Colorado Notice to Vacate: Laws, Requirements & Generator (2026 Guide)

Whether you're a tenant planning to move out or a landlord ending a tenancy, Colorado has specific legal requirements for notice to vacate that you need to follow. Getting it wrong can cost you — tenants risk losing their security deposit, and landlords risk having their eviction case thrown out of court.

This guide breaks down exactly what Colorado law requires, including the major 2024 changes under HB 24-1098 that fundamentally changed how evictions and lease terminations work in the state.

What Is a Notice to Vacate in Colorado?

A notice to vacate is a formal written document that communicates the intention to end a rental agreement. In Colorado, it can be sent by either a tenant to a landlord or a landlord to a tenant, but the rules are very different for each.

Colorado uses two main legal frameworks for notice to vacate:

• C.R.S. § 13-40-107 — governs notice periods based on tenancy length (primarily applies to nonresidential properties and certain exempt residential properties after the 2024 law change)
• C.R.S. § 38-12-1303 (new as of April 19, 2024) — requires landlords to have "just cause" before evicting most residential tenants

Understanding which law applies to your situation is the first step.

Colorado's 5-Tier Notice Period System

Under C.R.S. § 13-40-107, Colorado's notice periods are based on the length of the tenancy — not a flat 30 days like many other states. This is one of the most distinctive features of Colorado landlord-tenant law.

Notice Periods by Tenancy Length

Important: These notice periods must expire at the end of a tenancy period. For example, if you have a month-to-month tenancy and your rent is due on the 1st, your notice must be timed so the termination date falls on the last day of a month.

Key exception for tenants: If you have a fixed-term lease that ends on a specific date, you do not need to provide written notice — the lease simply expires. This is explicitly stated in C.R.S. § 13-40-107(4).

The 2024 Game-Changer: Colorado's "Just Cause" Eviction Law (HB 24-1098)

On April 19, 2024, Colorado's landlord-tenant landscape changed dramatically. HB 24-1098 introduced a "for-cause" eviction requirement that fundamentally limits when landlords can ask tenants to leave.

What Changed

Before 2024, a Colorado landlord could generally choose not to renew a lease at the end of its term without giving a reason. Now, for most residential tenancies where the tenant has lived in the property for 12 months or more, the landlord must have a legally recognized cause to terminate.

This means a landlord can no longer simply decide they want a different tenant once the lease term ends — the tenant has the right to stay as long as they comply with the lease terms and pay rent on time.

Who Is Exempt from the Just Cause Requirement?

The new law does not apply to:

1. Commercial properties
2. Short-term rentals (leases under 30 days)
3. Owner-occupied dwellings where the landlord maintains the property
4. Certain adjacent dwellings (ADUs, duplexes, triplexes) that the owner also occupies
5. Certain mobile home spaces
6. Employer-provided housing
7. Tenants who have lived in the property for less than 12 months
8. Unknown or undisclosed tenants

If your situation falls into one of these categories, the traditional notice periods under C.R.S. § 13-40-107 still apply.

Recognized Causes for Eviction

For landlords who do need to follow the just cause law, the recognized reasons include:

For-Cause Evictions:

• Nonpayment of rent (10-day notice to pay or quit)
• Material lease violations (with opportunity to cure)
• Substantial violations — criminal activity, endangering others, or drug-related felonies on or near the property (3-day notice, no cure required)
• Repeated violations of the same lease provision (3-day notice after prior Demand for Compliance)
• Nuisance or conduct interfering with other tenants' quiet enjoyment

No-Fault Evictions (90-day notice required):

• Demolition or conversion of the property (including conversion to short-term rental)
• Substantial repairs or renovations (not related to habitability or retaliation; tenant has right of first refusal to return if work takes less than 180 days)
• Landlord or immediate family member intending to move into the unit (must move in within 3 months; cannot re-list for rent for 90 days)
• Withdrawal from the rental market to sell the property (applies to single-family homes, townhomes, duplexes, triplexes, and individual condo units)
• Tenant refuses to sign a new lease with reasonable terms
• Tenant's history of repeated late rent payments (more than 2 times during the lease, each more than 10 days late — does not apply if tenant paid within the cure period)

All no-fault evictions require a minimum 90-day written notice that includes both the legal and factual basis for the eviction. The notice must specify the exact date the tenant must vacate, and the tenant may remain under existing lease terms during the 90-day period.

Notice to Vacate for Tenants: Step-by-Step

If you're a tenant in Colorado who wants to move out, here's what you need to do:

Step 1: Check Your Lease Type

• Fixed-term lease ending on a specific date: You generally do not need to provide a written notice — the lease expires on its own per C.R.S. § 13-40-107(4). However, it's still good practice to notify your landlord in writing.
• Month-to-month tenancy: You must provide written notice based on how long you've been renting (see the 5-tier table above). Most month-to-month tenants who've been there 1-6 months need 21 days; those there 6-12 months need 28 days.
• At-will tenancy (no written lease): 3 days' written notice is the legal minimum.

