Notice to Terminate Tenancy (No-Cause / Non-Renewal — HB 24-1098 Compliant)

NOTICE TO TERMINATE TENANCY (NO-CAUSE / NON-RENEWAL) — COLORADO

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Tenancy
3. Statutory Basis for Termination
4. Written Statement of Cause (HB 24-1098)
5. Notice Period and Vacate Date
6. Special Disclosures by No-Fault Ground
7. Tenant Rights and Resources
8. Move-Out Procedures and Security Deposit
9. Reservation of Rights
10. Signature
11. Declaration / Certificate of Service
12. Drafting and Service Notes
13. Sources and References

1. NOTICE HEADER AND IDENTIFICATION

NOTICE TO TERMINATE TENANCY / NON-RENEWAL OF LEASE

Pursuant to C.R.S. § 13-40-107 and § 38-12-1303 (HB 24-1098)

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: [______________________]; expires [__/__/____])
☐ A month-to-month tenancy commenced on or about [__/__/____]
☐ A year-to-year tenancy commenced on or about [__/__/____]
☐ A week-to-week tenancy commenced on or about [__/__/____]
☐ A tenancy at will commenced on or about [__/__/____]

Total continuous tenancy duration to date: [____] year(s) [____] month(s).

3. STATUTORY BASIS FOR TERMINATION

Check the applicable basis (one only):

A. EXEMPT TENANCY — § 38-12-1302

This tenancy is EXEMPT from the cause-required provisions of HB 24-1098 because:

☐ Owner-occupied single-family, duplex, or triplex property where landlord resides on the premises or in an immediately adjacent unit. § 38-12-1302(2)(b).
☐ Short-term rental (≤ 30 days). § 38-12-1302(2)(a).
☐ Mobile home lot subject to Mobile Home Park Act. § 38-12-1302(2)(d).
☐ Employer-provided housing where employment relationship has terminated. § 38-12-1302(2)(c).
☐ Tenant has occupied the premises for less than twelve (12) months and has not been offered a renewal. § 38-12-1302(2)(e).
☐ Unauthorized occupant unknown to the landlord. § 38-12-1302(2)(f).
☐ Other exemption: [____________________________________________]

Periodic-tenancy notice period under C.R.S. § 13-40-107 used: ☐ 91 ☐ 28 ☐ 21 ☐ 3 ☐ 1 day(s).

B. NO-FAULT GROUND — § 38-12-1303(3)

This termination is supported by the following enumerated no-fault ground (90-day notice):

☐ Demolition or conversion of the premises to non-residential or short-term-rental use. § 38-12-1303(3)(a). Project description and timeline attached.
☐ Substantial repairs or renovations that cannot reasonably be performed with the tenant in occupancy. § 38-12-1303(3)(b). Right of first refusal offered if < 180 days.
☐ Owner or immediate-family-member occupancy as primary residence for at least 12 months. § 38-12-1303(3)(c).
☐ Withdrawal from rental market for sale of the premises. § 38-12-1303(3)(d).
☐ Tenant refusal to sign a renewal lease with reasonable terms (specify offer date and terms). § 38-12-1303(3)(e).
☐ History of nonpayment — three (3) or more rent payments more than ten (10) calendar days late during the tenancy. § 38-12-1303(3)(f).

C. FOR-CAUSE GROUND — § 38-12-1303(2)

[For for-cause grounds (nonpayment, material noncompliance, substantial violation, nuisance, negligent damage, holdover, illegal activity), use the appropriate cure-or-quit or pay-or-quit notice template; this template is principally for non-renewal / no-cause terminations of exempt tenancies and for HB 24-1098 no-fault non-renewals.]

4. WRITTEN STATEMENT OF CAUSE (HB 24-1098)

Required by C.R.S. § 38-12-1303(3)(c) for all non-exempt tenancies.

The specific reason for termination / non-renewal is:

[Provide a detailed factual narrative of the cause. For demolition: include project description, anticipated start date, permits applied/issued, and timeline. For owner occupancy: identify the owner or family member, relationship, and intended occupancy date. For withdrawal-for-sale: include listing intent. For history of nonpayment: list the dates and amounts of each late payment > 10 days late.]

[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]
[____________________________________________________________]

Supporting documentation attached:

☐ Building permit / demolition permit
☐ Architect or contractor scope of work and timeline
☐ Owner / family member affidavit of intent to occupy
☐ Listing agreement / sales contract
☐ Rent ledger documenting late payments (with dates)
☐ Renewal lease offered and tenant's written refusal (or non-response)
☐ Other: [____________________________________________]

5. NOTICE PERIOD AND VACATE DATE

YOU ARE REQUIRED to vacate and surrender possession of the premises on or before:

[__/__/____] at [____]:[____] ☐ a.m. ☐ p.m.

This date is calculated as follows:

☐ Ninety (90) days from service of this notice — HB 24-1098 no-fault eviction. § 38-12-1303(3).
☐ Forty-five (45) days from service — active-duty military tenant or spouse. § 38-12-1303(3)(g).
☐ Ninety-one (91) days — periodic tenancy of one year or longer (exempt tenancy). § 13-40-107(1)(a).
☐ Twenty-eight (28) days — periodic tenancy ≥ 6 months but < 1 year. § 13-40-107(1)(b).
☐ Twenty-one (21) days — periodic tenancy ≥ 1 month but < 6 months. § 13-40-107(1)(c).
☐ Three (3) days — periodic tenancy ≥ 1 week but < 1 month, or at-will. § 13-40-107(1)(d).
☐ One (1) day — tenancy < 1 week. § 13-40-107(1)(e).

Computation 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 vacate by the date above, the landlord will commence a forcible entry and detainer action in the County Court for [___________] County, Colorado, pursuant to C.R.S. § 13-40-110 et seq.

