Colorado Eviction Notice + Unlawful Detainer (FED) Complaint Package

COLORADO EVICTION PACKAGE — NOTICE + FORCIBLE ENTRY AND DETAINER (FED) COMPLAINT

PART 1 — DEMAND FOR COMPLIANCE OR POSSESSION / NOTICE TO QUIT

(C.R.S. § 13-40-104; § 13-40-107; § 13-40-107.5 — use JDF 99 A for a compliance demand, JDF 99 B for termination, or JDF 99 C for a no-fault notice)

TO: [TENANT NAME(S)] [________________________________]

PREMISES ADDRESS: [________________________________]
City: [________________________________] County: [____________] Colorado, ZIP [_______]

FROM (Landlord / Agent): [________________________________]
Address: [________________________________]
Phone: [____________] Email: [________________________________]

DATE OF NOTICE: [__/__/____]

TYPE OF NOTICE (check one)

☐ DEMAND FOR RENT OR POSSESSION — NONPAYMENT OF RENT (C.R.S. § 13-40-104(1)(d)). The Tenant is in default in the payment of rent in the amount of $[__________] for the rental period beginning [__/__/____] and ending [__/__/____]. Tenant must pay the unpaid rent OR vacate within the selected applicable period after service: ☐ 10 days for a standard residential agreement ☐ 5 days for a qualifying exempt residential agreement ☐ 3 days for an employer-provided housing agreement. For a covered dwelling under 15 U.S.C. § 9058(c), give at least 30 days' notice to vacate.

☐ 10-DAY DEMAND FOR COMPLIANCE OR POSSESSION — LEASE VIOLATION (C.R.S. § 13-40-104(1)(e)). Tenant has materially breached the rental agreement as follows: [________________________________]. Tenant must cure the breach OR vacate within TEN (10) days.

☐ NOTICE TO TERMINATE — REPEAT VIOLATION (C.R.S. § 13-40-104(1)(e.5)). A prior Demand for Compliance for the same violation was served on [__/__/____]. Tenant must vacate within the selected period after service: ☐ 10 days for a standard residential agreement ☐ 5 days for an exempt residential agreement ☐ 3 days for an employer-provided housing or nonresidential agreement. This repeat-violation notice does not offer another cure opportunity.

☐ 3-DAY NOTICE TO QUIT — SUBSTANTIAL VIOLATION (C.R.S. § 13-40-107.5). The substantial violation is: [________________________________]. Tenant must vacate within THREE (3) days. No opportunity to cure.

☐ NOTICE TO QUIT — END OF EXEMPT PERIODIC TENANCY (C.R.S. §§ 38-12-1302, 13-40-107). Use this option only if Part 13 of Title 38 does not apply. Exemption and supporting facts: [________________________________]. For a covered residential tenancy, select a legally supported for-cause or no-fault ground instead; mere expiration of a periodic term is insufficient under § 38-12-1303. If exempt, the tenancy is terminated effective [__/__/____]. Notice period given: ☐ 91 days (tenancy period ≥ 1 year) ☐ 28 days (period 6 months to less than 1 year) ☐ 21 days (period 1 month to less than 6 months, including month-to-month) ☐ 3 days (period 1 week to less than 1 month or tenancy at will) ☐ 1 day (period less than 1 week).

☐ NO-FAULT NOTICE (C.R.S. § 38-12-1303(3); use JDF 99 C). The qualifying ground is: ☐ Demolition/Conversion ☐ Substantial Repairs or Renovations ☐ Owner/Family Move-In ☐ Withdrawal from Rental Market to Sell ☐ Tenant Refused a New Lease on Reasonable Terms ☐ History of Qualifying Late Rent Payments. Legal and factual basis: [________________________________]. Vacate date: [__/__/____] (generally at least 90 days after notice; check the active-military owner-occupancy exception in § 38-12-1303(3)(c)(II)).

DEMAND

Pursuant to the statute checked above, Landlord hereby demands that Tenant either:

(a) CURE a nonpayment default by paying unpaid rent of $[__________], or cure the separately specified lease violation, OR

(b) VACATE and deliver possession of the Premises to Landlord,

within the statutory period stated above. If Tenant fails to do so, Landlord will commence an action for Forcible Entry and Detainer (eviction) in the County Court of [____________] County, Colorado, without further notice, and will seek possession on the independently stated ground, unpaid rent, and other relief permitted by law. A late fee is distinct from rent and is not included in the amount required to cure a rent default or used as a basis for possession. Any separately requested late fee remains subject to C.R.S. § 38-12-105.

REQUIRED TENANT-RIGHTS NOTICES (C.R.S. § 13-40-104(4); § 38-12-503)

• Tenant has the right to seek legal help. Free legal assistance may be available through Colorado Legal Services (303-837-1313) or at coloradolegalservices.org.
• Tenant may have the right to assert habitability defenses under C.R.S. § 38-12-503.
• A residential tenant receiving supplemental security income, social security disability insurance under Title II of the federal Social Security Act, or Colorado Works cash assistance may have a right to mandatory mediation before an eviction filing. C.R.S. § 13-40-106(2).
• If a demand includes unpaid rent and unlawful sexual behavior, stalking, domestic violence, or domestic abuse caused the missed payment, the tenant may provide documentation and may be entitled to a repayment plan not exceeding nine months. C.R.S. § 13-40-106(4).
• If Tenant receives federal housing assistance, additional notice periods under the CARES Act (30 days) or HUD regulations may apply.