Step 2: Calculate Your Move-Out Date

Your notice must expire at the end of a rental period. If your rent is due on the 1st and you want to move out at the end of June, count backward from June 30 to ensure you're giving sufficient notice.

Step 3: Write Your Notice

Your notice must include:

• A description of the property (address)
• The specific date you will vacate
• Your signature (C.R.S. § 13-40-107 requires the notice to be signed)

Step 4: Deliver Your Notice

Colorado law requires proper service. Options include:

• Personal delivery to the landlord
• Posting in a conspicuous place on the property (if personal delivery fails)
• Registered or certified mail (recommended for proof of delivery)

Pro tip:Always keep a copy of the notice and proof of delivery. If a dispute arises about your security deposit, you'll want documentation that you gave proper notice.

Notice to Vacate for Landlords: What You Must Know

Colorado's 2024 law changes made landlord obligations significantly more complex.

Before Sending Any Notice

1. Determine if the just cause law applies. If the tenant has lived in the property for 12+ months and your property isn't exempt, you need a legally recognized reason.
2. Understand the difference between a notice to vacate and an eviction filing. A landlord's notice to vacate does not require a specific official form — it simply needs to meet the legal requirements (property description, termination date, reason if applicable, and proper signature). However, if the tenant does not comply and you need to file for eviction in court, Colorado requires state-provided forms: Form JDF 99 B (Notice to Terminate Tenancy) for lease terminations, and Form JDF 99 A (Demand for Compliance) for unpaid rent or lease violations.
3. Language requirement: Your notice must be in a language that you know, or have reason to know, is the tenant's primary language (C.R.S. § 13-40-106). This is a new requirement as of 2024.

Service Requirements

Landlords must attempt two personal service attempts on two separate days before resorting to posting the notice. This is stricter than the old rules.

Consequences of Getting It Wrong

If a landlord evicts a tenant without following the proper procedures, the tenant can sue under C.R.S. § 38-12-510 for:

• Actual damages
• The greater of three times monthly rent or $5,000
• Court costs and attorney fees
• Restored possession of the unit

Courts are also now required to dismiss eviction proceedings if the landlord cannot prove compliance with the for-cause eviction statutes.

Special Situations in Colorado

Domestic Violence Victims

Colorado law allows tenants who are victims of domestic violence, unlawful sexual behavior, or stalking to terminate their lease early without penalty. This protection extends to tenants whose children are victims.

Federally Subsidized Housing

Under a Colorado Supreme Court ruling, landlords of federally subsidized housing must provide a 30-dayeviction notice (per the CARES Act), even though Colorado state law generally requires only a 10-day notice for nonpayment. The CARES Act's temporary eviction moratorium expired long ago, but the 30-day notice provision was written without an expiration date — so the Colorado Supreme Court ruled it remains permanently in effect.

Denver-Specific Rules

Denver has additional tenant protections beyond state law. The city requires landlords to provide a "Tenant Rights and Resources" notice at lease signing and with any rent demand. Denver's late fee cap is $50 per month or 5% of monthly rent, whichever is greater, and fees cannot be charged until payment is 7+ days late.

Rent Increase Restrictions

For tenants without a written lease, landlords must provide 60 days' written noticebefore raising rent. While Colorado doesn't have statewide rent control, the 2024 law prohibits rent increases that are designed to retaliate against tenants or circumvent the for-cause eviction requirements.

Colorado Notice to Vacate vs. Eviction Notice: What's the Difference?

These terms are often confused, but they serve different purposes in Colorado:

A notice to vacate is the first step. If a tenant doesn't comply with a landlord's notice, only then does the eviction process begin — and only a court can order a tenant to leave. Self-help evictions (changing locks, shutting off utilities) are illegal in Colorado.

Key Colorado Statutes Referenced in This Guide

• C.R.S. § 13-40-104 — Grounds for unlawful detention (eviction causes) — Read full text
• C.R.S. § 13-40-106 — Requirements for demands and notices — Read full text
• C.R.S. § 13-40-107 — Notice periods to terminate tenancy — Read full text
• C.R.S. § 13-40-107.5 — Substantial violations (3-day notice) — Read full text
• C.R.S. § 38-12-1302 — Exemptions from for-cause eviction requirement — Read full text
• C.R.S. § 38-12-1303 — For-cause eviction and no-fault eviction requirements — Read full text
• C.R.S. § 38-12-1304 & 510 — Tenant remedies for unlawful removal — Read full text
• HB 24-1098 — 2024 legislation creating the for-cause eviction framework — Read full text on Colorado Legislature

Whether you're a tenant giving notice to your landlord or a landlord navigating the new just cause requirements, having a properly formatted notice is your first line of legal protection.

Disclaimer: This article provides general legal information about Colorado notice to vacate requirements and is not legal advice. Laws change frequently — the 2024 changes discussed here took effect on April 19, 2024, but additional amendments may have occurred since this writing. For specific legal questions about your situation, consult a licensed Colorado attorney or contact Colorado Legal Services.