Colorado Revised Statutes

Colo. Rev. Stat. § 13-40-106 (2026)

Written demand

✓ current as of July 2026

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(1) The demand or notice required by section 13-40-104 or 38-12-1303 shall be made in writing, specifying the grounds of the demandant's right to the possession of the premises, including a specific description of the alleged violation or no-fault eviction grounds, describing the premises, and indicating the date and time when the premises shall be delivered up, and shall be signed by the person claiming such possession, the person's agent, or the person's attorney.

(2) The demand or notice required by section 13-40-104 or 38-12-1303 must also include a statement that a residential tenant who receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26 has a right to mediation prior to the landlord filing an eviction complaint with the court pursuant to section 13-40-110.

(3) The demand or notice required by section 13-40-104 or 38-12-1303 must be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is the primary language of the tenant.

Source: L. 1885: p. 226, § 5. R.S. 08: § 2605. C.L. § 6371. CSA: C. 70, § 6. CRS 53: § 58-1-6. C.R.S. 1963: § 58-1-6. L. 2023: Entire section amended, (HB 23-1120), ch. 414, p. 2454, § 4, effective June 6. L. 2024: Entire section amended, (HB 24-1098), ch. 113, p. 362, § 4, effective April 19.

Cross references: For the legislative declaration in HB 23-1120, see section 1 of chapter 414, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1098, see section 1 of chapter 113, Session Laws of Colorado 2024.

Notes of Decisions

Cited in 4 cases, 1996–2009 · leading case: Miles v. Fleming, 214 P.3d 1054 (Colo. 2009).

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Miles v. Fleming, 214 P.3d 1054 (Colo. 2009). · cites it 2× “Among other things, the statutory scheme requires a written notice or demand before continued possession can be rendered an unlawful detention or a tenancy terminated for a "substantial violation," which must specify the grounds of the demandant's right to possession, see §…”

Grant v. People, 48 P.3d 543 (Colo. 2002). · cites it 2× “" § 13-40-106, 5 C.R.S. (2001) (emphasis added).”

In Re Gagliardi, 290 B.R. 808 (Bankr.D. Colo. 2003). · cites it 2× “C.R.S. § 13-40-106. 16 . C.R.S. § 13-40-108.”

Behr v. Burge, 940 P.2d 1084 (Colo. Ct. App. 1996). “Plaintiffs demanded immediate possession of the property pursuant to §§ 13-40-106 & 13-40-110, C.R.S. (1987 Repl.”

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