How can a lease be terminated under the laws of Colorado?

A tenancy may be terminated by either party giving notice in writing, as follows:

(a) for tenancies of 1 year or longer, 3 months;
(b) for tenancies of 6 months or longer but less than 1 year - 1 month;
(c) for tenancies of 1 month or longer but less than 6 months - 10 days;
(d) for tenancies of 1 week or longer but less than 1 month, or for tenancies at will - 3 days;
(e) for tenancies of less than 1 week - 1 day.

If a lease has a date of termination or a definite term and if there is no mention of a requirement to give notice of termination, then the lease expires and the tenant is responsible to leave the premises on the date or at the end of the term stated. The landlord is under no obligation to automatically renew the lease with the tenant. If a lease does require that a tenant give notice of termination prior to the stated expiration of the lease, then the specified amount of notice must be given before a tenant is free and clear of his/her obligation.

On what grounds can a landlord evict a tenant in the State of Colorado?

A landlord can evict a tenant for (i) nonpayment of rent, (ii) refusing to vacate the property at the end of the lease term or after it has been terminated, (iii) violation of a condition of the lease, (iv) criminal activity in the premises, (v) behavior which endangers the landlord's property, any other tenants of the building or persons living on or near the premises, and (vi) public nuisance.

The landlord must first give the tenant a 3-day notice. If the tenant fails to cure the default in that time period, the landlord can go to court to try to obtain an eviction order. A landlord cannot evict without an eviction order, and the eviction order is only enforceable by the Sheriff. The landlord may not lock the tenant out of the premises, shut off the utilities or forcibly move the tenant or his/her possessions out of the building. Actions such as physical contact or intimidation should be reported to the police. If a tenant is locked out, the tenant may not force their way back into the premises. A tenant should seek legal advice prior to attempting to re-enter the premises on their own.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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