CHAPTER 13 - § 13.6 'TERMINATION OF LEASES; UNLAWFUL DETENTION

• Jurisdiction: Colorado

§ 13.6 'TERMINATION OF LEASES; UNLAWFUL DETENTION

For the enforcement of termination of leases generally, along with discussions of damages and remedies available to landlords, see 2A Krendl, Colorado Methods of Practice, Ch. 71, "Termination of Leases and Unlawful Detainer," 6th Ed. (Thomson/West 2012); Victor M. Grimm & Denise E. Boehler, Landlord and Tenant Guide to Leases and Evictions, 6th Ed. (Bradford Publishing 2016); and Karin M. Troendle & Alex Wittveld, Colorado Landlord-Tenant Law, 9th ed. (CLE in Colo., Inc. 2022). For termination of leases in mobile home parks, see the Mobile Home Park Act at C.R.S. §§ 38-12-200.1, et seq.

§ 13.6.1—Termination and Default Notice

A lease may be terminated:

1) Automatically when the term of the lease expires;
2) By agreement of the parties; or
3) Unilaterally following defaults with the giving of notice according to the lease or statute.

Upon a violation of the terms of a lease giving rise to a termination right, the lease must be reviewed to determine whether the landlord must give the tenant notice of the breach and a right to cure. If so, then the notice must be prepared and served.

Statutorily required notice periods preceding an eviction action are described in § 13.6.3. In all cases of notice, if the written lease requires a longer notice than the statute, then the lease controls.

§ 13.6.2—Unlawful Detention

After a lease is terminated, if the tenant does not vacate, the tenant is guilty of unlawful detention of real property pursuant to C.R.S. § 13-40-104(1) and eviction is the legal remedy. It is usually prosecuted according to the procedures outlined in the Forcible Entry and Detainer (FED) statutes set forth in Title 13, Article 40, C.R.S. However, it may be a proceeding under C.R.C.P. 105.

Unlawful detention is the basis for most eviction actions because of the speedy statutory remedy afforded to landlords. C.R.S. § 13-40-104 gives numerous examples, but, in general terms, the tenant moves in and will not move out; no force or intimidation is involved. In addition to tenants, unlawful detention also applies to adverse possessors, vendees who default but will not move, and owners who have lost their title by foreclosure but stay on. C.R.S. §§ 13-40-104(1)(f), (g), and -111(3).

§ 13.6.3—Notices and Demands Preceding Unlawful Detainer Action

There are various steps to be followed to ensure that the eviction is properly prosecuted. Mistakes in the procedures may result in having to go through the whole process again.

Prior to the commencement of an unlawful detainer action, the landlord must give one of the following forms of notice, depending on whether the eviction action is based on (1) an underlying default by the tenant under the lease, such as failure to pay rent, for which the statutes afford the tenant the opportunity to cure; (2) an underlying default by the tenant under the lease, such as repeated violation of a covenant or a criminal violation, for which the statutes do not require the tenant be given the opportunity to cure; or (3) the holding over of the tenant beyond the expiration of the term of the lease against the wishes of the landlord.

All notices must be in writing, specify grounds for possession, describe or identify the premises, specify the time when the premises shall be given up, and be signed by the person giving the notice, or by his or her agent or attorney. C.R.S. §§ 13-40-106 and -107(2).

Notice to Quit

Notice to Quit, also called Notice to Vacate, is used by a landlord or a tenant to terminate a periodic tenancy. See Forms 13-8 and 13-9. Properly giving this notice effectively converts a periodic tenancy to a lease for a definite term. No notice to quit is necessary from or to a tenant whose term is, by...