What to Do When Your Denver Tenant Stops Paying Rent

It happens to almost every landlord eventually.

You check your bank account on the 5th, and the rent deposit isn't there. You shoot a text — no response. A few days go by. Now it's the 10th, and you're starting to wonder what actually happens next.

This situation is stressful, and how you handle the first two weeks matters more than most landlords realize. Done right, you can often resolve it without legal action. Done wrong — or too slowly — you can add months to the process and thousands of dollars to the cost.

Here's the honest, practical guide to handling a late-paying tenant in Colorado.

Step 1: Communicate Early and Directly

Before anything else — reach out. Not to threaten, just to ask.

Sometimes it's a bank issue, a forgotten automatic transfer, a personal crisis that temporarily derailed everything. A quick call or text in the first 3–5 days can resolve the situation entirely. "Hey, I noticed rent hasn't come through — everything okay?" goes a long way with a tenant who's had a good track record.

Keep a record of every contact attempt: what you said, when, and what (if anything) they responded. You'll want that documentation later if things escalate.

Step 2: Know Your Lease — and Colorado's Rules

Check your lease for:

• The rent due date
• Any grace period (many Colorado leases include a 3–5 day grace period before late fees apply)
• The late fee amount (Colorado law caps late fees at $50 or 5% of the monthly rent, whichever is greater)
• Your written late fee policy

You can charge a late fee once the grace period has passed — but you must have it written into the lease and it must comply with Colorado's late fee statute, which was updated in 2023.

Step 3: The Demand for Compliance (Pay or Quit Notice)

If rent remains unpaid after the grace period, Colorado law requires you to serve a written Demand for Compliance — sometimes called a "pay or quit" notice — before you can file for eviction.

Under Colorado law, the notice period depends on how long the tenant has lived there:

• Less than 6 months: 5 days notice
• 6 months to 2 years: 14 days notice
• More than 2 years: 21 days notice

This changed under SB21-173, one of the bigger tenant protection updates in recent Colorado history. If you've been a landlord for a while and haven't revisited your notice procedures, this is worth reviewing — the old 3-day notice process no longer applies.

The demand must be in writing, must specify the amount owed, and must be served properly (delivery in person, or posted on the door with a copy mailed). Keep proof of service.

This is also your last real opportunity to resolve things without court. Some tenants — especially good ones in a genuine short-term bind — will pay in full once they see a formal written demand. Offer a payment plan in writing if you're open to it; get any agreement signed.

Step 4: If They Still Don't Pay — Filing for Eviction

If the notice period expires with no payment and no written agreement, you can file an eviction (called an "Unlawful Detainer") in the county court where the property is located.

In the Denver metro, that's typically:

• Denver County Court for properties in Denver proper
• Jefferson County Court for Arvada, Lakewood, Wheat Ridge, etc.
• Arapahoe County Court for Aurora, Centennial, Englewood, etc.

Filing fees in Colorado are relatively modest (usually $85–$175 depending on the amount claimed), and most landlords can file without an attorney for straightforward non-payment cases. However, if the tenant files an answer or raises any defenses, you'll want legal counsel. The Colorado Judicial Branch's self-help resources can walk you through the filing process.

The court will set a hearing date, and if you've followed the notice process correctly and the tenant hasn't paid, a judgment in your favor is the typical outcome. From there, a Writ of Restitution gives the sheriff authority to remove the tenant if they still haven't left.

What This Actually Costs You

We'll be honest: a contested eviction in Colorado can take 2–3 months from first missed payment to possession, and the total cost — lost rent, filing fees, attorney fees if used, plus turnover — often runs $3,000–$6,000 or more.

That's why tenant screening matters so much on the front end. A thorough application process, income verification, and rental history checks do more to protect your investment than anything you can do after a problem starts.

What to Avoid

A few things landlords sometimes do that make the situation worse:

• Self-help eviction. Changing the locks, removing the tenant's belongings, or shutting off utilities without a court order is illegal in Colorado — full stop. Even if the tenant owes you three months' rent.
• Accepting partial rent without a written agreement. Accepting a partial payment can complicate your legal position. If you accept partial rent, get it in writing — stating clearly that it's partial, the balance owed, and the deadline for the remainder.
• Waiting too long. Every week you delay is another week of lost rent with no path to resolution. If the situation isn't resolving through direct communication, move to the formal process.

Want Someone Else to Handle This?

This is exactly the kind of situation where having a property management company in your corner makes a real difference. At My Haven, we handle late rent communication, demand notices, and — when necessary — the eviction process as part of our full-service management.

Call us at 303-228-7800 or visit rentmyhaven.com to learn more.

My Haven is a full-service property management company proudly serving the Denver metro area.