Cal. Civ. Code § 13-40-108
Service of notice to vacate or demand.
Operative Text
(1) Except as provided in subsection (2) of this section, 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 the copy with a person or a member of the tenant's family who is older than fifteen years of age, 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 a conspicuous place on the premises. (2) If a tenant provides the landlord with written or actual notice that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord shall make all reasonable efforts to perfect service described in subsection (1) of this section through personal service to the tenant who provided the written or actual notice. If personal service cannot be perfected after three attempts, the landlord shall perfect service by posting a copy of the notice in a conspicuous place on the premises and by serving the notice to the tenant through certified mail or through any commercial mail courier if the notice includes a receipt or other documentation demonstrating proof of delivery.
Colorado Revised Statutes § 13-40-108 establishes the legally recognized methods for delivering a written notice to vacate or demand to a tenant. Standard service may be accomplished by handing the notice directly to a known tenant, leaving it with a household member over fifteen years old, or—after at least two separate attempts at personal service on different days—posting it conspicuously on the premises. A separate, more protective procedure applies when a tenant has notified the landlord in writing or otherwise that they are a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse; in that situation, the landlord must first make all reasonable efforts at personal service, and if three attempts fail, must both post the notice and send it by certified mail or a commercial courier with proof of delivery.
Plain English — not legal advice.
Under § 13-40-108, compliant operators document each service attempt carefully, noting the date, time, and method used, because the statute requires at least two separate-day attempts before resorting to posting alone under the standard procedure. When a tenant has provided written or actual notice of victim-survivor status, operators generally make at least three documented personal-service attempts before shifting to the combined posting-plus-certified-mail or courier method, retaining proof-of-delivery receipts as part of the tenancy file. Failing to follow the correct procedure for the applicable category of tenant can undermine the validity of the notice and any subsequent legal proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-40-108 sets out the rules landlords must follow when serving a notice to vacate or demand, and a notice served through an improper method may be legally defective. Tenants who are victim-survivors of unlawful sexual behavior, stalking, domestic violence, or domestic abuse have an additional layer of protection: once they notify the landlord of that status, the landlord is required to prioritize personal service and, if that fails after three attempts, must use both posting and certified mail or a tracked courier with proof of delivery. Tenants who believe a notice was not served in compliance with § 13-40-108 may wish to consult a tenant-rights organization or legal aid provider to understand how that defect could be raised in any resulting court proceeding.
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
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