Free Colorado 3-Day Notice to Pay Rent or Quit (Employer-Provided Housing)
Colorado 3-day pay-or-quit notice for employer-provided housing under C.R.S. 13-40-104(1)(d). Three-day notice (instead of the standard 10 days) applies when the landlord is the tenant employer or an affiliate. Tenant may pay the delinquent rent within 3 days to avoid eviction.
Colorado generally requires a 10-day pay-or-quit notice for residential nonpayment under C.R.S. 13-40-104(1)(d). However, the statute provides exceptions: 3 days for employer-provided housing and 5 days for an exempt residential agreement (a landlord owning 5 or fewer single-family homes who has provided contractual notice of the exemption). Employer-provided housing means a residential tenancy agreement between an employee and an employer (or an employer affiliate) acting as landlord. The 3-day notice must require, in the alternative, payment of the delinquent rent OR possession of the premises. The notice waiver requirement is unwaivable: no lease may contain a tenant waiver of the notice requirement.
Colorado 3-Day Pay or Quit at a Glance
Statute
C.R.S. 13-40-104(1)(d)
Notice Period
3 Days
Standard Residential
10 Days
Cure Right
Pay or Quit
Colorado Employer-Provided Housing Definition
Under C.R.S. 13-40-104(5)(a), employer-provided housing agreement means a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord. If this definition does not match the tenancy, use the standard 10-day notice instead. The notice waiver requirement is unwaivable: no lease may contain a tenant waiver.
How to Use the Colorado 3-Day Pay or Quit
Identify when the notice is required
Confirm the tenancy meets the employer-provided housing definition. Both the landlord identity (employer or employer affiliate) and the tenant identity (employee) must align. If unclear, use the standard 10-day notice instead.
Prepare the notice
Prepare the written notice. It must require, in the alternative, payment of the delinquent rent OR possession of the premises. State the parties, property, and the amount of rent due. Sign and date.
Serve the notice
Serve per C.R.S. 13-40-108: personal service on the tenant, substituted service with a person of suitable age at the premises, or posting if the premises are vacant. Retain an affidavit of service.
Follow statutory timeline
Wait the 3-day cure period. The 3 days are calendar days. The tenant may either pay the delinquent amount in full or vacate the premises during this period.
Document the process
If the tenant fails to pay or vacate within 3 days, file a forcible entry and detainer (FED) action in Colorado county court. Maintain documentation of service and tenant nonpayment.
Generate the Colorado Notice
Complete the fields below to generate a Colorado 3-day pay-or-quit notice for employer-provided housing. Service should comply with C.R.S. Section 13-40-108; retain proof of delivery.
Purpose of this Colorado notice
This is a 3-day pay-or-quit notice specifically authorized by C.R.S. 13-40-104(1)(d) for employer-provided housing tenancies. The 3-day period is significantly shorter than the standard 10-day Colorado residential notice. Use this only when the tenancy meets the employer-provided housing definition; otherwise use the 10-day notice.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Rent Delinquency Details
Employer-provided housing definition
Under C.R.S. 13-40-104(5)(a), the tenancy must be between an employee and the tenant employer (or an affiliate of the employer) acting as landlord. If the tenancy does not meet this definition, use the standard 10-day Colorado residential pay-or-quit notice instead.
3. Notice Content
4. Signature
About This Colorado Notice
Colorado Revised Statutes Section 13-40-104(1)(d) governs nonpayment-of-rent unlawful detention. The default residential notice is 10 days. However, the statute provides three notice tiers: 10 days for standard residential agreements; 5 days for an exempt residential agreement (a landlord owning 5 or fewer single-family homes who has provided contractual notice of the exemption); and 3 days for an employer-provided housing agreement OR a nonresidential agreement. Employer-provided housing is defined at C.R.S. 13-40-104(5)(a) as a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord. Common examples: agricultural worker housing, hospitality industry housing, on-site management residences. The 3-day notice must demand in the alternative the payment of delinquent rent or possession of the premises. The lease cannot contain a tenant waiver of the notice requirement (unwaivable under 13-40-104(1)(d)). Service must comply with C.R.S. 13-40-108: personal service, substituted service, or posting if vacant. After 3 days without payment or surrender, the landlord may file a forcible entry and detainer (FED) action in Colorado county court. Critical caveat: if the employment relationship ends (termination, resignation), separate considerations may apply — consult Colorado counsel.
