3 Day Notice of Substantial Violation of Lease or Rental Agreement - Residential
I. Introduction
II. Terminating a periodic tenancy by choice
III. Terminating a periodic tenancy or a term tenancy for cause
IV. Serving a termination notice
I. Introduction
A "periodic tenancy" is a rental agreement with no set ending date,
for example a month-to-month tenancy, which can continue until either landlord
or tenant decides to end it by choice, or if cause arises for the tenancy
to be terminated due to a violation ("breach") of the agreement.
A "term tenancy" is a rental agreement for a predetermined term
with a set beginning and ending date, for example, January 1, 2000, to
December 31, 2000. Unless there is a violation ("breach") of the rental
agreement, the tenancy may not be ended prior to the end of its defined
term unless landlord and tenant agree to cut it short.
"Serving" a termination notice means delivering the notice to the
tenant. Service of the notice must be done according to law and in the
proper form. These requirements are described in IV., below.
II. Terminating a periodic tenancy by choice
13-40-107 Notice to quit (L. 1979)
(1) A [periodic] tenancy may be terminated [by landlord or by tenant]
by notice in writing, served not less than the respective period fixed
before the end of the applicable tenancy, as follows:
(a) A tenancy for one year or longer, three months;
(b) A tenancy of six months or longer but less than a year, one
month;
(c) A tenancy of one month or longer but less than six months,
ten days;
(d) A tenancy of one week or longer but less than one month, or
a tenancy at will, three days;
(e) A tenancy for less than one week, one day.
(2) Such notice shall describe the property and the particular time
when the tenancy will terminate and shall be signed by the landlord or
tenant, the party giving such notice or his agent or attorney.
(3) [Omitted].
(4) No notice to quit shall be necessary from or to a tenant whose
term is, by agreement, to end at a time certain.
(5) [Omitted].
III. Terminating a periodic tenancy or a term tenancy for cause
Summary:
Non-payment of Rent: 3-day notice. Pay or vacate. See
13-40-104, below.
Violent Criminal Acts/ Drug-related Felonies: 3-day notice
to vacate. See 3-40-104, below.
Breach of Rental Agreement: 3-day notice. Remedy breach,
or vacate. See 13-40-104, below.
Repeat of Breach of Rental Agreement: If same infraction,
3-day notice to vacate. See 13-40-104, below.
13-40-104 Unlawful detention defined [All sections heavily
abridged - Ed.] (L. 1998)
(1) Any person is guilty of an unlawful detention of real property
in the following cases:
(a) ... [Omitted]
(b) ... [Omitted]
(c) When any tenant at will, or by sufferance, or for any part of
a year, or for one or more years, holds over after the expiration of the
term for which the premises were leased, or after such tenancy has been
terminated by either party;
(d) When such tenant holds over without permission of his landlord
after any default in the payment of rent pursuant to the
rental agreement, and three days' notice in writing has been duly served
upon the tenant, requiring in the alternative the payment of the rent or
the possession of the premises. (No agreement shall contain a waiver by
the tenant of this three days' notice requirement).
(d.5) When such tenant or lessee holds over, without the permission
of the landlord, contrary to any condition or covenant the violation of
which is defined as a substantial violation in section 13-40-107.5, [violent
criminal acts, drug-related felonies] and notice [three day written
notice to quit: shall describe the property, the particular time when the
tenancy will terminate, and the grounds for termination, and shall be signed
by the landlord or agent] in writing has been duly served upon such tenant
or lessee in accordance with section [13-40-107.5 L. 2003];
(e) When such tenant holds over, without permission, contrary
to any other condition of the agreement under which such tenant
holds, and three days' notice in writing has been duly served upon such
tenant requiring in the alternative the compliance with such condition
or the delivery of the possession of the premises so held;
(e.5)
(I) When a tenant has previously been served with the notice described
in paragraph (e) requiring compliance with a condition of the agreement,
and thereafter holds over, without permission, contrary to the same condition.
(II) A tenancy may be terminated at any time pursuant to paragraph
(e.5) on the basis of a subsequent violation. The termination
shall be effective three days after service of written notice to quit.
[There is no indication of how much time must pass before a second violation
is no longer considered a "subsequent violation." 6 months is sometimes
a standard in other states. - USLF Ed.]
... [Remainder omitted]
IV. Serving a termination notice
13-40-106 Written demand [abridged] (C.R.S. 1963)
The demand required by section 13-40-104 shall be made in writing,
specifying the grounds of the landlord's right to the possession of such
premises, describing the premises, and the time when the same shall be
delivered up, and shall be signed by the landlord, his agent, or his attorney.
[USLF forms are designed to meet these requirements.]
13-40-108 Service of notice to quit [abridged] (C.R.S. 1963)
Notice may be served by: (1) delivering a copy thereof to the tenant
or other person occupying such premises, or by (2) leaving such copy with
some person, a member of the tenant's family above the age of fifteen years,
residing on or in charge of the premises, or, (3) in case no one is on
the premises at the time service is attempted, by posting such copy in
some conspicuous place on the premises.
