Colorado notice to vacate: 10 days to pay or leave, and 21 days from a tenant
In Colorado, a tenant who has not paid rent gets a 10-day written notice to pay or leave, and a lease cannot waive it (Colo. Rev. Stat. 13-40-104(1)(d)). A tenant ending a tenancy of one month to six months gives written notice at least 21 days before the end of a rent period (13-40-107(2)(c)). Unpaid late fees never count as rent for the 10-day notice (38-12-105(7)).
How does the 10-day notice for unpaid rent work in Colorado?
Under C.R.S. 13-40-104(1)(d) the tenant gets a written notice to pay the rent or leave within 10 days. DoorKeeping's Colorado rules file records two details that matter: a lease cannot waive the notice, and the period is 5 days for an exempt residential agreement. Check which kind of agreement you have before you count.
The part owners most often get wrong is what goes in the amount. Section 38-12-105(7) says unpaid late fees never count as rent for this notice. If you include a late fee in the demand, the tenant can argue the notice is defective, and you may have to start the process again.
Example a made-up tenant owes $1,500 of rent for March and a $75 late fee. The notice must demand $1,500 only. A notice demanding $1,575 mixes rent and a late fee, so the safe course is to keep the fee out of the notice and handle it separately.
What steps should I follow?
- Confirm from the ledger which months of rent are unpaid and leave out fees.
- Use the 10-day period unless the agreement is exempt, and check the dates on your calendar.
- Write the notice to pay or leave, with the amount, the address and the date, and keep a copy.
- Deliver it and record how and when.
- If the tenant pays the rent in full inside the period, record it and stop. If not, the next step is a court filing, not a lockout.
For the general idea of these notices, see pay or quit notices. For fees, read Colorado's late fee rules.
How much notice does a Colorado tenant give?
For a tenancy of one month to six months, C.R.S. 13-40-107(2)(c) requires written notice that ends at the end of a rent period, at least 21 days before it. So a tenant who pays on the 1st and wants to leave at the end of June must give notice by June 9 at the latest, since June 30 is 21 days after June 9.
Answer a tenant's notice in writing, name the end date and book the move-out inspection. The deposit rules that follow are in Colorado security deposit laws.
What about a landlord ending a tenancy?
Colorado limits when a landlord may end a tenancy at all. DoorKeeping's file notes that for most homes a landlord may end a tenancy only for a cause or a no-fault reason in C.R.S. 38-12, part 13, which the file has not read. For that reason this post gives no landlord notice period for a no-cause ending. Read the current statute, or ask a local attorney, before you tell a tenant to leave for any reason other than unpaid rent.
One related rule is recorded: with no written lease, rent goes up only after at least 60 days' written notice, and at most once in 12 months (38-12-701 and 38-12-702). See rent increase notice requirements.
How DoorKeeping handles it
DoorKeeping keeps the tenant ledger with rent and fees apart, so you can see the rent-only number a notice needs, and it keeps late fees within the state cap. Messages to the tenant stay in its message history. It does not serve notices or file cases. DoorKeeping gives general information, not legal advice. Laws change and cities can add rules, so check the current law for your state and your property before you act, and talk to a local attorney if a case is contested.
Sources
Questions
- How many days is a Colorado notice to pay or vacate?
- Ten days in writing, and a lease cannot waive it (C.R.S. 13-40-104(1)(d)). It is 5 days for an exempt residential agreement.
- Can I include late fees in a Colorado nonpayment notice?
- No. Unpaid late fees never count as rent for this notice (C.R.S. 38-12-105(7)).
- How much notice must a Colorado tenant give?
- For a tenancy of one month to six months, written notice at least 21 days before the end of a rent period (13-40-107(2)(c)).
- How much notice for a rent increase with no written lease?
- At least 60 days' written notice, and at most one increase in 12 months (38-12-701 and 38-12-702).