Colorado Statutory Requirements
- Statute: C.R.S. 13-40-104(1)(d) (and definition at 13-40-104(5)(a))
- Notice period: 3 calendar days for employer-provided housing
- Tenancy definition: employee-tenant; employer or employer affiliate as landlord
- Written form required
- Must demand in the alternative: payment OR possession
- Must state amount due
- No waiver permitted in lease (13-40-104(1)(d) unwaivable)
- Service per C.R.S. 13-40-108
Delivery Methods
- Personal service on the tenant (preferred)
- Substituted service — person of suitable age at the premises
- Posting — on the premises if vacant
- Certified mail — supplemental
- Retain affidavit of service
Common Mistakes
- Using the 3-day notice when not employer-provided housing — would invalidate the notice; use the 10-day instead
- Missing the alternative demand — must demand payment OR possession
- Vague or missing amount due
- Insufficient service — affidavit required
- Counting from service incorrectly — calendar days
- Filing FED before the 3 days expire
Best Practices
- Confirm the employer-provided housing definition fits before using the 3-day notice
- State the alternative demand clearly: pay OR vacate
- State the exact amount due
- Cite C.R.S. 13-40-104(1)(d) on the notice
- Serve personally per C.R.S. 13-40-108 — retain affidavit
- Document the employment relationship in your file
- Wait the full 3 days before filing FED
- Consult Colorado counsel for any contested employment-housing case
Bottom line
Colorado 3-day notice for employer-provided housing under C.R.S. 13-40-104(1)(d): confirm the employee-tenant / employer-landlord relationship before using. Demand payment OR possession. Specify the exact amount due. Serve per C.R.S. 13-40-108 and retain affidavit. The lease cannot waive the notice requirement. After 3 days without payment or surrender, file FED in county court.
Frequently Asked Questions
When is a Colorado 3-day pay-or-quit notice required?
A Colorado 3-day pay-or-quit notice for employer-provided housing is required by C.R.S. 13-40-104(1)(d) when an employee-tenant becomes delinquent in rent and the landlord is the employer or an employer affiliate. The 3-day period is significantly shorter than the standard 10-day Colorado residential notice.
What must the notice contain?
The notice must (a) be in writing, (b) identify the parties and property, (c) state the amount of rent due, (d) demand in the alternative payment of the rent OR possession of the premises, and (e) be signed by the landlord or authorized agent. It must cite C.R.S. 13-40-104(1)(d).
How must the notice be delivered?
Service must comply with C.R.S. 13-40-108: personal service on the tenant (preferred), substituted service with a person of suitable age at the premises, or posting on the premises if vacant. Retain an affidavit of service.
What are the landlord and tenant obligations?
The tenant may either pay the delinquent rent in full within 3 calendar days or surrender possession. The lease cannot contain a tenant waiver of the notice requirement — the requirement is unwaivable under 13-40-104(1)(d). The 3-day period is a statutory cure right.
What qualifies as employer-provided housing?
Under C.R.S. 13-40-104(5)(a), employer-provided housing means a residential tenancy agreement between an employee and an employer (or an affiliate of the employer) when acting as landlord. Common examples: agricultural workers, hospitality industry, on-site management residences. If the relationship does not match, use the standard 10-day notice instead.
What are common mistakes?
Common mistakes include using the 3-day notice when the tenancy is not employer-provided housing (invalidates the notice; use 10-day instead), missing the alternative demand (must demand payment OR possession), vague amount due, insufficient service, and filing FED before the 3 days expire.
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