Cal. Civ. Code § 38-12-1303

Cause for eviction required - no-fault evictions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoPermissible Grounds

Operative Text

Cal. Civ. Code § 38-12-1303
(1) A
landlord shall not serve a notice to terminate tenancy or a demand for
possession or otherwise proceed with an action for unlawful detainer pursuant
to article 40 of title 13 unless there is cause for the eviction.

(2) For
the purposes of subsection (1) of this section, cause exists only as described
in the following sections:

(a) 
Section 13-40-104 (1)(a) for when entry is made without right or title into any
vacant or unoccupied lands or tenements;

(b) 
Section 13-40-104 (1)(b) for when entry is made wrongfully into certain public
lands, tenements, mining claims, or other possessions;

(c) 
Section 13-40-104 (1)(c) for when a lessee or tenant at will, or at sufferance,
of any nonresidential real property or residential premises described in
section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) holds over and
continues in possession of the property or premises, or any portion of the
property or premises, after the expiration of the term for which the property
or premises was leased or after the tenancy, at will or at sufferance, has been
terminated by either party;

(d) 
Section 13-40-104 (1)(d) for nonpayment of rent;

(e) 
Section 13-40-104 (1)(d.5) for a substantial violation, as described in section
13-40-107.5;

(f) 
Section 13-40-104 (1)(e) for a material violation of the lease or rental
agreement;

(g) 
Section 13-40-104 (1)(e.5) for a repeat violation after receipt of proper
notice of a violation;

(h) 
Section 13-40-104 (1)(e.8) and subsection (3) of this section concerning
no-fault evictions;

(i) 
Section 13-40-104 (1)(f) for possession after a legal sale;

(j) 
Section 13-40-104 (1)(g) for when property has been sold under a judgment or
decree and the party or privies to the judgment or decree refuse or neglect to
surrender possession after the expiration of the time of redemption, when
redemption is allowed by law, after the purchaser demands the property;

(k) 
Section 13-40-104 (1)(h) for when an heir or devisee continues in possession of
a premises sold and conveyed by a personal representative;

(l) 
Section 13-40-104 (1)(i) for a vendee that holds over after failing to comply
with an agreement to purchase lands or tenements; and

(m) 
Section 13-40-104 (1)(j) for when a tenant has engaged in conduct that creates
a nuisance or disturbance that interferes with the quiet enjoyment of the
landlord or other tenants at the property or where the tenant is negligently
damaging the property.

(3) In
addition to the requirements of subsection (5) of this section, the following
conditions constitute grounds for a no-fault eviction of a tenant:

(a) Demolition
or conversion of residential premises. When a landlord plans to demolish a
residential premises, convert it to a nonresidential use, or convert it to a
short-term rental property, the landlord may initiate a no-fault eviction of a
tenant of the residential premises at the end of the term of the rental
agreement so long as the landlord:

(I) 
Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(a)(II) of this section to vacate the residential
premises, during which time the tenant may remain in possession of the
residential premises under the same terms of the tenant's existing rental
agreement; and

(II) 
Provides the tenant proper service of a written notice of the no-fault
eviction, which written notice includes:

(A) The
date by which the tenant must vacate the residential premises, which date must
be at least ninety days after the date upon which the landlord provides the
written notice to the tenant; and

(B) A
description and timeline of the demolition or conversion of the residential
premises and a material demonstration of the proposed date upon which the
project will commence, such as a copy of a building permit or application for a
permit or license to operate a short-term rental property, where applicable.

(b) Substantial
repairs or renovations.

(I) 
Except as described in subsection (3)(b)(II) of this section, when a landlord
plans to make substantial repairs or renovations to a residential premises, the
landlord may initiate a no-fault eviction of a tenant of the residential
premises at the end of the term of the rental agreement so long as the
landlord:

(A) 
Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(b)(I)(B) of this section to vacate the residential
premises, during which time the tenant may remain in possession of the
residential premises under the same terms of the tenant's existing rental
agreement;

(B) 
Provides the tenant proper service of a written notice of the no-fault
eviction, which written notice includes the date by which the tenant must
vacate the residential premises, which date must be at least ninety days after
the date upon which the landlord provides the written notice to the tenant;

(C) 
Provides the tenant an expected completion date and a general description of
the substantial repairs or renovations to the residential premises;

