Last reviewed September 2026. Colorado eviction statutes and court forms change frequently, so landlords should confirm current requirements before serving notice or filing a case.
When rent goes unpaid, every additional week can increase a landlord’s losses. Colorado law allows eviction for nonpayment, but the landlord must use the notice period that applies to the property, serve the demand correctly, and complete the court process before recovering possession. A mistake in the initial demand can delay the case when the landlord is already carrying unpaid rent and property expenses.
At Anzen Legal Group, our Fort Collins eviction attorneys represent landlords and property owners, not tenants, in Colorado eviction matters. We help landlords determine which notice period applies, prepare for a forcible entry and detainer action, and pursue possession through the lawful process.
Before serving a demand for unpaid rent, call Anzen Legal Group at 970-893-8857. Early review can help identify whether the lease, property, tenant, or source of financing changes the notice requirements.
What Is the Short Answer for a Colorado Landlord?
A Colorado landlord generally begins a nonpayment eviction by serving a written demand that gives the tenant the legally required period to pay the rent or surrender possession. If the tenant neither cures the nonpayment nor leaves after the applicable period, the landlord may file a forcible entry and detainer, or FED, action. The landlord must then serve the court papers, establish the right to possession, obtain a judgment, and use a writ of restitution if the tenant still does not leave.
Nonpayment of rent is a recognized ground for eviction under C.R.S. section 13-40-104(1)(d). The process is not complete when the demand expires, and a landlord generally should not change locks, remove belongings, or shut off utilities without completing the judicial process. If the issue is not unpaid rent but another breach of the rental agreement, such as an unauthorized occupant, prohibited pet, repeated disturbance, or property damage, see our guide to evicting a tenant for lease violations in Colorado.
Anzen Legal Group provides eviction and landlord-tenant representation for landlords and property owners throughout Colorado.
How Much Notice Must a Landlord Give for Unpaid Rent?
The answer depends on the type of rental agreement and property. The current Colorado Judicial Branch JDF 99A Demand for Compliance identifies four possible periods for residential nonpayment demands:
- 10 days for a standard residential rental agreement.
- 5 days for an exempt residential agreement. Under C.R.S. section 13-40-104(5)(d), this category applies to a single-family home leased by a landlord who owns five or fewer single-family rental homes and whose written rental agreement states that the standard 10-day notice period does not apply.
- 3 days for qualifying employer-provided housing agreements.
- 30 days for properties covered by the federal CARES Act.
A landlord should not assume that every residential nonpayment case uses the standard 10-day period. Under 15 U.S.C. section 9058, coverage may arise from participation in a covered federal housing or rural housing voucher program, or from a federally backed mortgage loan. The current JDF 99A directs landlords to use a 30-day period for a CARES Act property. Coverage and the current notice requirement should be confirmed for the specific property before service. Likewise, the shorter five-day period applies only when the statutory ownership, property-type, and lease-notice requirements are satisfied.
What Must the Demand for Compliance Include?
The demand should accurately identify the tenant and premises, state the amount and rental periods at issue, give the correct deadline to pay or surrender possession, and provide the information required by the current form and statutes. Inflating the demand with charges that do not qualify as rent, using an incorrect cure date, or describing the payment history inaccurately can create disputes about whether the landlord properly began the process.
Colorado’s current JDF 99A states that the notice must be provided in the tenant’s primary language, and the Colorado Judicial Branch supplies translated versions of the form. Landlords should use the current form and confirm that every required section is completed rather than relying on an older saved notice.
How Must a Nonpayment Demand Be Served?
Service of the demand is part of the eviction case, not a clerical afterthought. Under the instructions accompanying JDF 99A and C.R.S. section 13-40-108, the landlord may deliver the demand to a known tenant occupying the premises or leave it with a member of the tenant’s family who is older than 15 and resides on or is in charge of the premises. The statute does not extend substitute service to any roommate or occupant. If neither permitted method succeeds, the landlord generally must attempt personal service on two separate days before posting the notice conspicuously on the premises.
Additional requirements can apply when the tenant has provided documentation connected to certain victim-survivor protections. In that situation, C.R.S. section 13-40-108(2) requires a third personal-service attempt and, if that also fails, posting plus mailing by certified mail or an equivalent commercial service with proof of delivery. Because the cure period runs from completed service, the service method and dates should be documented carefully.
What Happens if the Tenant Pays the Rent?
