Notice to Cure or Quit for Lease Violations in Colorado

By the FigureMyTax Editorial Team · How we calculate

For a lease violation other than unpaid rent, a Colorado landlord gives a ten-day notice to comply or leave, or a three-day notice for a substantial violation. Here is how each works and where domestic violence and just cause rules fit.

What is the Colorado notice for a lease violation?

When a tenant holds over without permission, contrary to a material condition or covenant of the agreement, and ten days’ notice in writing has been served requiring either compliance with the condition or the delivery of possession, the tenant has committed an unlawful detention (C.R.S. 13-40-104(1)(e)). A tenant who complies in the ten days has met the notice.

What if the same violation happens again?

If a tenant has previously been served with that notice and later holds over contrary to the same condition or covenant, the tenancy may be terminated at any time on the basis of the subsequent violation, and the termination of a residential tenancy is effective ten days after service of written notice to terminate (13-40-104(1)(e.5)).

What is a substantial violation?

An implied term of every lease is that the tenant will not commit a substantial violation: an act or series of acts by the tenant, a guest or an invitee that occurs on or near the premises and endangers a person or willfully and substantially endangers the property, that is a violent or drug-related felony, or that is a criminal act on the premises or common areas carrying a potential sentence of 180 days or more and declared a public nuisance. The tenancy may be terminated at any time, effective three days after service of written notice that describes the property, the termination date and the grounds, and the landlord must prove the violation by a preponderance of the evidence (13-40-107.5).

What about a nuisance or damage?

A tenant who holds over after conduct that disturbs others or causes a nuisance interfering with quiet enjoyment, or after negligently damaging the housing accommodation, may be given ten days’ notice that describes the specific conduct and requires its cessation (13-40-104(1)(j)). It is not a nuisance or disturbance for purposes of that paragraph if a victim of domestic violence is accused of causing it as a direct result of being a victim.

Are there protections for victims of domestic violence?

It is not an unlawful detention under the substantial-violation, violation or repeat-violation paragraphs if the tenant is the victim of domestic violence or domestic abuse that caused or resulted in the alleged detention, documented by a police report or a valid civil or emergency protection order; a lease cannot waive that, and the landlord may still seek possession against the person who committed the violence (13-40-104(4)).

Does the just cause law matter?

After a tenant has been in the residence for 12 months, a landlord may not serve a notice to terminate or proceed with an unlawful detainer unless there is cause, and cause includes nonpayment, a substantial violation, a material violation, a repeat violation and a nuisance (38-12-1303(2)). Some homes are exempt, such as certain owner-occupied properties (38-12-1302). Ask a licensed Colorado attorney whether your home is covered.

Notice periods at a glance

Frequently asked questions

Official sources

• C.R.S. 13-40-104: unlawful detention defined
• C.R.S. 13-40-107.5: substantial violations
• C.R.S. 38-12-1303: just cause
• C.R.S. 38-12-1302: application

This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.