(D) 
Proceeds without unreasonable delay to effect the substantial repairs or
renovations upon the landlord's recovery of possession of the residential
premises; and

(E) For
any repairs or renovations expected to last less than one hundred eighty days,
provides the tenant a written notice sent in a manner that the landlord
typically uses to communicate with the tenant, which notice includes the
expected completion date for the repairs or renovations. If, within ten days
after receiving the notice, the tenant notifies the landlord that the tenant
wants to return to the residential premises, the landlord shall offer the
tenant the first right of refusal to sign a new rental agreement with
reasonable terms. If the tenant accepts the new rental agreement, the tenant
has thirty days to occupy the residential premises unless the parties mutually
agree on an extended timeline in writing.

(II) A
landlord shall not initiate a no-fault eviction of a tenant as described in
subsection (3)(b)(I) of this section if the substantial repairs or renovations
that are the alleged basis of the no-fault eviction are:

(A) 
Required in order for the landlord to satisfy all required remedial action
described in section 38-12-503 concerning a breach of the warranty of
habitability; or

(B) 
Initiated by the landlord in retaliation against the tenant, as described in
section 38-12-509 (1).

(c) Landlord
or family member of landlord assumes occupancy.

(I) 
When a landlord plans to recover possession of a residential premises for the
landlord's own use and occupancy as a residence, or for the use and occupancy
as a residence by the landlord's family member, the landlord may initiate a
no-fault eviction of a tenant of the residential premises at the end of the
term of the rental agreement so long as:

(A) 
Except as described in subsection (3)(c)(III) of this section, the landlord or
the landlord's family member moves into the residential premises within three
months after the tenant vacates the residential premises;

(B) 
Except as described in subsection (3)(c)(II) of this section, the landlord
provides the tenant proper service of a written notice of the no-fault eviction
at least ninety days before the date by which the tenant must vacate the
residential premises, during which time the tenant may remain in possession of
the residential premises under the same terms of the tenant's existing rental
agreement;

(C) No
substantially equivalent unit is vacant and available to house the landlord or
the landlord's family member in the same building; and

(D) The
landlord does not list the residential premises for a long-term or short-term
rental for at least ninety days after the date the tenant is required to
vacate.

(II) If
the landlord is an individual on active military duty for the United States
military forces or a spouse of such an individual, the landlord must provide
the tenant proper service of a written notice of the no-fault eviction at least
forty-five days before the date by which the tenant must vacate the residential
premises, during which time the tenant may remain in possession of the
residential premises under the same terms of the tenant's existing rental
agreement.

(III) 
If the landlord or the landlord's family member is a person with a disability,
the landlord may extend for a reasonable time the period of time described in
subsection (3)(c)(I)(A) of this section to allow for changes to be made to the
residential premises to accommodate the family member with the disability.

(d) Withdrawal
from rental market for the purpose of selling the residential premises.

(I) 
When a landlord plans to sell a residential premises that is a single-family
home, a townhome, a duplex, a triplex, or an individual condominium unit, the
landlord may initiate a no-fault eviction of a tenant of the residential
premises at the end of the term of the rental agreement so long as the
landlord:

(A) 
Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(d)(I)(B) of this section to vacate the residential
premises, during which time the tenant may remain in possession of the
residential premises under the same terms of the tenant's existing rental
agreement;

(B) 
Provides the tenant proper service of a written notice of the landlord's intent
to withdraw the residential premises from the rental market and sell the
residential premises, which notice includes the date on which the tenant will
be required to vacate; and

(C) 
Does not list the residential premises for a long-term or short-term rental for
at least ninety days after the date on which the tenant is required to vacate;
except that this subsection (3)(d)(I)(C) does not apply if the landlord
produces evidence that the residential premises was listed for sale on a
multiple-listing service after the tenant was required to vacate.

(II) 
Nothing in this subsection (3)(d) may be construed to allow a landlord to
initiate a no-fault eviction or otherwise terminate a rental agreement without
cause before the end of the term of the rental agreement.

