Under C.R.S. § 13-40-107.5, a landlord may terminate a tenancy with three days’ notice if a tenant has committed a substantial violation, which includes acts that endanger persons or property, or involve criminal activity that carries a potential sentence of 180 days or more and has been declared a public nuisance under state law.

While violating a no-smoking or no-marijuana clause in a lease may constitute a breach of contract, it does not automatically rise to the level of a substantial violation under Colorado law unless the act meets the statutory definition—such as drug-related felonies or public nuisance violations. Mere possession or use of marijuana inside a rental unit, even in violation of a lease, may not be sufficient grounds for a three-day eviction under C.R.S. § 13-40-107.5 unless there is supporting evidence that it endangered others, was part of an illegal drug operation, or was a public nuisance under local ordinances.

Lease Terms vs. Colorado Notice & Eviction Law:

Although the lease states that any smoking results in immediate termination and vacating within 7 days, Colorado law governs the eviction process, not the lease terms. The landlord must follow the statutory notice requirements, meaning that a landlord cannot unilaterally impose a different eviction timeline or waive the tenant’s legal protections through contract provisions in most cases.

Do You Have Enough for a Three-Day Notice? If there is proof that the tenant was engaging in drug-related felony activity (e.g., unlawful distribution or large-scale possession beyond personal use), a three-day notice without the right to cure could be justified under C.R.S. § 13-40-107.5. However, if the tenant only smoked or possessed marijuana in violation of the lease but not in a manner that meets the statutory definition of a substantial violation, the proper notice would likely be a 10-day notice to cure or quit under C.R.S. § 13-40-104.

Evictions for compliance are fact dependent and far more difficult than evictions for failure to pay rent, often requiring a hearing. Because Colorado provides legal assistance to tenants, you should be prepared for a trial for a compliance-based eviction. I would recommend speaking with a lawyer about your specific facts and learning your options.

For more information read our article on the eviction process or call our eviction team to discuss your case in detail.