10-Day Notice to Pay Rent or Quit (Demand for Compliance)

10-DAY NOTICE TO PAY RENT OR QUIT — COLORADO

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Tenancy
3. Demand for Rent (Itemization)
4. Cure Period and Consequences
5. Cause Statement Under HB 24-1098
6. Tenant Rights and Resources
7. Reservation of Rights
8. Signature
9. Declaration / Certificate of Service
10. Drafting and Service Notes
11. Sources and References

1. NOTICE HEADER AND IDENTIFICATION

TEN (10) DAY NOTICE TO PAY RENT OR QUIT AND DEMAND FOR COMPLIANCE OR POSSESSION

Pursuant to C.R.S. § 13-40-104(1)(d)

2. STATEMENT OF TENANCY

YOU ARE HEREBY NOTIFIED that you are tenant(s) in possession of the residential premises described above pursuant to:

☐ A written lease dated [__/__/____] (term: [________________________________])
☐ An oral month-to-month tenancy commenced on or about [__/__/____]
☐ A renewal/holdover of a prior written lease

Monthly rent: $[____________] due on the [____] day of each month.

3. DEMAND FOR RENT (ITEMIZATION)

YOU ARE FURTHER NOTIFIED that you are in default for nonpayment of rent. The following amounts are past due as of the date of this notice:

PAYMENT MUST BE MADE BY:

☐ Certified or cashier's check, money order, or other guaranteed funds
☐ Electronic payment to: [PAYMENT PORTAL / ACCOUNT INSTRUCTIONS]
☐ Personal check (at landlord's option)
☐ In person at: [ADDRESS]
☐ By mail to: [ADDRESS — postmark date controls]

4. CURE PERIOD AND CONSEQUENCES

YOU HAVE TEN (10) DAYS from the date this notice is served on you to either:

(a) PAY the entire amount of past-due rent and lawful late fees set forth above; OR

(b) VACATE and surrender possession of the premises to the landlord.

Computation of the 10-day period excludes the day of service and includes the last day; if the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day. C.R.S. § 13-40-108; C.R.C.P. 6(a).

IF YOU FAIL to pay the amount demanded OR vacate the premises within ten (10) days, the landlord will commence a forcible entry and detainer (eviction) action against you in the County Court for [___________] County, Colorado, pursuant to C.R.S. § 13-40-101 et seq., seeking:

• Possession of the premises;
• Past-due rent, lawful late fees, and rent accruing through judgment;
• Court costs and, if authorized by the lease and by law, reasonable attorney fees;
• Any other relief the court deems just.

Partial payment may, in the landlord's sole discretion, be accepted; however, acceptance of partial payment does NOT waive the landlord's right to proceed with eviction unless the entire balance is paid before the cure period expires. The landlord reserves all rights under C.R.S. § 13-40-104(1)(d) and applicable case law.

5. CAUSE STATEMENT UNDER HB 24-1098

This notice is grounded in a statutorily authorized "for-cause" reason for eviction under C.R.S. § 38-12-1303(2): nonpayment of rent. No additional written reason is required for in-term nonpayment evictions. C.R.S. § 38-12-1303(3).

6. TENANT RIGHTS AND RESOURCES

You have important rights under Colorado law:

• Right to cure. Pay the full amount within 10 days and the tenancy continues. C.R.S. § 13-40-104(1)(d).
• Right to a court hearing. The landlord cannot remove you without filing an eviction complaint and obtaining a court judgment and writ of restitution. Self-help eviction (lockouts, removing belongings, shutting off utilities) is illegal and entitles you to damages of three times monthly rent plus attorney fees. C.R.S. § 38-12-510.
• Right against retaliation. Colorado law presumes that any eviction filed within six (6) months after you (i) complained about habitability conditions, (ii) reported a code violation, or (iii) joined a tenants' organization is retaliatory. C.R.S. § 38-12-509.
• Right to assert the warranty of habitability. C.R.S. § 38-12-503; SB 24-094 (eff. 05/03/2024). No bond is required to raise habitability as a defense.
• Right to legal aid. Colorado Legal Services (303-837-1313 or coloradolegalservices.org); Colorado Judicial Branch self-help: lawhelp.colorado.gov; 211 Colorado for emergency rental assistance.
• Eviction record sealing. Under HB 23-1186 / HB 23-1099 record-sealing provisions, certain eviction records may be sealed; consult counsel.
• Servicemembers. If you or a spouse is on active military duty, the federal Servicemembers Civil Relief Act (50 U.S.C. § 3951) provides additional protections.
• VAWA. If you are a victim of domestic violence, dating violence, sexual assault, or stalking, federal VAWA protections (34 U.S.C. § 12491) and Colorado law may bar eviction based on incidents of abuse and may permit early lease termination under C.R.S. § 38-12-402.
• Local protections. Denver (DRMC § 27-200, "Healthy Residential Rentals for All"), Boulder, Aurora, Fort Collins, and other municipalities have additional protections; consult local counsel.

