Colorado Notice to Quit for Rent Non-Payment or Other Material Breach
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Last Updated: January 26, 2023.
About this Form Set
This Colorado Notice to Quit document set includes two statutorily compliant form letters and an affidavit of service that a landlord can use to provide legal notice to a tenant of the tenant's material breach of their lease agreement for an initial or a repeated violation, including but not limited to the non-payment of rent. To provide valid notice and use this form, the landlord must be aware of the type of lease agreement that is in place with the tenant. (See the description and matrix below.) These lease types are defined and further explained in C.R.S. 13-40-104. The lease types are "Exempt Residential Agreements," "Employer-Provided Housing Agreements," and "Residential Agreements."
About this Form Set
This Colorado Notice to Quit document set includes two statutorily compliant form letters and an affidavit of service that a landlord can use to provide legal notice to a tenant of the tenant's material breach of their lease agreement for an initial or a repeated violation, including but not limited to the non-payment of rent. To provide valid notice and use this form, the landlord must be aware of the type of lease agreement that is in place with the tenant. (See the description and matrix below.) These lease types are defined and further explained in C.R.S. 13-40-104. The lease types are "Exempt Residential Agreements," "Employer-Provided Housing Agreements," and "Residential Agreements."
5-Day Notice to Quit for an Exempt Residential Agreement
For a lease to qualify as an Exempt Residential Agreement, the lease must be a residential leasing of a single-family home by a landlord who owns five or fewer single-family rental homes. For exempt lease agreements, the tenant has five (5) days to cure an alleged rent payment default or other breach of the agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of the landlord to terminate the agreement by reason thereof.
3-Day Notice to Quit for an Employer-Provided Housing Agreement
For a lease to qualify as an Employer-Provided Housing Agreement, the lease must be a residential tenancy agreement between an employee and an employer in which the employer (or an affiliate of the employer) acts as the landlord. For employer-provided housing agreements, the tenant has three (3) days to cure an alleged rent payment default or other breach of the agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of the landlord to terminate the agreement by reason thereof.
10-Day Notice to Quit for a Residential Agreement
All other residential tenancies. If the residential tenancy is neither exempt nor employer provided, then it qualifies as a "residential agreement" under Colorado law. The tenant has ten (10) days to cure an alleged rent payment default or other breach of the agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of the landlord to terminate the agreement by reason thereof.
For a lease to qualify as an Exempt Residential Agreement, the lease must be a residential leasing of a single-family home by a landlord who owns five or fewer single-family rental homes. For exempt lease agreements, the tenant has five (5) days to cure an alleged rent payment default or other breach of the agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of the landlord to terminate the agreement by reason thereof.
3-Day Notice to Quit for an Employer-Provided Housing Agreement
For a lease to qualify as an Employer-Provided Housing Agreement, the lease must be a residential tenancy agreement between an employee and an employer in which the employer (or an affiliate of the employer) acts as the landlord. For employer-provided housing agreements, the tenant has three (3) days to cure an alleged rent payment default or other breach of the agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of the landlord to terminate the agreement by reason thereof.
10-Day Notice to Quit for a Residential Agreement
All other residential tenancies. If the residential tenancy is neither exempt nor employer provided, then it qualifies as a "residential agreement" under Colorado law. The tenant has ten (10) days to cure an alleged rent payment default or other breach of the agreement after receiving written notice to quit specifying the non-compliance and indicating the intention of the landlord to terminate the agreement by reason thereof.
Agreement Type | Description | First Violation Notice & Time | First Violation Curable | Repeat Violation Notice & Time | Repeat Violation Curable |
Exempt Residential Agreement | A residential agreement leasing a single-family home by a landlord who owns five or fewer single-family rental homes. | 5 Day Notice to Quit | Yes, mandatory. | 5 Day Notice to Quit | No, optional. |
Employer-Provided Housing Agreement | A residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord. | 3 Day Notice to Quit | Yes, mandatory. | 3 Day Notice to Quit | No, optional. |
Residential Agreement | All other residential tenancies. This type applies if the residential tenancy is neither exempt nor employer provided. | 10 Day Notice to Quit | Yes, mandatory. | 10 Day Notice to Quit | No, optional. |
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