Breach Of Lease Notice

I. Introduction
II. Terminating a periodic tenancy by choice
III. Terminating a periodic tenancy or a term tenancy for cause
IV. Serving a termination notice

I. Introduction

A "periodic tenancy" is a rental agreement with no set ending date, for example a month-to-month tenancy, which can continue until either landlord or tenant decides to end it by choice, or if cause arises for the tenancy to be terminated due to a violation ("breach") of the agreement.

A "term tenancy" is a rental agreement for a predetermined term with a set beginning and ending date, for example, January 1, 2000, to December 31, 2000. Unless there is a violation ("breach") of the rental agreement, the tenancy may not be ended prior to the end of its defined term unless landlord and tenant agree to cut it short.

"Serving" a termination notice means delivering the notice to the tenant. Service of the notice must be done according to law and in the proper form. These requirements are described in IV., below.

II. Terminating a periodic tenancy by choice

13-40-107 Notice to quit (L. 1979)

(1) A [periodic] tenancy may be terminated [by landlord or by tenant] by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:
(a) A tenancy for one year or longer, three months;
(b) A tenancy of six months or longer but less than a year, one month;
(c) A tenancy of one month or longer but less than six months, ten days;
(d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days;
(e) A tenancy for less than one week, one day.

(2) Such notice shall describe the property and the particular time when the tenancy will terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney.

(3) [Omitted].

(4) No notice to quit shall be necessary from or to a tenant whose term is, by agreement, to end at a time certain.

(5) [Omitted].

III. Terminating a periodic tenancy or a term tenancy for cause Summary:

Non-payment of Rent: 3-day notice. Pay or vacate. See 13-40-104, below.

Violent Criminal Acts/ Drug-related Felonies: 3-day notice to vacate. See 3-40-104, below.

Breach of Rental Agreement: 3-day notice. Remedy breach, or vacate. See 13-40-104, below.

Repeat of Breach of Rental Agreement: If same infraction, 3-day notice to vacate. See 13-40-104, below.

13-40-104 Unlawful detention defined [All sections heavily abridged - Ed.] (L. 1998)

(1) Any person is guilty of an unlawful detention of real property in the following cases:

(a) ... [Omitted]

(b) ... [Omitted]

(c) When any tenant at will, or by sufferance, or for any part of a year, or for one or more years, holds over after the expiration of the term for which the premises were leased, or after such tenancy has been terminated by either party;

(d) When such tenant holds over without permission of his landlord after any default in the payment of rent pursuant to the rental agreement, and three days' notice in writing has been duly served upon the tenant, requiring in the alternative the payment of the rent or the possession of the premises. (No agreement shall contain a waiver by the tenant of this three days' notice requirement).

(d.5) When such tenant or lessee holds over, without the permission of the landlord, contrary to any condition or covenant the violation of which is defined as a substantial violation in section 13-40-107.5, [violent criminal acts, drug-related felonies] and notice [three day written notice to quit: shall describe the property, the particular time when the tenancy will terminate, and the grounds for termination, and shall be signed by the landlord or agent] in writing has been duly served upon such tenant or lessee in accordance with section [13-40-107.5 L. 2003];

(e) When such tenant holds over, without permission, contrary to any other condition of the agreement under which such tenant holds, and three days' notice in writing has been duly served upon such tenant requiring in the alternative the compliance with such condition or the delivery of the possession of the premises so held;

(e.5)

(I) When a tenant has previously been served with the notice described in paragraph (e) requiring compliance with a condition of the agreement, and thereafter holds over, without permission, contrary to the same condition.

(II) A tenancy may be terminated at any time pursuant to paragraph (e.5) on the basis of a subsequent violation. The termination shall be effective three days after service of written notice to quit. [There is no indication of how much time must pass before a second violation is no longer considered a "subsequent violation." 6 months is sometimes a standard in other states. - USLF Ed.]

... [Remainder omitted]

IV. Serving a termination notice

13-40-106 Written demand [abridged] (C.R.S. 1963)

The demand required by section 13-40-104 shall be made in writing, specifying the grounds of the landlord's right to the possession of such premises, describing the premises, and the time when the same shall be delivered up, and shall be signed by the landlord, his agent, or his attorney. [USLF forms are designed to meet these requirements.]

13-40-108 Service of notice to quit [abridged] (C.R.S. 1963)

Notice may be served by: (1) delivering a copy thereof to the tenant or other person occupying such premises, or by (2) leaving such copy with some person, a member of the tenant's family above the age of fifteen years, residing on or in charge of the premises, or, (3) in case no one is on the premises at the time service is attempted, by posting such copy in some conspicuous place on the premises.