Colorado Illegal Activity Eviction Overview
Colorado's C.R.S. 13-40-107.5 authorizes a 3-day notice to quit for substantial violations including illegal activity. When a tenant engages in criminal conduct posing imminent risk to health, safety, or property of others, the landlord can serve a 3-day unconditional notice with no opportunity to cure.
Colorado has strengthened tenant protections in recent years through HB 21-1121 (2021), but illegal activity remains a clear basis for expedited eviction. The legislature maintained the 3-day notice for substantial violations to balance tenant rights with safety concerns when criminal activity occurs on rental property.
Colorado county courts have jurisdiction over FED (forcible entry and detainer) cases. Hearings are typically scheduled within 7-14 days. Courts take illegal activity seriously when supported by police reports. Denver, Colorado Springs, Aurora, and other cities follow the state statute without significant additional local requirements.
3 Days
Substantial violation
$85-$135
Filing fees
No Cure
For criminal acts
2-4 wks
Court process
Legal Grounds & Colorado Statutes
Colorado provides statutory authority for landlords to pursue eviction when illegal activity occurs on rental premises. Understanding these laws strengthens the landlord's position in court.
Colorado Substantial Violation Standard
Under C.R.S. 13-40-107.5, the 3-day notice applies to substantial violations posing imminent risk to health, safety, or property. Not every criminal act qualifies. Drug manufacturing, distribution, violent felonies, and weapons offenses clearly meet the standard. Minor infractions may not. Document severity and impact to establish the threshold.
Key Colorado Statutes
- C.R.S. 13-40-107.5: 3-day notice for substantial violations posing imminent risk to health, safety, or property
- C.R.S. 13-40-104: Unlawful detainer statute establishing grounds for eviction including illegal activity
- C.R.S. 18-18-401 through 430: Colorado Uniform Controlled Substances Act defining qualifying drug offenses
- C.R.S. 13-40-110: FED court process including summons and hearing timeline requirements
- C.R.S. 38-12-510: Habitability warranty landlords must maintain even during eviction proceedings
Colorado Notice Requirements for Illegal Activity
For illegal activity evictions in Colorado, the notice must meet specific content and delivery requirements to be enforceable in CO courts.
Required Notice Elements
- Written 3-Day Notice: Must clearly state it is a notice to quit within 3 days for a substantial violation under C.R.S. 13-40-107.5
- Substantial Violation: Describe how the illegal activity poses imminent risk to health, safety, or property of others
- Criminal Activity Detail: Include dates, nature of conduct, location on premises, and relevant Colorado criminal statute references
- No Cure Period: State this is unconditional with no opportunity to cure the violation
- Tenant/Property ID: Full names and complete property address including unit number and Colorado county
- Filing Notice: Inform tenant that an FED action will be filed in Colorado county court if they fail to vacate
How to Serve an Illegal Activity Eviction Notice in Colorado
Proper service is critical in Colorado. Improper service is one of the most common reasons illegal activity eviction cases are dismissed in CO courts.
Gather Evidence
Gather evidence: police reports from Denver PD, Colorado Springs PD, or relevant CO agency, arrest records, witness statements, and photographs of the illegal activity.
Prepare the Notice
Prepare a 3-day notice citing C.R.S. 13-40-107.5. Describe the criminal conduct as a substantial violation. Reference specific Colorado criminal statutes. Demand vacating within 3 days.
Serve Using Colorado-Approved Methods
Serve under Colorado law: personal delivery, leaving with person 18+ at premises, or posting and mailing. Process servers and sheriffs provide additional documentation.
Document Service and Wait
Record date, time, method, and witnesses. Calendar days count (including weekends unless last day falls on a weekend/holiday). Do not accept rent during the notice period.
File Eviction if Tenant Remains
File FED action in Colorado county court ($85-$135). Include notice, proof of service, and evidence. Courts schedule hearings within 7-14 days of filing.
Qualifying Criminal Activities in Colorado
The following categories of criminal conduct are recognized by Colorado courts as grounds for illegal activity eviction proceedings.
Drug Manufacturing & Distribution
Manufacturing, distributing, or possessing with intent under C.R.S. 18-18-405. Colorado legalized recreational marijuana but manufacturing for distribution beyond legal limits and other controlled substances remain criminal.
Violent Felonies
Assault (C.R.S. 18-3-202/203), menacing, domestic violence, robbery, and violent felonies on or near premises. Violence against other tenants is a clear substantial violation.
Weapons Offenses
Illegal possession (C.R.S. 18-12-102), prohibited person possession, illegal discharge on property, or weapons used in crimes on premises.
Gang & Criminal Enterprise
Gang-related activity, organized criminal enterprise, prostitution, or ongoing criminal conduct substantially endangering residents and the community.
Colorado Court Process & Timeline
Colorado county courts handle FED actions with awareness of urgency in illegal activity cases. After filing, the hearing is typically scheduled within 7-14 days. If the landlord prevails, a writ of restitution is issued and the sheriff enforces it within 5-10 days.
| Stage | Timeline | Details |
|---|---|---|
| Serve 3-Day Notice | Day 1-3 | Unconditional quit per C.R.S. 13-40-107.5 |
| File FED Action | Day 4 | File in Colorado County Court ($85-$135) |
| Court Hearing | Day 11-18 | Hearing 7-14 days after filing |
| Judgment | Hearing day | Judge rules; 48-hour appeal window |
| Writ of Restitution | Day 16-28 | Sheriff enforces 5-10 days after writ |
Sample Colorado Illegal Activity Eviction Notice
Below is a preview of a Colorado-specific eviction notice for illegal activity. Your completed document will include all required elements for CO court proceedings.
3-DAY NOTICE TO QUIT FOR SUBSTANTIAL VIOLATION
STATE OF COLORADO
Pursuant to C.R.S. 13-40-107.5
TO TENANT(S):
Name: [Full Legal Name]
Rental Address: [Colorado Address]
NOTICE OF ILLEGAL ACTIVITY:
You have committed illegal activity constituting a substantial violation. Specifically: [Description] on [Date(s)].
DEMAND TO VACATE
Pursuant to C.R.S. 13-40-107.5, this poses imminent risk to health, safety, or property. Vacate within THREE (3) DAYS. No cure available. Failure to vacate will result in an FED action in Colorado County Court.