A written notice to vacate or
demand as required by section 13-40-104, 38-12-202, 38-12-204, or 38-12-1303 may be served
by delivering a copy of the notice to a known tenant occupying the premises, or by leaving such
copy with some person, a member of the tenant's family above the age of fifteen years, residing
on or in charge of the premises, or, in case no one is on the premises after attempts at personal
service at least once on two separate days, by posting the copy in some conspicuous place on the
premises.
Source: L. 1885: p. 226, § 7. R.S. 08: § 2607. C.L. § 6373. CSA: C. 70, § 8. CRS 53: §
58-1-8. L. 61: p. 390, § 1. C.R.S. 1963: § 58-1-8. L. 2024: Entire section amended, (HB 24-
1098), ch. 113, p. 363, § 7, effective April 19.
Cross references: 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, 1985–2003 · leading case:
In Re Gagliardi, 290 B.R. 808 (Bankr.D. Colo. 2003).
In Re Gagliardi, 290 B.R. 808 (Bankr.D. Colo. 2003).
· cites it 2× “C.R.S. § 13-40-108. 17 . In re 48th St. Steakhouse, Inc.”
Magliocco v. Olson, 762 P.2d 681 (Colo. Ct. App. 1987).
· cites it 3× “Section 13-40-108, C.R.S. (1987 Repl.Vol.”
Clark v. Morris, 710 P.2d 1130 (Colo. Ct. App. 1985).
· cites it 2× “The landlord contends that the “constructive notice” authorized by § 13-40-108, C.R.S., part of the forcible entry and detainer statute, is sufficient notice under the lease.”
Rocky Mountain Props. v. Purified H20 To Go Co., 3 P.3d 485 (Colo. Ct. App. 2000).
· cites it 2× “Pursuant to § 13-40-108, CRS. 1999, the demand for possession or rent may be served by posting it in a conspicuous place if no one is on the premises at the time service is attempted.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.