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In Colorado, can an eviction notice be hand written or is a

Resolved Question:

In Colorado, can an eviction notice be hand written or is a Notice to Quit required?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Attorney & Mediator replied 5 years ago.
According to statute there is no requirement that a form be used. The notice must contain the following information:


13-40-106. Written demand.

The demand required by section 13-40-104 shall be made in writing, specifying the grounds of the demandant's right to the possession of such premises, describing the same, and the time when the same shall be delivered up, and shall be signed by the person claiming such possession, his agent, or his attorney.


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13-40-107. Notice to quit.

(1) A tenancy may be terminated 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) Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown.

(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) Except as otherwise provided in section 38-33-112, C.R.S., the provisions of subsections (1) and (4) of this section shall not apply to the termination of a residential tenancy during the ninety-day period provided for in said section.


So long as the key elements are mentioned the written notice can suffice.






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Customer: replied 5 years ago.
the statement regarding Tenancy. Is that if reference to the amount of time spent on the premises or the duration of the lease. For example, I am dealing with a verbal month to month lease. In that case is 10 days notice sufficient?
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Tenancy means the period of time the lease agreement was made for. For a verbal month to month, the notice required is 10 days. If you are the landlord you can access a formal notice (although not required) in the link below to make sure all terms are referenced.

http://www.courts.state.co.us/Forms/PDF/jdf97.pdf







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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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