How to Serve an Eviction Notice & FED Summons in Colorado (C.R.S. § 13-40-104)

Colorado eviction procedure involves two distinct service phases: (1) Serving the pre-suit Demand for Compliance or Notice to Quit (typically 10 days for residential nonpayment/lease violation under C.R.S. § 13-40-104, where posting is only valid after diligent personal attempts fail on at least two separate days under recent statutory reforms), and (2) Serving the court-issued FED Summons and Complaint at least 7 days prior to the court return date under C.R.S. § 13-40-112.

1. Statutory Notice Periods Under C.R.S. § 13-40-104

Before a landlord can file a Forcible Entry and Detainer (FED) lawsuit in Colorado County or District Court, the tenant must be served with a statutorily compliant written notice terminating the tenancy or demanding cure. Colorado's landlord-tenant statutes have undergone major legislative reforms in recent years, making outdated 3-day notice templates a frequent trap for landlords.

For standard residential tenancies, a Demand for Compliance or Right to Possession Notice (Colorado Judicial Branch Form JDF 101) for nonpayment of rent or a curable lease violation requires a full 10-day cure period under C.R.S. § 13-40-104(1)(d). Exempt 'employer-provided housing' requires 3 days, and 'exempt residential agreements' (single-family homes leased by landlords owning five or fewer single-family properties where the lease explicitly states the exemption) require a 5-day notice.

For substantial violations (violent or drug-related felonies endangering premises or neighbors under C.R.S. § 13-40-107.5), a 3-day Notice to Quit applies. For month-to-month tenancies or non-renewal at the end of a lease term, landlords must also comply with Colorado's 'Just Cause' eviction statute (C.R.S. § 38-12-1301 et seq.) and the notice timelines of C.R.S. § 13-40-107 (which range from 21 to 91 days depending on tenancy duration and statutory ground).

2. Strict Service Rules for Pre-Suit Eviction Notices (C.R.S. § 13-40-108)

Under C.R.S. § 13-40-108, a Demand for Compliance or Notice to Quit may be served by delivering a copy to the tenant or another occupant residing at the premises, or by leaving a copy with a member of the tenant's family above the age of fifteen years residing on or in charge of the premises.

Critically, Colorado law strictly regulates when a notice may be posted in a conspicuous place on the premises (such as the front entrance door). Under current Colorado statutory standards, conspicuous posting of a pre-suit eviction notice is valid ONLY after the person serving the notice has made diligent efforts to deliver the notice personally—including attempting personal delivery on at least two separate calendar days—and no qualified person is found at the premises. If a landlord or property manager simply tapes a JDF 101 notice to the door on Day 1 without two separate days of documented personal attempts, tenant defense attorneys routinely move to dismiss the subsequent FED case for defective jurisdictional notice.

Our process servers log every pre-suit notice attempt with GPS coordinates, timestamps, and photographs across two separate days before executing conspicuous door posting, shielding your case from procedural dismissal.

3. Serving the Court-Issued FED Summons & Complaint (C.R.S. § 13-40-112)

Once the notice period expires without payment or vacatur, the landlord files the FED Complaint, Summons (Form CRCCP 1A), and Answer form with the court clerk. Under C.R.S. § 13-40-111, the clerk sets a return date between 7 and 14 calendar days from issuance. Under C.R.S. § 13-40-112, service of the FED Summons and Complaint MUST be completed at least 7 calendar days before the scheduled court return date.

There is a critical legal distinction between personal service and 'posting and mailing' service of an FED Summons. If our process server achieves personal service (hand-delivering the summons to the tenant or leaving it at the dwelling with a family member over 18 under C.R.C.P. Rule 4), the court acquires both in rem jurisdiction (to grant possession of the property) and in personam jurisdiction (to enter a money judgment for unpaid back rent, late fees, and court costs).

If, after diligent effort, personal service cannot be made, C.R.S. § 13-40-112(2) allows service by posting a copy of the Summons and Complaint in some conspicuous place upon the premises at least 7 days before the return date, PLUS mailing a copy to the defendant the next business day after filing (or immediately upon posting). However, service by posting and mailing alone confers jurisdiction ONLY to award possession of the real property (Writ of Restitution)—the court cannot enter a personal money judgment against the tenant unless personal service is accomplished.

4. Mandatory Return of Service Filing Deadlines

In Colorado eviction actions, the completed Return of Service must be filed with the court clerk at least 3 business days before the return date (or in accordance with the specific judicial district's CMO). Our servers transmit GPS-verified, photo-documented Returns of Service within hours of completion so your attorney can upload the proof to ICCES well ahead of the docket call.

5. Avoiding Common Procedural Defenses in Colorado FED Hearings

Since Colorado enacted residential tenant protections requiring mediation disclosures in covered cases, mandatory 10-day cure periods under C.R.S. § 13-40-104(1)(d), and two separate calendar days of diligent personal attempts before posting a pre-suit notice under C.R.S. § 13-40-108, legal aid and tenant defense attorneys scrutinize every timestamp on the Return of Service.

Always verify that: (1) the pre-suit JDF 101 notice was not posted on Day 1 without two separate days of personal attempts; (2) the full statutory cure period expired before the FED Complaint was filed with the clerk; (3) the court-issued FED Summons (CRCCP 1A) and Answer form were served at least 7 calendar days before the return date under C.R.S. § 13-40-112; and (4) the plaintiff's statutory mailing was completed on time if service was perfected by posting.

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