7. RESERVATION OF RIGHTS

The landlord expressly reserves all rights and remedies under the lease, Colorado law, and federal law, including the right to recover all unpaid rent, lawful fees, costs, and attorney fees through the date of judgment and beyond. Acceptance of any partial payment, or any conduct short of full and timely cure, shall not be deemed a waiver of any right or remedy unless reduced to a signed writing executed by the landlord.

This notice does not waive any prior or other default. The landlord reserves the right to amend, supplement, or withdraw and re-serve this notice as permitted by law.

8. SIGNATURE

Dated this [____] day of [_______________], 20[____].

Landlord / Authorized Agent:

By: [____________________________________________]
Printed Name: [____________________________________________]
Title / Capacity: ☐ Owner ☐ Property Manager ☐ Authorized Agent ☐ Attorney
Address: [____________________________________________]
Telephone: [_____________________]
Email: [____________________________________________]

9. DECLARATION / CERTIFICATE OF SERVICE

I, [________________________________], declare under penalty of perjury under the laws of the State of Colorado that on [__/__/____], at approximately [____]:[____] ☐ a.m. ☐ p.m., I served the foregoing 10-Day Notice to Pay Rent or Quit on the tenant(s) named above by the following method (C.R.S. § 13-40-108):

☐ Personal delivery to the tenant at the premises.
☐ Personal delivery to a person of suitable age and discretion (≥ 15 years) residing at the premises, namely [________________________________].
☐ Posting in a conspicuous place on the premises (door) AND mailing a copy by first-class U.S. mail, postage prepaid, to the tenant at the premises (no other person available).
☐ Other (describe): [____________________________________________]

Premises Address: [____________________________________________]

Executed at [_______________], Colorado, on [__/__/____].

Signature: [____________________________________________]
Printed Name: [____________________________________________]
Relationship to Landlord: [____________________________________________]

10. DRAFTING AND SERVICE NOTES

• Strict construction. Colorado courts strictly construe FED notices against the landlord. Any defect — wrong amount, premature service, inflated late fees, missing cause statement (where required), wrong tenant name, ambiguity as to demanded action — invalidates the notice and requires restart.
• Effective date of service. The 10-day clock begins the day after service is completed. Posting-and-mailing service is complete on the date of posting (provided the mailing follows promptly).
• Mid-month service. The notice may be served at any time after rent becomes due, including the day after the grace period expires (C.R.S. § 38-12-105(2): rent not "late" until 7 days after due date).
• Holdover after cure failure. Continued occupancy after the 10-day period expires becomes "unlawful detention" under C.R.S. § 13-40-104(1)(d), permitting filing of FED complaint (Form JDF 101).
• No partial-acceptance trap. Document any partial payment with a written reservation-of-rights letter; otherwise, courts may find waiver.
• Habitability offset. Tenants may assert habitability deductions or escrow under C.R.S. §§ 38-12-503 to 38-12-507 as defense or counterclaim.
• Mobile home tenants. Different statutes apply (Mobile Home Park Act, C.R.S. § 38-12-200.1 et seq.). Use Form JDF 141.
• Rent increase / pretextual notice. A rent increase used to circumvent just-cause protections is barred by C.R.S. § 38-12-1307.

11. SOURCES AND REFERENCES

• C.R.S. § 13-40-104 — Unlawful detention defined: https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/
• C.R.S. § 13-40-107 — Notice to terminate tenancy: https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/
• C.R.S. § 13-40-108 — Service of notice to quit
• C.R.S. § 38-12-105 — Late fee caps
• C.R.S. § 38-12-503 — Warranty of habitability
• C.R.S. § 38-12-509 — Retaliation prohibited
• C.R.S. § 38-12-510 — Self-help eviction prohibited
• C.R.S. § 38-12-1301 et seq. — HB 24-1098 just cause: https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/
• HB 21-1121: https://leg.colorado.gov/bills/hb21-1121
• HB 24-1098: https://leg.colorado.gov/bills/hb24-1098
• C.R.C.P. 304 — FED procedure
• Colorado Judicial Branch FED forms (JDF 101, 102, 103, 108): https://www.coloradojudicial.gov/
• Colorado Legal Services: https://www.coloradolegalservices.org/
• Tenant self-help portal: https://lawhelp.colorado.gov/

END OF NOTICE