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 — corresponds to Colorado Judicial Form JDF 99)

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

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

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

DATE OF NOTICE: [__/__/____]

TYPE OF NOTICE (check one)

☐ 10-DAY DEMAND FOR COMPLIANCE OR POSSESSION — NONPAYMENT OF RENT (C.R.S. § 13-40-104(1)(d.5); HB 21-1121). 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 full amount due OR vacate within TEN (10) days after service of this Notice.

☐ 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.

☐ 3-DAY NOTICE TO QUIT — 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 THREE (3) days. No opportunity to cure.

☐ 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 PERIODIC TENANCY (C.R.S. § 13-40-107). The tenancy is terminated effective [__/__/____]. Notice period given: ☐ 91 days (≥ 1 yr lease) ☐ 28 days (month-to-month, ≥ 6 mo) ☐ 21 days (1–6 mo) ☐ 7 days (1 wk–1 mo) ☐ 1 day (< 1 wk).

☐ 90-DAY NO-FAULT NOTICE (C.R.S. § 38-12-1303(3); HB 24-1098). The qualifying no-fault ground is: ☐ Demolition/Conversion ☐ Substantial Repairs ☐ Owner/Family Move-In ☐ Withdrawal from Rental Market ☐ Other: [________________________________].

DEMAND

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

(a) CURE the default by paying the full sum of $[__________] (rent $[_____] + permitted late fees $[_____]) and/or curing the 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, unpaid rent, late fees as permitted under C.R.S. § 38-12-105, costs, and reasonable attorney's fees if authorized by the lease or statute.

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.
• Mediation may be available through community dispute resolution programs.
• 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:

☐ Personal delivery to Tenant
☐ Leaving a copy with a person ≥ 15 yrs of age residing at the Premises
☐ Posting in a conspicuous place on the Premises (no person ≥ 15 yrs found)
☐ Email (only if Tenant consented to electronic service per C.R.S. § 13-40-108)

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 termination of periodic tenancy / no-fault ground.
☐ (f) Other: [________________________________].

4. Notice. On [__/__/____], Plaintiff served Defendant(s) with the statutorily required Demand for Compliance / Notice to Quit by [check method]: ☐ personal service ☐ substitute service on person ≥ 15 yrs ☐ posting. A true copy is 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)

Trial Date / Return Date (set by Court, typically 7–14 days after filing): [__/__/____] 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, JDF 101, JDF 99B): https://www.coloradojudicial.gov/self-help-and-forms
• C.R.S. § 38-12-1303 (For-Cause Eviction Act, HB 24-1098)
• HB 21-1121 (extending nonpayment cure period from 3 to 10 days)
• Colorado Warranty of Habitability — C.R.S. § 38-12-503