10 days to move out before they file an eviction against you. If even one of these applies to your landlord, then they have different rules they must follow. 

1. If your landlord owns 5 or fewer single-family rental homes and your lease says the 10-day notice does not apply. In this case, your landlord only has to give you 5 days to move out before they can file an eviction against you. 
2. If you have an agreement to live in housing provided by your employer, your employer/landlord only has to give you 3 days to move out before they can file an eviction against you.  
3. If your landlord is alleging that you committed a “substantial violation” of the lease. Substantial violations include violations that happen on or near the property and endanger people or property, involve drug-related felonies, or include criminal activities that have been declared a public nuisance. In this case, your landlord does not have to give you a chance to fix the problem and can require that you move out in 3 days. 

What should I do if I get a Notice to Quit Based on Repeat Violation?

If you get a Notice to Quit Based on Repeat Violation, you don’t have as many options as you did when you received the first Notice of Lease Violation. In this case, you do not have an opportunity to fix the violation (unless the notice explicitly states otherwise). You have these options.

1. Move out

   You can choose to move out within the 10-day notice period. If you decide to move within 10 days, your landlord cannot evict you based on this notice. 

   It’s important to know that if you choose this option, it’s a bad idea to just move out without telling your landlord. If you don’t tell your landlord you have moved out, then your landlord might think that you are still staying on the property and could file suit to evict you. This can cause big problems for you. If your landlord posts eviction paperwork at the residence where you no longer live, you could end up not knowing your landlord has filed a lawsuit to evict you, not showing up to court, and getting a default judgment and an eviction on your record.

   It is extremely important for you to give written notice to your landlord telling them that you plan to move or have already moved out. You should schedule a time to give the keys to the rental back to your landlord. It’s also a good idea to ask your landlord to walk through the unit with you before you move and to say in writing that there are no damages to the home. 

   If you do decide to move out instead of fighting the eviction or negotiating a settlement, your landlord can still sue you. They can sue you for unpaid rent, damages to the rental, and more. The law expects your landlord to “mitigate their damages” by trying to find new tenants.

2. Mandatory mediation 

   Under a new law, if you receive TANF, SSI, or SSDI, then you might qualify for free mediation. You should not rely on mediation to fix the issue, and mediation could be much more likely to help you if you have addressed the problems that your landlord is concerned about.

3. Negotiate with your landlord

   Even if you don’t qualify for mandatory mediation, you can still try to make an agreement with your landlord. 

   For example, you can work with your landlord to come up with a realistic date that you would be able to move out. You can try to get an agreement that terminates your lease without a penalty so that your landlord cannot sue you for damages for unpaid rent later. 

   If you and your landlord come to an agreement, make sure that you get the agreement in writing and that you and your landlord both sign it.

What happens if I don’t move out or reach an agreement with my landlord after getting a Notice to Quit Based on Repeat Violation?

If this happens, your landlord must take extra steps to evict you. Your landlord is not allowed to lock you out of the rental. If your landlord has locked you out of your home, please see the What to Do If Your Landlord Locks You Out. 

Your landlord must file an eviction case in court and serve you with paperwork, called a “Summons and Complaint in Forcible Entry and Detainer.” You would then have the chance to file an Answer (JDF 103) in court. In your Answer, you should list any defenses you have against the eviction. 

You are expected to appear in court on the date listed in your summons and at a later date provided to you by the court after you file an Answer, to give your defenses to the judge in a trial. You can participate in person or remotely by phone or video. You must tell the court in your Answer form if you will be in person or remote for your case. Please see Going to Court Remotely in Eviction Cases for more information on participating remotely.

There are many legal defenses to an eviction, and you should contact an attorney for advice or counsel. Some possible defenses are:

• The Landlord did not give you the proper notice or filed the eviction case without giving you 10 days to move out.
• You did not commit the alleged violation.
• The alleged violation is not a repeat violation of the same lease term.
• The summons and complaint were served less than 7 days before the court date.

Remember, if you commit a repeat lease violation, then you do not get a chance to fix it (unless the notice explicitly states otherwise). If your landlord gave you proper notice and proves that you committed a repeat lease violation, then you may be evicted.