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Notice to Pay Rent or Quit
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TEN-DAY NOTICE TO PAY RENT OR QUIT

(Colorado)

[// GUIDANCE: This notice is governed by Colorado Revised Statutes § 38-12-104. IMPORTANT: As of 2023, Colorado law was significantly amended. For nonpayment of rent, the landlord must provide at least TEN (10) days' notice to cure before terminating the tenancy. The notice period begins the day after service. Verify current statutory requirements before use, as Colorado landlord-tenant law has undergone recent changes.]


NOTICE INFORMATION

Date of Notice: [DATE]

Tenant Name(s): [TENANT FULL LEGAL NAME(S)]

Rental Property Address:
[STREET ADDRESS]
[CITY], Colorado [ZIP CODE]
[UNIT/APT NUMBER, if applicable]


NOTICE TO TENANT

TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:

You are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.

AMOUNT DUE

Description Amount
Past Due Rent for [MONTH(S)/YEAR] $[AMOUNT]
Late Fee (if applicable per lease) $[AMOUNT]
Prior Balance (if any) $[AMOUNT]
Other Charges (itemize): [DESCRIPTION] $[AMOUNT]
TOTAL AMOUNT DUE $[TOTAL]

DEMAND FOR PAYMENT OR POSSESSION

Pursuant to Colorado Revised Statutes § 38-12-104, you are hereby required within TEN (10) DAYS from the date of service of this notice to either:

  1. PAY IN FULL the total amount of rent due as stated above; OR

  2. VACATE AND SURRENDER possession of the above-described premises to the undersigned Landlord.

THE TEN-DAY PERIOD BEGINS THE DAY AFTER SERVICE OF THIS NOTICE AND EXCLUDES THE DATE OF SERVICE.


CONSEQUENCES OF NON-COMPLIANCE

If you fail to pay the full amount of rent owed or vacate the premises within the ten (10) day period, the Landlord will pursue legal remedies available under Colorado law, including but not limited to:

  • Filing a Forcible Entry and Detainer (FED) action in the appropriate Colorado County Court pursuant to C.R.S. § 13-40-101 et seq.;
  • Seeking a judgment for possession of the premises;
  • Seeking a money judgment for all unpaid rent, late fees, court costs, and reasonable attorney's fees as permitted by the lease agreement and Colorado law;
  • Any other remedies available at law or in equity.

PAYMENT INSTRUCTIONS

[// GUIDANCE: Specify acceptable payment methods and where payment should be delivered.]

Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / ELECTRONIC PAYMENT / OTHER ACCEPTED METHODS]

Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Colorado [ZIP CODE]
[PHONE NUMBER]

[// GUIDANCE: If online or electronic payment is accepted, include portal information here.]


IMPORTANT LEGAL NOTICES

  1. Right to Cure: Under C.R.S. § 38-12-104, if you pay the full amount of rent due within the ten (10) day notice period, this notice shall be void and your tenancy shall continue according to its terms.

  2. Rental Assistance Resources: Before an eviction case can proceed, tenants may be eligible for rental assistance. Contact the following resources:
    - Colorado Housing Connects: 1-844-926-6632
    - Colorado Emergency Rental Assistance Program (ERAP): colorado.gov/cdhs
    - Local community action agencies

  3. Right to Legal Representation: You may have the right to legal representation in eviction proceedings. Contact:
    - Colorado Legal Services: 1-888-534-5243
    - Colorado Lawyer Referral Service: 303-831-8000

  4. Warranty of Habitability: Under C.R.S. § 38-12-503 et seq., landlords must maintain rental properties in habitable condition. If there are conditions affecting habitability, you may have legal defenses. Consult an attorney.

  5. Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.). Consult with a legal assistance attorney or JAG officer.

  6. Retaliation Prohibited: Colorado law (C.R.S. § 38-12-509) prohibits landlords from retaliating against tenants for exercising their legal rights.


RESERVATION OF RIGHTS

This notice is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved. Acceptance of partial payment after this notice is served does not waive the Landlord's right to proceed with eviction for the remaining balance unless the Landlord agrees in writing to accept partial payment and waive the breach.


CERTIFICATION OF SERVICE

I, the undersigned, hereby certify that a copy of this Ten-Day Notice to Pay Rent or Quit was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method:

☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion residing at the premises, with a copy mailed first-class
☐ Posting in a conspicuous place on the premises AND mailing a copy via first-class mail to the tenant at the premises address
☐ Certified mail, return receipt requested
☐ Electronic service (if agreed to by tenant in writing)

[// GUIDANCE: Colorado law (C.R.S. § 13-40-108) specifies methods of service. Personal service is preferred. Alternative methods may be used if personal service cannot be accomplished.]


LANDLORD/AGENT SIGNATURE

Landlord/Authorized Agent Name: [PRINT NAME]

Signature: ____________________________________

Date: [DATE]

Address:
[LANDLORD ADDRESS]
[CITY], Colorado [ZIP CODE]

Telephone: [PHONE NUMBER]

Email: [EMAIL ADDRESS]


PROOF OF SERVICE

Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]

Signature: ____________________________________

Date of Service: [DATE]

Time of Service: [TIME]

Method of Service: [DESCRIBE METHOD USED]

If Posted and Mailed:
Date Posted: [DATE]
Date Mailed: [DATE]


This notice is intended to comply with the requirements of Colorado Revised Statutes § 38-12-104. Colorado landlord-tenant law has been significantly amended in recent years. This template does not constitute legal advice. Consult a licensed Colorado attorney for guidance specific to your situation and to verify compliance with current law.

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