Late Rent Notice Requirements in Colorado 2025
Grace period, late fee cap, and pay-or-quit notice rules
In Colorado you cannot file an eviction for unpaid rent until you have served a written demand for compliance or right to possession and the deadline has run. For a standard residential tenancy that deadline is 10 days, set by C.R.S. 13-40-104(1)(d). The notice is not a formality: serve it late, short the days, or use the wrong delivery method and the court can dismiss your case, sending you back to the start after weeks of lost rent.
This page covers the day counts, who gets a shorter or longer period, how the notice must be served, what it has to say, and the tenant's right to pay and kill the eviction, so the demand you serve survives a challenge in county court.
How many days notice Colorado requires
Colorado sets the pay-or-quit period by the type of tenancy, and the default is longer than most states. Under C.R.S. 13-40-104(1)(d), a standard residential tenant gets 10 days to pay all rent due or surrender the unit. Two shorter periods and one much longer one apply in specific cases:
- Standard residential: 10 days.
- Exempt residential: 5 days. This narrow carve-out generally covers landlords who own five or fewer single-family rental homes. If you do not clearly qualify, use 10 days.
- Nonresidential and employer-provided housing: 3 days.
- Tenants receiving rental assistance: 30 days. Under HB25-1240, if the tenant gets a rental subsidy, you must give a 30-day notice for nonpayment instead of the 10-day demand.
Count the days from the day after the notice is served. When in doubt, give the tenant the full 10 days; a period that is too short is one of the most common reasons Colorado eviction cases get thrown out.
Serving the notice: delivery and posting
Service is governed by C.R.S. 13-40-108, and Colorado allows three methods. You may hand the notice directly to a known tenant occupying the premises; leave it with a member of the tenant's household who is over the age of 15 and lives on or is in charge of the property; or, if no one can be found, post it in a conspicuous place on the premises. Posting is only valid after you have attempted personal service at least once on two separate days. Email or text alone does not satisfy the statute. Keep proof of how and when you served, a signed return, dated photos of the posting, because you will need it to prove up the notice if the case is contested.
What the notice must say
The demand must require, in the alternative, payment of the rent or possession of the premises, in other words, it must give the tenant the choice to pay or move. A demand that only threatens eviction, without offering the pay-and-stay option, is defective. The Colorado Judicial Branch publishes the standard form, JDF 99A (Demand for Compliance or Right to Possession Notice), and using it is the safest route. Include the tenant and property, the exact amount of rent owed, the deadline, and how the tenant can pay. You cannot contract around this: C.R.S. 13-40-104(1)(d) voids any lease clause in which the tenant purports to waive the notice requirement.
The tenant's right to cure
Colorado's demand is a true cure notice. If the tenant pays all rent due within the notice period, the default is cured and you cannot proceed with the eviction on that basis. The right does not end when the deadline passes, either: under C.R.S. 13-40-115, a residential tenant can pay the full amount owed, to you or into the court, even after a judgment enters, and the court must then vacate that judgment. This post-judgment cure right cannot be waived by agreement. Plan for it, a tenant who tenders full payment can stop the eviction late in the process, so keep an accurate running ledger of what is owed.
Late fees and the grace period
Timing matters before you ever serve a demand. Colorado law (C.R.S. 38-12-105) bars charging a late fee until the rent is at least 7 days late, so no fee may attach before the 8th day past the due date. When a fee is allowed, it is capped at the greater of $50 or 5% of the past-due rent. You also cannot remove a tenant or withhold services just because a late fee is unpaid, and the unpaid late fee alone is not grounds for the nonpayment demand. Build your notice around the actual unpaid rent, and make sure any late fee you include is within these limits.
The Pay-or-Quit Notice Process in Colorado
Once rent is late and no grace period applies, the landlord must serve a formal 10-day pay-or-quit notice (C.R.S. § 13-40-104) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Colorado court.
- Rent due date: As stated in the lease
- Pay-or-quit notice may be served: Day 1 or later
- Notice period expires: Day 10 after the due date
- Eviction filing permitted: Day 11 or later
Fill-In Notice Template, Colorado
This summary reflects Colorado's Forcible Entry and Detainer statutes (C.R.S. Article 40), including the demand-for-compliance rules in C.R.S. 13-40-104, service rules in C.R.S. 13-40-108, the cure provisions in C.R.S. 13-40-115, and late-fee limits in C.R.S. 38-12-105, together with HB25-1240's 30-day notice for tenants receiving rental assistance. It is general information for landlords, not legal advice. Notice periods and forms change, and local rules or federal programs (such as CARES Act properties) can lengthen the required notice. Confirm the current statute and use the Colorado Judicial Branch forms, or consult a Colorado landlord-tenant attorney, before serving a demand or filing an eviction.
Frequently Asked Questions
How many days is a Colorado late rent notice?
For a standard residential tenancy, C.R.S. 13-40-104(1)(d) gives the tenant 10 days to pay or move. Exempt residential landlords (generally those owning five or fewer single-family rentals) may use 5 days, nonresidential and employer-provided housing use 3 days, and tenants receiving rental assistance get 30 days under HB25-1240.
Can I serve the notice by email or text?
No. C.R.S. 13-40-108 requires personal delivery to the tenant, leaving it with a household member over age 15, or posting it conspicuously on the premises after attempting personal service at least once on two separate days. Email or text alone does not meet the statute.
What must the Colorado demand notice say?
It must demand, in the alternative, payment of the rent or possession of the premises, giving the tenant the option to pay or move. Use the Judicial Branch form JDF 99A and state the amount owed, the deadline, and how to pay. Any lease clause waiving this notice is void.
Can the tenant stop the eviction by paying?
Yes. If the tenant pays all rent due within the notice period, the default is cured. Under C.R.S. 13-40-115, a residential tenant can also pay the full amount, to the landlord or the court, even after a judgment, and the court must vacate it. This cure right cannot be waived.
When can I charge a late fee in Colorado?
Not until the rent is at least 7 days late, so no earlier than the 8th day past the due date. The fee is capped at the greater of $50 or 5% of the past-due rent (C.R.S. 38-12-105), and an unpaid late fee alone is not grounds to serve a nonpayment demand.
What happens after the notice period expires?
If the tenant neither pays nor vacates, you file a Summons and Complaint to begin a Forcible Entry and Detainer (eviction) action in county court under Article 40. You will need to prove the notice was properly served, so keep your dated proof of service.
Related Guides for Colorado Landlords
Data sourced from Colorado published statutes (C.R.S. § 13-40-104), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.