6. SPECIAL DISCLOSURES BY NO-FAULT GROUND

6.1 Demolition / Conversion (§ 38-12-1303(3)(a))

6.2 Substantial Repairs / Renovations (§ 38-12-1303(3)(b))

6.3 Owner / Family Occupancy (§ 38-12-1303(3)(c))

6.4 Withdrawal for Sale (§ 38-12-1303(3)(d))

6.5 History of Late Payments (§ 38-12-1303(3)(f))

7. TENANT RIGHTS AND RESOURCES

You have important rights under Colorado law:

• Right to challenge cause. If you believe the stated cause is pretextual, false, or covers retaliation/discrimination, you may raise it as an affirmative defense in any eviction action and may pursue independent remedies including damages and attorney fees. § 38-12-1305.
• Right to a court hearing. No removal without judgment and writ of restitution. Self-help is illegal. C.R.S. § 38-12-510.
• Right against retaliation. 6-month presumption applies if you reported habitability conditions, contacted code enforcement, or organized with tenants. C.R.S. § 38-12-509.
• Right against discrimination. 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, and military status are protected. C.R.S. § 24-34-502; 42 U.S.C. § 3604.
• Right against pretextual rent increases. A rent increase used to circumvent just cause is barred. C.R.S. § 38-12-1307.
• VAWA. Federal protections may bar termination based on incidents of domestic violence. 34 U.S.C. § 12491; C.R.S. § 38-12-402.
• SCRA. Active-duty servicemembers entitled to additional protections, including 45-day notice. 50 U.S.C. § 3951; § 38-12-1303(3)(g).
• Security deposit. Return within 30 days of vacating (60 days if lease so provides) under C.R.S. § 38-12-103. Wrongful retention triggers treble damages and attorney fees. Note 2026 amendments under HB 25-1249.
• Eviction record sealing. Possible under HB 23-1186 / HB 23-1099 record-sealing provisions.
• Local protections. Denver, Boulder, Aurora, Fort Collins, and other municipalities have additional rules.
• Legal aid. Colorado Legal Services (303-837-1313); coloradolegalservices.org; lawhelp.colorado.gov; 211 Colorado.

8. MOVE-OUT PROCEDURES AND SECURITY DEPOSIT

To facilitate a smooth move-out:

• Provide a forwarding address in writing for return of the security deposit.
• Schedule a move-out walkthrough with the landlord at least 7 days before vacate date.
• Return all keys, fobs, garage remotes on or before vacate date.
• Cancel utilities as of the vacate date and provide final meter readings.
• Security deposit will be returned within thirty (30) days of move-out (or up to sixty (60) days if specified in the lease) per C.R.S. § 38-12-103. An itemized statement of any deductions will accompany any partial return.

9. RESERVATION OF RIGHTS

The landlord expressly reserves all rights and remedies under the lease, Colorado law, and federal law. Acceptance of any post-notice payment shall be treated as use-and-occupancy compensation only and shall not waive termination unless reduced to a signed writing.

10. SIGNATURE

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

Landlord / Authorized Agent:

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

11. 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 Notice to Terminate Tenancy 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.
☐ Posting in a conspicuous place on the premises AND mailing first-class U.S. mail.
☐ Other (describe): [____________________________________________]

Premises Address: [____________________________________________]

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

Signature: [____________________________________________]
Printed Name: [____________________________________________]

12. DRAFTING AND SERVICE NOTES

• HB 24-1098 fundamental shift. As of April 19, 2024, "no-cause" eviction is gone for most residential tenancies of 12+ months. Confirm exemption or articulate enumerated cause.
• Strict construction. Notice deficiencies are fatal — wrong period, missing cause, wrong premises description, missing supporting documentation — and require restart.
• Periodic-tenancy notice still relevant. For exempt tenancies (small landlords, owner-occupied, employer housing, < 12 months), § 13-40-107 still controls.
• Pretext. Stated reason must be true and the underlying purpose actually pursued; courts examine whether owner actually moves in, sale actually occurs, demolition permits actually issue.
• Right of first refusal. Required for substantial-repair non-renewals < 180 days.
• Rent increase as pretext. Barred under § 38-12-1307.
• Local ordinances. Denver, Boulder, Aurora, Fort Collins layer additional notice or mediation requirements.
• Per CLAUDE.md: No outer markdown fence; markdown table captions only; HTML comment guidance.

13. SOURCES AND REFERENCES

• C.R.S. § 13-40-107 — Notice to terminate tenancy: https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/
• C.R.S. § 38-12-1301 et seq. — Just cause (HB 24-1098): https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/
• C.R.S. § 38-12-103 — Return of security deposit
• C.R.S. § 38-12-509 — Retaliation
• C.R.S. § 38-12-510 — Self-help eviction prohibited
• C.R.S. § 38-12-1307 — Pretextual rent increases
• C.R.S. § 24-34-502 — CADA (source-of-income protection)
• HB 24-1098: https://leg.colorado.gov/bills/hb24-1098
• HB 24-1098 signed bill text: https://content.leg.colorado.gov/sites/default/files/2024a_1098_signed.pdf
• HB 21-1121 — Residential Tenancy Procedures: https://leg.colorado.gov/bills/hb21-1121
• 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
• HB 25-1249 — Tenant Security Deposit Protections: https://leg.colorado.gov/bills/HB25-1249
• Colorado Bar Association — Significant Changes to Landlord-Tenant Law in 2024: https://cl.cobar.org/features/significant-changes-to-landlord-tenant-law-in-2024/
• Colorado Judicial Branch FED forms: https://www.coloradojudicial.gov/
• Colorado Legal Services: https://www.coloradolegalservices.org/

END OF NOTICE