10-Day Notice to Cure or Quit (Material Lease Noncompliance)

10-DAY NOTICE TO CURE OR QUIT — COLORADO

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Tenancy
3. Description of Violation
4. Lease Provision Violated
5. Required Corrective Action and Cure Period
6. Cause Statement Under HB 24-1098
7. Tenant Rights and Resources
8. Reservation of Rights
9. Signature
10. Declaration / Certificate of Service
11. Drafting and Service Notes
12. Sources and References

1. NOTICE HEADER AND IDENTIFICATION

TEN (10) DAY NOTICE TO CURE OR QUIT (DEMAND FOR COMPLIANCE)

Pursuant to C.R.S. § 13-40-104(1)(e)

2. STATEMENT OF TENANCY

YOU ARE HEREBY NOTIFIED that you are tenant(s) in possession of the residential premises described above pursuant to:

☐ A written lease dated [__/__/____] (term: [________________________________])
☐ An oral month-to-month tenancy commenced on or about [__/__/____]
☐ A renewal/holdover of a prior written lease

Monthly rent: $[____________] due on the [____] day of each month.

3. DESCRIPTION OF VIOLATION

YOU ARE FURTHER NOTIFIED that you have materially breached the lease by engaging in the following conduct, which constitutes a substantial breach of a material covenant of the lease and Colorado law:

Specific facts of the violation:

[Describe with date(s), location, conduct, and any witnesses with reasonable particularity. Avoid vague references; specify what occurred, when, and where. Examples below — delete inapplicable.]

Category of violation (check all that apply):

☐ Unauthorized occupant(s) residing in the premises (names: [______________])
☐ Unauthorized pet(s) on the premises in violation of pet policy
☐ Excessive noise / disturbance interfering with quiet enjoyment of others
☐ Property damage beyond ordinary wear and tear (describe: [_____________])
☐ Failure to maintain renter's insurance as required by Section [____] of the lease
☐ Smoking on premises in violation of no-smoking provision
☐ Unauthorized alterations / modifications to the premises
☐ Failure to maintain premises in clean and sanitary condition
☐ Other material breach: [____________________________________________]

4. LEASE PROVISION VIOLATED

The conduct described in Section 3 violates the following provision(s) of your lease and/or Colorado law:

5. REQUIRED CORRECTIVE ACTION AND CURE PERIOD

YOU HAVE TEN (10) DAYS from the date this notice is served on you to either:

(a) CURE the violation by taking the following corrective action:

[Specify the action required to cure — e.g., remove unauthorized occupant, remove unauthorized pet, repair specific damage, cease specified conduct, provide proof of insurance, etc. Be concrete and verifiable.]

1. [____________________________________________]
2. [____________________________________________]
3. [____________________________________________]

OR

(b) VACATE and surrender possession of the premises to the landlord.

Computation of the 10-day period excludes the day of service and includes the last day; if the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day. C.R.C.P. 6(a).

IF YOU FAIL to cure the violation OR vacate the premises within ten (10) days, the landlord will commence a forcible entry and detainer (eviction) action against you in the County Court for [___________] County, Colorado, pursuant to C.R.S. § 13-40-104(1)(e), seeking:

• Possession of the premises;
• Rent and damages accrued through judgment;
• Court costs and, if authorized by the lease and law, reasonable attorney fees;
• Such other relief as the court deems just.

A timely and complete cure within the 10-day period preserves the tenancy as to the violation described herein. The landlord may NOT refuse a complete and timely cure for the conduct described in this notice.

6. CAUSE STATEMENT UNDER HB 24-1098

This notice is grounded in a statutorily authorized "for-cause" reason for eviction under C.R.S. § 38-12-1303(2): material noncompliance with the lease and/or conduct creating a nuisance or disturbance interfering with the quiet enjoyment of the landlord or other tenants and/or negligent damage to the property.

7. TENANT RIGHTS AND RESOURCES

You have important rights under Colorado law:

• Right to cure. Take the corrective action specified above within 10 days; the landlord cannot refuse a timely, complete cure for this violation.
• Right to a court hearing. The landlord cannot remove you without an eviction judgment and writ of restitution. Self-help eviction is illegal — three times monthly rent plus attorney fees. C.R.S. § 38-12-510.
• Right against retaliation. Colorado law presumes retaliation if eviction follows within six (6) months after you reported habitability conditions, contacted a code-enforcement agency, or organized with other tenants. C.R.S. § 38-12-509.
• Right against discrimination. A landlord may not evict based on race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, disability, familial status, source of income (including housing-choice vouchers), marital status, age, creed, or military status. C.R.S. § 24-34-502; 42 U.S.C. § 3604. Source-of-income discrimination has been prohibited since 2020 (HB 19-1170 / HB 20-1332).
• Warranty of habitability. C.R.S. § 38-12-503 (as amended by SB 24-094 effective 05/03/2024). No bond is required to raise habitability as a defense.
• VAWA. A landlord may not evict on the basis of incidents of domestic violence, dating violence, sexual assault, or stalking against the tenant. 34 U.S.C. § 12491; C.R.S. § 38-12-402.
• SCRA. Active-duty servicemembers may have additional protections. 50 U.S.C. § 3951.
• Eviction record sealing. Certain eviction records may be sealed under HB 23-1186 / HB 23-1099.
• Local protections. Denver "Healthy Residential Rentals for All" (DRMC § 27-200), Boulder, Aurora, Fort Collins, and other municipalities provide additional protections.
• Legal aid: Colorado Legal Services (303-837-1313); coloradolegalservices.org; lawhelp.colorado.gov; 211 Colorado.

