Colorado Non-Payment of Rent Notice Overview
Colorado's non-payment eviction process underwent a major overhaul in 2021 with the passage of HB21-1121. The law increased the notice period from 3 days to 10 days, imposed late fee caps, and required landlords to include information about rental assistance programs in eviction notices. Under C.R.S. §13-40-104(1)(d), landlords must now serve a 10-day notice demanding payment of rent before filing a Forcible Entry and Detainer (FED) action in County Court.
Colorado's 2021 reforms were among the most significant changes to landlord-tenant law in the state's history. The law was a response to the eviction crisis during the COVID-19 pandemic and aimed to give tenants more time to pay or access rental assistance. In addition to the 10-day notice period, the law caps late fees at $50 or 5% of monthly rent (whichever is greater) and prohibits charging late fees during the 10-day notice period. Denver, Boulder, and other Colorado municipalities may have additional local ordinances affecting evictions.
10 Days
Notice period
$97
Avg. filing fee
Yes
Right to cure
3-5 wks
Court process
Colorado's 10-Day Notice Requirement
Under C.R.S. §13-40-104(1)(d), when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 10 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply. The 10-day period is counted in calendar days, starting the day after service of the notice.
HB21-1121 (2021) significantly reformed Colorado eviction law—increased notice from 3 to 10 days, capped late fees, and required landlords to provide information about rental assistance.
Colorado HB21-1121: Major 2021 Eviction Reform
HB21-1121 fundamentally changed Colorado eviction law effective October 1, 2021. Key changes: (1) notice period increased from 3 to 10 days, (2) late fees capped at $50 or 5% of rent, (3) eviction notices must include information about rental assistance, (4) tenants can raise 'warranty of habitability' as a defense, and (5) courts must consider the tenant's circumstances before issuing judgment. Landlords using old 3-day notice forms will have their cases dismissed. Ensure your notice complies with the current law.
Colorado Legal Requirements (C.R.S. §13-40-104)
For the notice to be valid under Colorado law, it must meet specific requirements established by statute and interpreted by Colorado courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Colorado law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- 10-Day Cure Period: Clearly state the tenant has 10 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Colorado Grace Period & Late Fee Rules
No statutory grace period. Lease terms control. Understanding Colorado's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
Late fee must not exceed $50 or 5% of rent (whichever is greater) under HB21-1121. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Colorado law.
Colorado Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
Late fee must not exceed $50 or 5% of rent (whichever is greater) under HB21-1121.
Partial Payment
Acceptance generally waives right to evict unless non-waiver agreement in place.
Right to Cure
Yes. Tenant may pay full amount within 10 days.
How to Serve a Non-Payment Notice in Colorado
Colorado law specifies acceptable methods for delivering the 10-day notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Colorado courts require proof of proper service before proceeding with eviction.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Colorado courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The 10-day period begins when the tenant receives the mail.
File After Notice Expires
After the full 10 days have passed without payment, file an eviction complaint in Colorado County Court. Include the original notice and proof of service with your filing.
Colorado Non-Payment Eviction Timeline
The Colorado eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 10-Day Demand for Compliance or Possession | Day 1 |
| Notice period expires | Day 11 |
| File FED complaint in County Court | Day 11-13 |
| Summons served (7-14 days before hearing) | Day 13-18 |
| Court hearing | Day 20-32 |
| Judgment entered (if landlord wins) | Day 20-32 |
| Writ of restitution issued (48 hours after judgment) | Day 22-34 |
Total estimated time: 3-5 weeks for uncontested cases. Denver County Court often has longer wait times due to high caseload. Contested cases can take 6-10 weeks.
Colorado Eviction Filing Fees & Costs
Filing fees for eviction actions in Colorado vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| County Court Filing Fee | $85 - $135 |
| Service of Process | $30 - $80 |
| Writ of Possession/Restitution | $35 - $75 |
| Attorney Fees (if hired) | $500 - $2,500 |
| Appeal (if needed) | $150 - $250 |
Sample Colorado 10-Day Non-Payment Notice
Below is a preview of our Colorado-specific non-payment notice. The final document includes all statutory language required under C.R.S. §13-40-104(1)(d) and is formatted for Colorado court proceedings.
TEN (10) DAY DEMAND FOR COMPLIANCE OR POSSESSION
STATE OF COLORADO
Pursuant to C.R.S. §13-40-104(1)(d) (as amended by HB21-1121)
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Colorado Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
COLORADO STATUTORY NOTICE:
You have TEN (10) DAYS from the date of service of this notice to pay the full amount of rent due or vacate the premises. If you fail to comply within 10 days, legal proceedings will be initiated to recover possession. IMPORTANT: You may be eligible for rental assistance. Contact 2-1-1 Colorado or visit co211.org for information about programs that may help you pay rent. Under Colorado law, you have the right to cure this default by paying the full amount owed within the 10-day period.