Legal Notice - Eviction

NOTICE TO QUIT / DEMAND FOR COMPLIANCE OR POSSESSION

(State of Colorado – Residential Tenancies)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties
   1.1 Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
   1.2 Tenant(s): [TENANT LEGAL NAME(S)]
   1.3 Premises: [STREET ADDRESS, UNIT, CITY, CO ZIP] (“Premises”)

2. Effective Date
   2.1 This Notice is effective upon the earlier of (a) the date of personal service on Tenant or (b) the posting/mailing date set forth in the Certificate of Service below (“Service Date”).

3. Jurisdiction & Governing Law
   3.1 This Notice is issued pursuant to Colo. Rev. Stat. § 13-40-104 and other applicable provisions of Colorado landlord–tenant law (“Colorado Law”).
   3.2 Any ensuing eviction action shall be filed exclusively in the [COUNTY] County Court, State of Colorado (“Designated Court”).

4. Recitals
   A. Landlord and Tenant are parties to that certain [LEASE NAME] dated [LEASE DATE] (“Lease”).
   B. Tenant is in default under the Lease as more fully described below.
   C. Landlord now demands either (i) full compliance within the statutory cure period or (ii) surrender of possession of the Premises.

II. DEFINITIONS

“Cure Period” – The statutory period measured from the Service Date within which Tenant may remedy the stated default, as follows:
a. Non-Payment of Rent or Other Monetary Default: 10 calendar days.
b. Violation of Non-Monetary Lease Covenant: 10 calendar days.
c. Month-to-Month Termination (No Cause): 21 calendar days.
d. Other Statutory Grounds: [INSERT APPLICABLE STATUTORY PERIOD].

“Expiration Date” – 11:59 p.m. Mountain Time on the final day of the Cure Period.

“Rent” – All recurring rent, late fees, utilities, and other sums due under the Lease through the Expiration Date.

“Notice” – This Notice to Quit / Demand for Compliance or Possession, including all attachments and certificates of service.

III. OPERATIVE PROVISIONS

3.1 Statement of Default
Tenant is currently in default of the Lease as follows:
• Nature of default: [E.G., NON-PAYMENT OF RENT]
• Amount/description: [E.G., $____ PAST-DUE RENT FOR MMM YYYY]

3.2 Demand for Compliance
Landlord hereby demands that Tenant, on or before the Expiration Date:
a. Pay the Total Amount Due of $[AMOUNT] to [PAYEE NAME & ADDRESS / ONLINE PORTAL]; OR
b. Cure the non-monetary violation described above to Landlord’s reasonable satisfaction and deliver written proof of cure.

3.3 Demand for Possession
Failing full compliance within the Cure Period, Tenant must vacate and surrender exclusive possession of the Premises to Landlord by the Expiration Date.

3.4 No Waiver by Acceptance of Partial Performance
Acceptance of any partial payment or cure effort shall not waive Landlord’s rights unless Landlord gives Tenant written confirmation of such waiver.

3.5 Condition Precedent to Further Action
Compliance or surrender within the Cure Period shall restore the Lease to good standing, subject to Landlord’s rights regarding any repeat violations within the prior six (6) months under Colo. Rev. Stat. § 13-40-104(4).

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents that:
a. Landlord holds legal title or a valid contractual right to enforce the Lease;
b. All statements in this Notice are true and correct to the best of Landlord’s knowledge.

4.2 Tenant representations and warranties under the Lease remain in full force and are hereby incorporated by reference.

V. COVENANTS & RESTRICTIONS

5.1 Landlord Covenant – Legal Compliance
Landlord shall prosecute any eviction action strictly in accordance with Colorado Law and the Colorado Rules of Civil Procedure.

5.2 Tenant Covenant – Ongoing Performance
Tenant shall continue to comply with all Lease terms, including payment of accruing Rent, during the Cure Period and any holdover period.

VI. DEFAULT & REMEDIES

6.1 Events of Default
a. Failure to cure the stated default on or before the Expiration Date;
b. Failure to vacate the Premises on or before the Expiration Date.

6.2 Remedies
Upon any Event of Default, Landlord may:
i. File a forcible entry and detainer (FED) action in the Designated Court;
ii. Seek judgment for possession, back Rent, holdover damages, court costs, and attorney fees as permitted by the Lease and Colorado Law;
iii. Seek issuance of a writ of restitution for physical eviction;
iv. Pursue any other remedies available at law or in equity.

6.3 Attorney Fees & Costs
Pursuant to the Lease and Colo. Rev. Stat. § 13-40-123, Tenant shall be liable for Landlord’s reasonable attorney fees and costs incurred in enforcing this Notice.

VII. RISK ALLOCATION

7.1 Indemnification – Not Applicable (per Metadata).

7.2 Limitation of Liability – Not Applicable (per Metadata).

7.3 Force Majeure
Time periods stated herein are statutory and shall not be extended by force-majeure events unless expressly required by Colorado Law or court order.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Notice and any related proceedings shall be governed by Colorado Law.

8.2 Forum Selection
Exclusive venue lies in the Designated Court.

8.3 Arbitration
Arbitration is not available for eviction matters under Colorado Law and is therefore expressly excluded.

8.4 Jury Waiver
No waiver of the constitutional right to jury trial is made or required by this Notice; any such waiver must occur, if at all, pursuant to court rules in the eviction action.

8.5 Injunctive Relief
Landlord expressly reserves the right to seek injunctive relief, including but not limited to a writ of restitution, as an eviction remedy.

IX. GENERAL PROVISIONS

9.1 Integration
This Notice constitutes the entire statutory notice required for the default described and integrates all prior verbal or written communications regarding such default.

9.2 Amendments & Waivers
Any amendment or waiver of this Notice must be in writing and signed by Landlord or Landlord’s authorized agent.

9.3 Severability
If any provision of this Notice is held invalid, the remaining provisions shall continue in full force.

9.4 Counterparts / Electronic Delivery
This Notice may be executed and served in counterparts, including electronic or facsimile counterparts, each of which is deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Landlord (or Landlord’s authorized agent) has executed this Notice on the date set forth below.

Name: [PRINTED NAME]
Title: [MANAGER / OWNER / ATTORNEY-IN-FACT]
Address for Payments & Notices: [ADDRESS / EMAIL / PORTAL LINK]
Telephone: [PHONE]

CERTIFICATE OF SERVICE

I, [SERVER’S NAME], being at least 18 years of age and not a party to the Lease, hereby certify that on [DATE OF SERVICE] I served this Notice upon the above-named Tenant(s) in the manner indicated below (check all that apply):

☐ Personal delivery to Tenant.
☐ Delivery to a person over the age of 15 years residing at the Premises.
☐ Posting in a conspicuous place on the Premises AND mailing a copy via first-class mail to the Premises.

Executed on [DATE] at [CITY, CO].

Signature: _______________________________
Printed Name: [SERVER’S PRINTED NAME]