Colorado Statewide Rule
Colorado Lease Termination Notice: 21 Days for Month-to-Month, 91 Days for Yearly
Key Facts
- Month-to-month notice
- 21 days (§ 13-40-107)
- Six months to under a year
- 28 days
- One year or longer
- 91 days
- Week-to-week / at will
- 3 days
- Military break rights
- Yes (federal SCRA)
Summary
To end a no-fault tenancy, Colorado requires written notice scaled to the tenancy length under Colo. Rev. Stat. § 13-40-107: 21 days for a month-to-month tenancy, 28 days for six-months-or-longer, and 91 days for a tenancy of one year or longer. Servicemembers have federal lease-break rights.
13-40-107. Notice to terminate tenancy. (1) A landlord of nonresidential real property or a residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) or a tenant of any property or premises may terminate a periodic tenancy at the end of the tenancy period or elect to not renew a fixed term tenancy at the end of the fixed term by serving written notice that expires at the end of the period or fixed term, based on the length of the applicable tenancy described in subsection (2) of this section. (2) The written notice described in subsection (1) of this section must be served before the end of the period or fixed term, as follows: (a) A tenancy for one year or longer, at least ninety-one days; (b) A tenancy of six months or longer but less than a year, at least twenty-eight days; (c) A tenancy of one month or longer but less than six months, at least twenty-one days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, at least three days; (e) A tenancy for less than one week, at least one day.
Full Breakdown
Colo. Rev. Stat. § 13-40-107 sets the written notice to terminate a tenancy without cause, scaled by tenancy length: "A tenancy for one year or longer, ninety-one days; a tenancy of six months or longer but less than a year, twenty-eight days; a tenancy of one month or longer but less than six months, twenty-one days; a tenancy of one week or longer but less than one month, or a tenancy at will, three days." The notice must state the property and the termination date, and a fixed-term lease ends on its own date unless renewed. Breaking a fixed lease early without statutory grounds can expose a tenant to remaining rent, subject to the landlord's duty to mitigate. Active-duty servicemembers may terminate under the federal Servicemembers Civil Relief Act.
Violations & Penalties
A termination notice that gives less than the statutory period is defective and cannot support an eviction. There is no fixed statutory monetary penalty for an improper no-fault notice; the practical consequence is that the eviction fails and must be re-served with proper notice. Early lease-breaking liability is governed by the lease and the mitigation duty.
Frequently Asked Questions
How much notice to end a month-to-month lease in Colorado?
How much notice is required to end a year-long lease in Colorado?
Can a Colorado tenant break a lease for military service?
Sources
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