(e) Tenant
refuses to sign new lease with reasonable terms. If a tenant refuses to
sign a new rental agreement with reasonable terms, the landlord may initiate a
no-fault eviction of the tenant so long as the landlord:

(I) 
Allows the tenant at least ninety days after receiving the notice described in
subsection (3)(e)(II) of this section to vacate the residential premises after
the tenant has refused to sign the new rental agreement, during which time the
tenant may remain in possession of the residential premises under the same
terms as the tenant's existing rental agreement; and

(II) 
Provides the tenant proper service of a written notice of the landlord's intent
to terminate the tenancy, which notice includes the date on which the tenant
will be required to vacate.

(f) History
of nonpayment of rent.

(I) If
a tenant submits a rent payment late more than two times during the period of
the rental agreement, the landlord may initiate a no-fault eviction of the
tenant at the end of the term of the rental agreement so long as the landlord:

(A) 
Allows the tenant at least ninety days after receiving the notice described in
subsection (3)(f)(I)(B) of this section to vacate the residential premises,
during which time the tenant may remain in possession of the residential
premises under the same terms as the tenant's existing rental agreement; and

(B) 
Provides the tenant proper service of a written notice of the landlord's intent
to terminate the tenancy, which notice includes the date on which the tenant
will be required to vacate.

(II) 
For purposes of this subsection (3)(f), a rent payment qualifies as late if it
is submitted more than ten calendar days after the day it is due according to
the rental agreement and the landlord provides the tenant with proper service
of a written notice under section 13-40-104 (1)(d).

(III) 
This subsection (3)(f) does not apply if the rent payment is submitted within
the cure period described in section 13-40-104 (1)(d).

(4) 
Nothing in this section shall be construed to impact the interpretation of the
meaning of the term "good cause" as the term is used in federal law
or federal regulations.

(5) (a) 
A landlord may proceed with a no-fault eviction of a tenant by filing an action
under article 40 of title 13 only if the landlord provides proper service of a
written notice of the no-fault eviction and the tenant fails to vacate on or
before the deadline stated in the notice.

(b) A
written notice provided pursuant to subsection (3) of this section must include
a statement of the legal and factual basis for the landlord's no-fault eviction
of the tenant, which legal basis must be set forth in subsection (3) of this
section.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 38-12-1303 establishes that a landlord cannot begin eviction proceedings — including serving a notice to terminate tenancy or filing an unlawful detainer action — unless a legally recognized cause exists. The statute enumerates the only permissible grounds for eviction, which include fault-based reasons such as nonpayment of rent, lease violations, and nuisance conduct, as well as a defined set of no-fault grounds such as planned demolition, substantial renovation, owner move-in, intent to sell, a tenant's refusal to sign a new lease with reasonable terms, and a documented history of late rent payments. For each no-fault ground, the law specifies procedural requirements — most commonly a written notice served at least ninety days before the required vacancy date — that must be satisfied before an eviction action may proceed.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-1303, compliant operators document a legally recognized cause before initiating any eviction process and ensure that every notice to terminate tenancy identifies both the legal and factual basis for the action as required by subsection (5)(b). For no-fault evictions, operators generally provide written notice at least ninety days in advance (or forty-five days in the specific military-duty scenario), allow the tenant to remain under existing lease terms during that notice period, and include all documentation required by the applicable subsection — such as building permits for demolition or renovation projects. Landlords pursuing no-fault evictions based on substantial repairs should also be aware that subsection (3)(b)(II) prohibits using that ground when the repairs are actually required to cure a habitability breach or are retaliatory in nature.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-1303 gives tenants the right to remain in their homes unless the landlord can point to one of the specific causes listed in the statute, meaning a no-cause or pretextual eviction notice may be legally defective. Tenants who receive a no-fault eviction notice can review whether the notice meets all procedural requirements under subsection (5) — including the written statement of legal and factual basis and the applicable notice period — since a failure to comply with those requirements may be raised as a defense in an unlawful detainer proceeding. Tenants facing eviction may wish to contact a local tenant-rights organization, a legal aid office, or the Colorado courts' self-help resources to better understand which grounds apply to their situation and what procedural protections the statute affords.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 13-40-104
Not yet ingested
Colo. Rev. Stat. § 38-12-1302
Not yet ingested
Colo. Rev. Stat. § 13-40-107.5
Not yet ingested
Colo. Rev. Stat. § 38-12-503
Not yet ingested
Colo. Rev. Stat. § 38-12-509
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 4
Just cause eviction; prerequisites
§ 165.03
JUST CAUSE EVICTIONS
§ 352
Recovery of premises

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