Colorado 10-Day Notice to Pay Rent or Quit
Demand for Compliance or Right to Possession – C.R.S. § 13-40-104(1)(d)
This is the first step in the Colorado eviction process for non-payment of rent. The tenant has 10 calendar days to pay all rent owed in full OR vacate the premises. If the tenant fails to comply, the landlord may file a Forcible Entry and Detainer (FED) action in County Court. This form is for landlords with 6 or more rental properties. Landlords with 5 or fewer single-family homes should use the 5-Day Notice.
📅 Notice Information
👤 Tenant Information
🏠 Rental Property
💰 Amount Owed
List all unpaid rent periods:
Late Fees: Under C.R.S. § 38-12-105, late fees cannot be charged until rent is more than 7 days late. Maximum late fee is 5% of past due rent or $50, whichever is greater. Late fees should NOT be included in this demand – only past due rent.
📜 Legal Notice
DEMAND FOR COMPLIANCE OR RIGHT TO POSSESSION
Pursuant to Colorado Revised Statutes § 13-40-104(1)(d) and § 13-40-106, you are hereby notified that you are in default of your rental agreement for failure to pay rent.
YOU ARE REQUIRED TO:
Pay the total amount of $0.00 for past due rent within TEN (10) DAYS from the date this notice is served upon you, OR surrender and vacate the premises.
If you fail to pay the full amount owed or vacate the premises within the 10-day period, the landlord may file a Forcible Entry and Detainer (eviction) action against you in County Court to recover possession of the premises, past due rent, court costs, and any other damages permitted by law.
Payment must be made in full. Partial payments may be accepted at the landlord’s sole discretion but will not stop the eviction process unless full payment is received.
💳 Payment Instructions
⚖️ Right to Mediation Notice
NOTICE TO TENANT – RIGHT TO MEDIATION: If you receive Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Cash Assistance through the Colorado Works Program, you may have a right to mandatory mediation at no cost to you before the landlord can proceed with eviction. Contact your local legal aid office for more information.
👔 Landlord/Agent Information
Landlord/Agent Signature
📬 Certificate of Service
Service Requirements: Notice may be served by: (1) handing it to the tenant personally; (2) leaving it with someone of suitable age at the premises; or (3) posting it in a conspicuous place if no one is available. Keep proof of service for court.
Server’s Certification
I certify that I served this notice on the date and in the manner indicated above.
Colorado 10-Day Notice to Pay Rent or Quit
The 10-Day Notice to Pay Rent or Quit (also called “Demand for Compliance or Right to Possession”) is the required first step in the Colorado eviction process when a tenant fails to pay rent. Under C.R.S. § 13-40-104(1)(d), landlords must provide this written notice giving tenants 10 calendar days to either pay all past-due rent in full or vacate the premises.
Which Notice Period Applies?
Colorado has different notice periods depending on the landlord’s situation:
| Landlord Type | Notice Period | Applicable Law |
|---|---|---|
| Standard landlord (6+ rental properties) | 10 Days | C.R.S. § 13-40-104(1)(d) |
| Exempt landlord (5 or fewer single-family homes) | 5 Days | C.R.S. § 13-40-104(1)(d.5) |
| Employer-provided housing | 3 Days | C.R.S. § 13-40-104(1)(c) |
| Federally-backed mortgage (FHA, VA, USDA) | 30 Days | Federal requirements |
When Can This Notice Be Served?
In Colorado, rent is typically due on the date specified in the lease (usually the 1st of the month). There is no statutory grace period for rent payments – landlords can serve the 10-Day Notice the day after rent is due if not paid. However:
- Check your lease for any grace period provisions
- Late fees cannot be charged until rent is 7+ days late (C.R.S. § 38-12-105)
- Maximum late fee is 5% of past-due rent or $50, whichever is greater
Proper Service Methods
The notice must be properly served to be valid. Colorado allows these methods:
- Personal Service: Handing the notice directly to the tenant
- Substitute Service: Leaving with a person of suitable age and discretion at the premises
- Posting: If no one is available, posting in a conspicuous place on the property
What Happens After the 10 Days?
If the tenant does not pay in full or vacate within 10 days:
- Landlord may file a Forcible Entry and Detainer (FED) complaint in County Court
- Filing fee is approximately $85-$135 depending on the county
- Tenant will be served with a summons and complaint
- Court hearing typically scheduled within 7-14 days
- If landlord wins, a Writ of Restitution is issued
- Sheriff enforces the writ, giving tenant 48 hours to vacate
Tenant Rights During This Process
Colorado law provides several protections for tenants:
- Right to Cure: Tenant can stop eviction by paying full amount owed before deadline
- Mediation Rights: Tenants receiving SSI, SSDI, or Colorado Works may qualify for mandatory mediation
- Habitability Defense: Tenant may raise habitability issues as defense in court
- Retaliation Protection: Landlord cannot evict in retaliation for tenant exercising legal rights
Common Mistakes to Avoid
- Using the wrong notice period (5-day vs. 10-day)
- Including late fees or other charges in the demand amount
- Failing to keep proof of service
- Filing in court before the 10-day period expires
- Accepting partial payment without written agreement about eviction
- Attempting “self-help” eviction (changing locks, removing belongings)
Frequently Asked Questions
Can the tenant pay and stay after receiving this notice?
Yes. If the tenant pays the full amount of past-due rent within the 10-day period, the landlord cannot proceed with eviction for non-payment. However, this does not prevent future notices for subsequent non-payment.
What if the tenant makes a partial payment?
Landlords should be cautious about accepting partial payments. Accepting partial payment may waive your right to proceed with eviction. If you do accept partial payment, get a written agreement that it does not waive your right to continue the eviction process.
How do I count the 10 days?
Count 10 calendar days starting from the day after service. If the 10th day falls on a weekend or legal holiday, the deadline extends to the next business day.
⚠️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Colorado eviction law is complex and changes frequently. Recent legislation (HB 24-1098, SB 24-094) has significantly changed landlord-tenant law. Consult with a qualified Colorado attorney before proceeding with any eviction action. Self-help evictions are illegal in Colorado and can result in significant penalties.