Payment can end a nonpayment eviction even after the case has been filed. Under C.R.S. section 13-40-115(4), a landlord who properly serves a nonpayment notice must accept full payment of all amounts due under the notice, plus any additional rent that remains due under the rental agreement, before a judge enters a judgment for possession. The tenant may pay the landlord or the court. After confirming timely payment in full, the court must vacate any judgment that has been issued and dismiss the nonpayment action with prejudice. The statutory cure amount does not include the landlord’s other claimed damages or court costs.
Accepting money without documenting what the payment represents can complicate the case. As experienced Fort Collins landlord attorneys, we can evaluate the timing, amount, lease terms, and procedural posture before the landlord responds.
Can a Tenant Require Mediation or a Repayment Plan?
In some cases, yes. The current JDF 99A explains that a tenant receiving Supplemental Security Income, Social Security Disability Insurance, or cash assistance through the Colorado Works Program may have a right to mandatory mediation before the landlord files the eviction case if the tenant provides the required written notice. This mediation requirement comes from C.R.S. sections 13-40-106(2) and 13-40-110, which also exempt certain nonprofit landlords and landlords with five or fewer single-family rental homes and no more than five total rental units.
Colorado law also provides a potential repayment-plan process when qualifying victim-survivors miss rent because of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and provide the documentation required by statute. The current form directs landlords to C.R.S. sections 13-40-104(4) and 13-40-106(4). These protections can change the next lawful step, so they should be evaluated before filing.
How Does a Landlord File the Eviction Case?
If the applicable cure period expires without full compliance or surrender of possession, the landlord may file an FED complaint in the county where the property is located. An eviction involving a Fort Collins property will generally proceed in Larimer County Court. The complaint, lease, demand, rent ledger, and proof of service should tell a consistent story about the amount owed and the landlord’s asserted right to possession.
After filing, the summons and complaint must be served in accordance with Colorado law. The tenant may answer, dispute the amount claimed, challenge the notice or service, or assert defenses. In a contested case, the landlord should be prepared to establish both the underlying nonpayment and compliance with the required procedure.
What Evidence Should a Landlord Preserve in Colorado Eviction Matters?
A landlord should preserve:
- the signed lease and amendments,
- a complete rent ledger,
- payment records,
- returned-payment information,
- written communications,
- the original demand,
- photographs of the posted demand when applicable,
- proof of each service attempt, and
- copies of the complaint and court papers.
If the accounting includes concessions, credits, utilities, fees, or other charges, the landlord should be able to explain how each amount was calculated and why it belongs in the claim.
Organizing the record before notice is served can reveal errors that are easier to correct before the case is filed. It also allows counsel to assess whether the unpaid amount is properly characterized as rent.
How Does a Landlord Regain Possession After Winning?
A judgment for possession does not permit the landlord to remove the tenant personally. If the tenant does not leave, the landlord may request a writ of restitution. The writ directs the county sheriff to restore possession according to Colorado law and the court’s order.
Until the tenant voluntarily surrenders possession or the sheriff executes the writ, the landlord should continue to avoid self-help measures. Completing the process correctly protects the enforceability of the judgment and reduces the risk of a separate claim arising from the landlord’s conduct.
What Mistakes Commonly Delay a Nonpayment Eviction?
Common problems include using the wrong notice period, failing to determine whether the CARES Act applies, demanding an inaccurate amount, using an outdated form, miscalculating the cure date, documenting service poorly, accepting payment without considering its legal effect, and filing before a required mediation or repayment process has been addressed.
These issues are fact-specific. A notice that works for one property may be defective for another property owned by the same landlord. That is why our broader Fort Collins eviction lawyer and landlord attorney page emphasizes review before the first notice is served.
When Should a Landlord Contact a Colorado Eviction Attorney?
The most useful time to involve an eviction attorney is often before serving the demand. Counsel can review the lease, property type, financing, payment history, tenant communications, and potential statutory protections before the landlord commits to a notice period and legal theory.
When unpaid rent is continuing to accumulate, restarting the notice process can create additional loss. Anzen Legal Group represents Colorado landlords, not tenants, in eviction matters. Call 970-893-8857 to speak with a Fort Collins eviction lawyer about a nonpayment matter and the next lawful step.
This article is general information about Colorado law, not legal advice. Reading it does not create an attorney-client relationship with Anzen Legal Group, and the statutes and forms discussed here change frequently. Consult a licensed Colorado attorney about your specific situation before serving a notice or filing an eviction.