8. RESERVATION OF RIGHTS

The landlord expressly reserves all rights and remedies under the lease, Colorado law, and federal law, including the right to recover damages, costs, and attorney fees. Acceptance of rent during the cure period does not constitute waiver. The landlord reserves the right to amend, supplement, withdraw, or re-serve this notice as permitted by law.

This notice is given without prejudice to any other prior, contemporaneous, or subsequent default.

9. SIGNATURE

Dated this [____] day of [_______________], 20[____].

Landlord / Authorized Agent:

By: [____________________________________________]
Printed Name: [____________________________________________]
Title / Capacity: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney
Address: [____________________________________________]
Telephone: [_____________________]
Email: [____________________________________________]

10. DECLARATION / CERTIFICATE OF SERVICE

I, [________________________________], declare under penalty of perjury under the laws of the State of Colorado that on [__/__/____], at approximately [____]:[____] ☐ a.m. ☐ p.m., I served the foregoing 10-Day Notice to Cure or Quit on the tenant(s) named above by the following method (C.R.S. § 13-40-108):

☐ Personal delivery to the tenant at the premises.
☐ Personal delivery to a person of suitable age and discretion (≥ 15 years) residing at the premises, namely [________________________________].
☐ Posting in a conspicuous place on the premises (door) AND mailing a copy by first-class U.S. mail, postage prepaid, to the tenant at the premises (no other person available).
☐ Other (describe): [____________________________________________]

Premises Address: [____________________________________________]

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

Signature: [____________________________________________]
Printed Name: [____________________________________________]
Relationship to Landlord: [____________________________________________]

11. DRAFTING AND SERVICE NOTES

• Strict construction. Defective notices invalidate the eviction. Specify the violation, the lease provision, and the required cure with particularity.
• Materiality. Only material breaches support eviction. De minimis or technical violations should not be pursued under this statute; consider written warning instead.
• Substantial violation distinguished. Endangerment, drug-related criminal activity, violent felonies, and similar conduct fall under C.R.S. § 13-40-107.5 and require a 3-day notice WITHOUT cure opportunity. Use a different template for those situations.
• Repeated-violation strategy. Document a pattern with prior written warnings. A landlord cannot simply re-issue the same cure notice for the same conduct without intervening recurrence after cure.
• Cure refusal trap. If the landlord refuses a tendered, timely, complete cure, the tenant has a complete defense and may recover damages.
• Mid-month service / rent acceptance. Acceptance of rent applicable to a period after the notice may waive the right to terminate; reserve rights in writing.
• Local ordinances. Denver, Boulder, and other localities require specific notice contents or pre-notice mediation; check before serving.
• No outer markdown fence; render-tested. Per CLAUDE.md.

12. SOURCES AND REFERENCES

• C.R.S. § 13-40-104 — Unlawful detention defined: https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/
• C.R.S. § 13-40-107.5 — Substantial violation
• C.R.S. § 13-40-108 — Service of notice
• C.R.S. § 38-12-503 — Warranty of habitability (amended SB 24-094)
• C.R.S. § 38-12-509 — Retaliation
• C.R.S. § 38-12-510 — Self-help eviction prohibited
• C.R.S. § 38-12-1301 et seq. — Just cause: https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/
• C.R.S. § 24-34-502 — Colorado Anti-Discrimination Act (CADA)
• HB 21-1121: https://leg.colorado.gov/bills/hb21-1121
• HB 24-1098: https://leg.colorado.gov/bills/hb24-1098
• HB 23-1095 (Prohibited Provisions in Rental Agreements): https://leg.colorado.gov/bills/HB23-1095
• HB 23-1186 (Remote Participation in Residential Evictions): https://leg.colorado.gov/bills/hb23-1186
• C.R.C.P. 304 — FED procedure
• Colorado Judicial Branch FED forms: https://www.coloradojudicial.gov/
• Colorado Legal Services: https://www.coloradolegalservices.org/

END OF NOTICE