CERTIFICATE OF SERVICE

I, [________________________________], certify that I served this Notice on Tenant on [__/__/____] at [__:__] ☐ AM ☐ PM by:

Notice language under C.R.S. § 13-40-106(3): ☐ English ☐ Spanish ☐ Other known or reasonably known primary language: [________________________________]

☐ Personal delivery to a known tenant occupying the Premises
☐ Leaving a copy with [NAME], a person or tenant family member older than fifteen years residing on or in charge of the Premises
☐ Posting after personal-service attempts on two separate days: [DATES / TIMES]
☐ Known victim-survivor procedure: three personal-service attempts, then posting plus ☐ certified mail ☐ commercial courier with proof of delivery; tracking/proof: [________________________________]

Signature: [________________________________] Date: [__/__/____]
Print Name: [________________________________]

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PART 2 — COMPLAINT IN FORCIBLE ENTRY AND DETAINER

(C.R.S. § 13-40-110; corresponds to JDF 101)

DISTRICT COURT / COUNTY COURT, [____________] COUNTY, COLORADO

Court Address: [________________________________]

Plaintiff's Attorney (if any): [________________________________]
Atty Reg. #: [____________] Phone: [____________]
Email: [________________________________]

Case Number: [____________]
Division: [____] Courtroom: [____]

COMPLAINT IN FORCIBLE ENTRY AND DETAINER

Plaintiff, by and through [pro se / counsel], complains against Defendant(s) and alleges:

1. Parties and Premises. Plaintiff is the landlord/owner of the residential premises located at [________________________________], City of [____________], County of [____________], State of Colorado, ZIP [_______] (the "Premises"). Defendant(s) is/are the tenant(s) in possession.

2. Tenancy. The parties entered into a ☐ written ☐ oral rental agreement on or about [__/__/____], for a term of: ☐ month-to-month ☐ fixed term ending [__/__/____] ☐ other: [________________________________]. The monthly rent is $[__________], due on the [____] day of each month.

3. Grounds for Eviction. Plaintiff is entitled to possession on the following ground(s) under C.R.S. § 13-40-104 (check all that apply):

☐ (a) Nonpayment of rent in the amount of $[__________] for the period [__/__/____] through [__/__/____].
☐ (b) Material breach of lease: [________________________________].
☐ (c) Repeat violation following prior Demand for Compliance served on [__/__/____].
☐ (d) Substantial violation under C.R.S. § 13-40-107.5: [________________________________].
☐ (e) Holdover after a permitted termination of an exempt periodic tenancy / a specified no-fault ground under C.R.S. § 38-12-1303(3): [________________________________].

4. Notice. On [__/__/____], Plaintiff served Defendant(s) with the statutorily required Demand for Compliance / Notice to Quit by [check method]: ☐ personal service ☐ delivery to a person or tenant family member older than fifteen years residing on or in charge of the Premises ☐ posting after the required personal-service attempts ☐ enhanced known-victim-survivor service. A true copy and proof of service are attached as Exhibit A.

5. Defendant's Failure to Comply. The statutory notice period expired on [__/__/____]. Defendant(s) has/have failed to cure the default and/or to vacate, and unlawfully detain the Premises.

6. Amount Due. As of the date of this Complaint, Defendant(s) owe Plaintiff:

Per-diem rent accruing post-filing: $[__________].

7. For-Cause / No-Fault Compliance (where applicable — HB 24-1098). Plaintiff certifies that the eviction is based on a "for-cause" ground listed in C.R.S. § 38-12-1303(2), OR satisfies the no-fault notice and statutory requirements of C.R.S. § 38-12-1303(3). ☐ N/A (exempt landlord).

8. CARES Act / Federal Assistance. ☐ The Premises is NOT a "covered dwelling" under the CARES Act. ☐ If covered, the required 30-day notice was given.

9. Attorney's Fees. ☐ The lease provides for prevailing-party attorney's fees. ☐ Statutory basis: [____________].

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:

(a) Awarding Plaintiff immediate possession of the Premises and issuing a Writ of Restitution;
(b) Awarding Plaintiff money damages for past-due rent, per-diem rent through possession, late fees, and other lease-permitted charges in the amount of $[__________];
(c) Awarding Plaintiff costs and reasonable attorney's fees as permitted by the lease and applicable law;
(d) Granting such further relief as the Court deems just and proper.

VERIFICATION

I, [________________________________], being Plaintiff (or Plaintiff's authorized agent), declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct to the best of my knowledge.

Executed at [____________], Colorado, on [__/__/____].

Signature: [________________________________]
Print Name and Title: [________________________________]

SUMMONS DATA (to accompany JDF 101)

Summons answer / appearance date (set 7–14 days after issuance of the summons under C.R.S. § 13-40-111(1)): [__/__/____] at [__:__] ☐ AM ☐ PM.

SOURCES AND REFERENCES

• Colorado Revised Statutes Title 13, Article 40 (Forcible Entry and Detainer): https://leg.colorado.gov/
• Colorado Judicial Branch self-help forms (JDF 99 A, JDF 99 B, JDF 99 C, JDF 101): https://www.coloradojudicial.gov/self-help/residential-evictions
• C.R.S. § 38-12-1303 (For-Cause Eviction Act, HB 24-1098)
• HB 19-1118 (extending ordinary residential notice periods)
• Colorado Warranty of Habitability — C.R.S. § 38-12-503