Learn about your rights during an eviction process.
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This guide is for renters who have been given a notice from their landlord telling them they need to move out of their home. This guide explains:
- The types of notices landlords use
- The rules the landlord has to follow
- What you can do next
Do I have to move out now?
No. If you have not been to court, and a judge has not made an order for you to leave your home, you have not been evicted. However, the notice you received may be the beginning of the legal eviction process.
An eviction warning notice is a written document that your landlord has to give you before they file an eviction case in court. The notice must be in writing and must contain certain information. If the landlord doesn’t provide the right type of notice to you, you may have a defense to an eviction case in court.
Important!
You should read the notice carefully and make sure you understand what it says. The notice may ask you to do something (such as pay rent, or remove an animal from the property). You may have different options based on the type of notice you receive.
What type of notice did I receive?
There are several different types of notices. The Colorado courts provide some standard forms for these notices, but your landlord is not required to use one of these forms. However, the landlord’s notice to you must include specific information even if the landlord uses their own form.
A Demand for Compliance is a notice that asks you to do something. You will be given a certain amount of time to do what the landlord asks you to do. The amount of time you are given depends on your living situation.
- Normally, your landlord must give you 10 days' notice.
- If your landlord owns fewer than 5 single-family homes, your landlord must give you 5 days' notice.
- If you live in housing provided by your employer, your landlord must give you 3 days' notice.
- If your landlord has a mortgage that is part of a federal program, and the issue is nonpayment of rent, your landlord must give you 30 days' notice.
The most common reason to receive a Demand for Compliance is not paying your rent. This means you have not paid your rent on time. If you receive a Demand for Compliance that is asking you to pay rent, the notice must include:
- The amount of time you have to pay your rent.
- How much you owe in unpaid rent.
- The address of your home.
- The date of when you must either pay the unpaid rent or move out.
- The landlord’s signature.
- Notice of mandatory mediation if you receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or cash assistance through Colorado Works.
- Notice of a right to ask for a repayment plan if you are a survivor of domestic violence, sexual assault, or stalking.
If you are able to pay your rent, you may do so. After you pay, the notice is considered cured, meaning that the issue in the notice has been fixed. Your landlord must accept your rent payment. If they refuse to accept your rent payment, you may use that as a defense in court later. However, your landlord may refuse to accept a partial payment of the unpaid rent.
Your landlord may also give you a Demand for Compliance that claims you either violated the lease or that you acted in a way that created a nuisance or disturbed others. These notices must include:
- The amount of time you have to correct the problem.
- A clear description of how the landlord claims you violated the lease or created a nuisance.
- The address of your home.
- The date of when you must either correct the problem or move out.
- The landlord’s signature.
- Notice of mandatory mediation if you receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or cash assistance through Colorado Works.
If you receive this type of notice, you should read the notice and your lease very carefully to make sure you understand what the landlord is claiming. You may disagree with what the landlord is claiming. That may provide a potential defense if your landlord files a case in court. Or, you may be able to easily fix the problem and cure this notice.
A Notice to Terminate Tenancy is a notice you get when your landlord is asking you to move out. You cannot cure this type of notice by fixing the problem. These notices must include:
- The date the landlord wants you to move out
- The specific reason the landlord is asking you to move out
- The address of your home
- The landlord’s signature
- Notice of mandatory mediation if you receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or cash assistance through Colorado Works
Your landlord can only give you one of these notices for specific reasons. Those reasons are:
- Substantial Violation
- Your landlord is accusing you of serious and dangerous behavior that either seriously damages the home, harms another person, is a violent or drug-related felony, or is a criminal act that is considered a “public nuisance” and can have a punishment of more than 6 months. Your landlord may request that you move out in 3 days for this type of violation.
- See Evictions for Substantial Violations for more information.
- Your landlord is accusing you of serious and dangerous behavior that either seriously damages the home, harms another person, is a violent or drug-related felony, or is a criminal act that is considered a “public nuisance” and can have a punishment of more than 6 months. Your landlord may request that you move out in 3 days for this type of violation.
- Repeat Violation
- Your landlord is claiming that you violated the lease in the same way that you have previously violated the lease. The landlord must include information in the notice about the date the prior Demand for Compliance (see above) was given to you. Your landlord must give you 10 days' notice for this type of violation.
