In Colorado, landlords have the option of evicting a renter who is late on their rent. This is how.
When a tenant fails to pay rent, a landlord is required under Colorado landlord-tenant law to take particular procedures to compel the tenant to either pay the rent due or vacate the leased property. Colorado law forbids “self-help” eviction remedies, which implies that the landlord cannot take personal action to evict the tenant from the rental property, such as entering the residence and changing the locks, without a court order (Colo. Rev. Stat. 13-40-101). According to Colorado state law, the first step a landlord must do to evict a tenant who has not paid rent is to serve the tenant with a written demand for right to possession of the rented property (Colo. Rev. Stat. 13-40-106).
This essay will go through the fundamentals of evicting a renter in Colorado for nonpayment of rent. It addresses the written demand that informs renters of their right to pay the rent rather than risk eviction.
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Notice to Terminate Lease in Colorado for Nonpayment of Rent
If the tenant fails to pay rent on the due date specified in the lease or rental agreement, the landlord may serve the tenant with a formal demand to terminate the lease. This written demand specifies that the tenant must pay the rent or vacate the rental property within three days of receiving the notice (Colo. Rev. Stat. 13-40-104(1)(d)).
What Does the Written Demand Contain?
When creating a formal demand for nonpayment of rent, the landlord must include the following information:
the tenant’s name and address or the rental property’s address, if different from the tenant’s address the landlord’s name the reasons for the landlord’s right to possession (for example, the amount of rent and any late fees presently owed by the tenant to the landlord)
a declaration that if the rent is not paid within three days of the notice, the tenant must vacate the rental property or face eviction, and the landlord’s or the landlord’s attorney or agent’s signature.
13-40-106 (Colo. Rev. Stat.).
How to Serve the Tenant with a Written Demand for Rent Nonpayment
Once the written demand has been developed and signed by the landlord, the written demand may be served on the tenant by delivering it to the tenant by one of the following methods:
delivery to the renter personally
physical delivery to the tenant’s rental property and handing the notice to a person inhabiting the house above the age of 15, or if no one is present at the rental property, posting the notice on the premises in a conspicuous position where it will be seen.
13-40-108 (Colo. Rev. Stat.).
The landlord should preserve a copy of the written demand and keep track of who and when the written demand was served. If the tenant fails to comply with the written demand, the landlord will be required to take further action by filing an eviction complaint in court.
When Served with a Written Demand for Nonpayment of Rent, Tenant Options
Different outcomes may result from the tenant’s reaction to a written demand:
If the renter pays the rent within three days, the landlord may not continue with the eviction.
If the renter does not pay the rent but leaves within three days, the landlord may utilize the tenant’s security deposit (if any) to settle the unpaid rent after fulfilling specific Colorado law requirements. If the security deposit does not cover the whole amount of rent owed, including late fees, as specified in the lease or rental agreement, the landlord may sue the tenant in court for the amount still unpaid. For further information, see Nolo’s article Colorado Landlord’s Guide to Security Deposit Disputes in Small Claims Court.
If the tenant does not pay the entire rent within three days and does not vacate the premises, the landlord may file an eviction case with the local district court to regain control.
13-40-109 (Colo. Rev. Stat.).
Eviction Resources in Colorado for Nonpayment of Rent
For self-help legal information, landlords and renters may turn to the Colorado Department of Local Affairs, Division of Housing, or Colorado Legal Services. Additionally, both landlords and renters will benefit from The Colorado Renter’s Guide, which provides a comprehensive review of tenant rights and obligations.