Quick Answer
For unpaid rent on a standard Colorado residential agreement, C.R.S. § 13-40-104(1)(d) requires ten days’ written notice that demands, in the alternative, the rent or possession of the premises. The Colorado Judicial Branch’s form for it is JDF 99 A, the court’s demand form, and the complaint you file later is JDF 101. Serve by a method § 13-40-108 allows, count Day 1 as the day after service, state the cure deadline with a date and time, and keep late fees out of the amount you demand. Exempt residential agreements get 5 days, employer-provided housing 3 days, and CARES Act properties 30 days under the form. Statute and form text last checked October 2, 2026.
Key Takeaways
- Ten days is the standard period for a residential agreement under § 13-40-104(1)(d). Check whether your agreement is exempt, employer-provided, or covered by the CARES Act.
- Use the court’s demand form. JDF 99 A is the demand form, and JDF 101 is the eviction complaint.
- Serve by a listed method. Section 13-40-108 lists delivery to the tenant, delivery to a family member over fifteen who resides on or is in charge of the premises, and posting when no one is there. Email and text are not on the list.
- Count from the day after service. The form says to count Day 1 as the day after you finish serving.
- Demand rent only. A late fee can be charged only after rent is seven days late, it is capped at the greater of $50 or 5% of the past-due rent, and you cannot evict for late fees alone (§ 38-12-105).
1. The Demand Form
Section 13-40-104(1)(d) covers a tenant who holds over after a default in rent once “ten days’ notice in writing has been duly served,” requiring in the alternative the payment of the rent or the possession of the premises. For a nonresidential or employer-provided housing agreement the statute calls for three days, and for an exempt residential agreement five.
The Colorado Judicial Branch publishes JDF 99 A for this purpose. The form lets you choose the cure period, and it asks you to state:
- The past-due rent and the dates it was due.
- The street address, city, and county of the property.
- The cure deadline, with a date and time.
- A plain statement that you may start a court case if the tenant does not pay or move.
The form also carries notices on mediation and on repayment-plan rights for certain tenants, so use the current version from the Judicial Branch and fill it in as it directs.
2. Serve It a Listed Way
Section 13-40-108 permits a demand to be served by delivering a copy to the tenant or other person occupying the premises, by leaving it with a member of the tenant’s family above the age of fifteen who is residing on or in charge of the premises, or, when no one is there at the time service is attempted, by posting it in a conspicuous place on the premises. JDF 99 A adds that you post only after a second failed attempt at personal service, and for a tenant who is a survivor of domestic violence it calls for a third attempt and certified mail.
Texting or emailing the demand is not a method the statute lists. Write down the date, the time, and how you served the demand, and who received it.
3. Count the Days
JDF 99 A says to count Day 1 as the day after you finish serving, so the day you serve is Day 0. Fill in the cure deadline the way the form directs, and file your complaint only after that deadline has passed with the rent still unpaid. If the tenant pays the full amount demanded within the period, the default is cured.
4. Keep Late Fees Out of the Demand
Under § 38-12-105, as amended by SB 21-173:
- You may not charge a late fee until the rent is seven days late, and the fee must be in your rental agreement.
- The fee may not exceed the greater of $50 or 5% of the past-due rent.
- You may not start an eviction case because a tenant did not pay late fees.
- You give written notice of a late fee within 180 days after the rent was due.
A demand that adds a late fee to the rent figure risks asking for more than the tenant owes. Demand the unpaid rent and nothing else.
5. Mediation and Exemptions
HB 23-1120 gives certain tenants who receive SSI, SSDI, or Colorado Works cash assistance access to pre-filing mediation. The Judicial Branch’s JDF 101 notes exceptions for nonprofits and landlords with five or fewer rental units. Record your unit count if you intend to rely on the exemption, and read the current form text.
6. Payments During the Cure Period
If you accept a partial payment after you serve the demand, the tenant may argue that you waived the demand. Courts can treat this differently, so ask your attorney before you take payment. If you use an automated payment portal, check whether it can pause collection after you serve.
7. Local and Other Rules
Some cities and counties add notice or disclosure rules, and Colorado’s for-cause eviction law (C.R.S. § 38-12-1303) governs other kinds of terminations. Check your city and county before you serve.
8. Questions Owners Ask
Can I serve the demand by email? Section 13-40-108 does not list email or text. Use a listed method.
Is the notice still three days? Not for a standard residential agreement. The statute calls for ten days, and JDF 99 A offers 5 days for exempt agreements, 3 for employer-provided housing, and 30 for CARES Act properties.
When can I charge a late fee? After the rent is seven days late, up to the greater of $50 or 5% of the past-due rent, and not as part of the rent demand.
Which form starts the court case? JDF 101, the eviction complaint, after the demand period has run.
What This Guide Does Not Cover
This guide covers the ten-day demand for unpaid rent on a Colorado residential agreement. It describes the statutes and the court forms as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Commercial tenancies and employer-provided housing in detail.
- Lease violations other than unpaid rent.
- No-fault terminations under C.R.S. § 38-12-1303.
- Court procedure after you file.