Colorado Changes Timing on Key Landlord/Tenant Notices

Filed Under (Eviction, Leases and Landlord Tenant) on 08-16-2012

Notice to Quit, 3 day notice, Eviction Notices, Eviction Court Forms

By Victor M. Grimm, Esq. and Rachel Brand

Small tweaks in Colorado state law just made life easier for Colorado landlords and tenants. The changes concern the timing of notices required to get tenants to leave your property, either through notice to quit or eviction on the landlord’s end and notices terminating periodic tenancies on the tenant’s end. 

Here’s what Senate Bill 12-175 changed:

For month-to-month rental agreements:

Landlords using month-to-month leases must give their renters notice when they want their renter to move out. If not, the tenant will keep living in the unit. It used to be that landlords had to serve this notice, the notice to quit, 10 days before the end of the month. Now, landlords can serve it seven days, or one week, before the month ends. Likewise, if a tenant wants to terminate a month-to-month lease, the same seven days will apply.

The new timing benefits both the landlord and tenant because it gives them more flexibility.  Also, parties to a periodic lease don’t have to plan around holidays and weekends; those days count towards the seven days.

In an eviction

In the case of an eviction, timing is very important. Each step needs to be followed closely, or tenants may have cause to delay the process.

Evictions start with the issuance of a demand for compliance or possession, a note that gives tenants three days to fix the problem or move out.  The three-day timeline hasn’t changed and goes like this:

–  The day that the notice is served does not count;
–  Saturdays, Sundays and legal holidays do count; and
–  The third day itself does count unless it is a Saturday, Sunday or legal holiday. Then, the “third” day is the first business day after the Sunday or legal holiday.

Should the tenant fail to comply or move out, the next step involves the courts. Then, a landlord would file a complaint in court and serve a summons (along with a copy of the complaint), to the tenant.

It used to be that the summons required the tenant to appear in court somewhere between five and ten calendar days from the time of the summons.  Now, the court date is set between seven and fourteen days. Before, weekends and holidays were excluded. Now, weekends and holidays count towards the deadline.

This benefits landlords because it fits into the calendar nicely. Further, courts may reserve one day a week for eviction hearings, so this ensures the case will be heard as soon as possible.

For more information, see the Landlord & Tenant Guide to Colorado Leases and Evictions, 5th Edition, by Victor M. Grimm, Esq. and Denise E. Grimm.