- Lease Not Renewed
- Your landlord is choosing not to renew your lease. In Colorado, your landlord may only choose to not renew your lease without cause in specific situations. Those are:
- You live in a short-term rental (like a rented vacation property)
- You live in a single-family residence, a duplex, or a triplex, and the landlord lives there, too (or the landlord lives next door)
- You live in a home provided by your employer
- Or, you have lived in your home less than 12 months
- Your landlord is choosing not to renew your lease. In Colorado, your landlord may only choose to not renew your lease without cause in specific situations. Those are:
Your landlord must give you different amounts of time to move out, depending on how frequently your rent is due.
- 1 year or longer
- Time to move out: 91 days
- 6 months, but less than 1 year
- Time to move out: 28 days
- 1 month, but less than 6 months
- Time to move out: 21 days (this includes a month-to-month tenancy)
- 1 week, but less than 1 month (or at-will tenancy)
- Time to move out: 3 days
- Less than a week
- Time to move out: 1 day
In some circumstances, a landlord may ask you to move out of your home even if you have not done anything wrong (a no-fault eviction). In addition to the reasons not to renew your lease, your landlord may ask you to move out because:
- The home is being demolished or converted to a short-term rental property.
- The landlord must provide proof that the project is starting soon.
- The landlord must make substantial repairs to the home.
- The landlord must provide the expected date of completion, and you may notify the landlord that you would like to move back into the home when the repairs are completed.
- The landlord or a family member intends to move into the home.
- The landlord intends to sell the home.
- You refused to sign a new lease.
- You have previously paid your rent late more than two times.
- To qualify, the rent must have been more than 10 days late, and your landlord must have given you a Demand for Compliance for each late rent payment.
Your landlord must allow you to stay until the end of your lease period, and the landlord must give you 90 days' notice that they are asking you to move out at the end of your lease.
- If your landlord or their spouse is a member of the U.S. military on active duty, they may only give you 45 days' notice if they plan to move into the home.
This type of notice must include:
- The date the landlord wants you to move out
- The reason the landlord is asking you to move out
- The address of your home
- The landlord’s signature
- Notice of mandatory mediation if you receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or cash assistance through Colorado Works
How will the landlord give me the eviction warning notice?
Landlords have to follow rules for giving you an eviction warning notice. They can only give you the notice 3 ways:
- Hand it to you in person.
OR - Hand it to another adult in your home and mail a copy to your address.
OR - Post it on your front door and mail a copy to your address.
A text message, email, or phone call is not a valid eviction notice. If it wasn’t given to you in one of the ways above, the notice may not be valid.
What if I don’t read English?
Your landlord must give you the notice in a language you understand. If the landlord knows (or should know) that you speak or read a language other than English, the landlord must give you the notice in your primary language.
What should I do if I get a notice?
Step 1: Write down the day and time you got the notice and how you got it.
Step 2: Read the notice carefully.
Do you understand what the landlord is claiming? Do you agree or disagree with what the landlord says?
Step 3: If you can, speak with an attorney about the notice.
Step 4: If it is safe to do so, try to talk to your landlord.
If you are able to reach an agreement, make sure you write down the agreement and you both either sign or agree to it in writing.
Step 5: If you are eligible, consider requesting mediation (see below).
Step 6: Gather evidence such as payment records, photos, and any communication with your landlord.
Keep these organized and in a safe place.
See our guide on Mandatory Mediation for Tenants on Assistance for more information.
I get housing assistance and my landlord gave me a notice. Now what?
Special rules apply to people who receive housing assistance (also called, housing subsidies, Section 8, a voucher, etc.). You have additional rights that are meant to protect you. You also have additional risks to consider when making decisions about your case.
See our guide on Eviction from Subsidized Housing for more information.
What happens next?
If you do not fix the problem or move out by the deadline, your landlord may file an eviction case in court. If that happens, you will get documents that have been filed in court and have a chance to respond. Those documents are typically called a summons and complaint. They will have the court’s location and other important information at the top of the page.
If you receive a summons and complaint, you should try to speak with an attorney to get legal advice or assistance about your specific case.
See Going to Court for an Eviction for more information.
Need more help?
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.