Partial Rent Payments & Eviction Risk in Colorado

Renters in Colorado may occasionally find themselves unable to pay the full rent on time. Understanding how partial rent payments impact your risk of eviction—and your rights—can help you avoid misunderstandings and take the right steps if difficulties arise. This article will guide you through what happens if you make a partial rent payment, the eviction process, and how Colorado’s laws protect renters.

What Happens When You Make a Partial Rent Payment?

In Colorado, paying only part of your rent does not guarantee protection from eviction. Even if your landlord accepts a partial payment, you can still face eviction unless you have a written agreement that waives the balance or prevents eviction based on the partial payment. Here’s what typically happens:

• If you pay part of your rent but not the full amount by the due date, your landlord may still issue a notice demanding the full outstanding rent.
• Your landlord is not required to accept partial payments unless a rental agreement says otherwise.
• If a landlord accepts a partial rent payment without a formal, written waiver, they may continue with the eviction process for the remaining balance.

Key Notices and Official Forms for Partial Payments & Eviction

Here are the main forms and notices renters may encounter if they make a partial rent payment and still owe a balance:

• Demand for Compliance or Right to Possession Notice (formerly often called a Three-Day Notice):
  • When used: If you owe rent (full or partial), your landlord must serve you this notice, giving you 10 days to pay the full balance or move out.
  • Practical example: If your rent is $1,500 and you pay $1,000 by the due date, you may receive a written notice demanding payment of the remaining $500 within 10 days.
  • View official forms on the Colorado Judicial Branch website
• JDF 99 – Complaint in Forcible Entry and Detainer (Eviction):
  • When used: If you don’t pay the balance or move out within the notice period, the landlord may file this form to start a court eviction case.
  • Practical example: If you do not pay the outstanding rent within 10 days after notice, the landlord completes JDF 99 to begin eviction proceedings.
  • Download JDF 99 from the Colorado Judicial Branch

Which Tribunal Handles These Issues?

Eviction cases in Colorado are handled by the County Courts of Colorado. For help with forms and court details, visit their official website.

Important Colorado Legislation for Renters

The primary law covering rental agreements, partial payments, and evictions is the Colorado Revised Statutes (C.R.S.) Title 13, Article 40 – Forcible Entry and Detainer. Additional protections and rules can be found in House Bill 19-1118, which increased notice periods and clarified renter protections.

How Partial Rent Payments Affect Eviction Risk

If you cannot pay the full rent on time, paying a portion may help show good faith, but your landlord has the right to pursue eviction for any unpaid balance unless:

• You have a written agreement specifically stating eviction is waived
• The landlord’s rent ledger or receipts indicate a different arrangement

What Should Renters Do If They Can’t Pay Full Rent?

• Communicate immediately with your landlord and request a written payment agreement.
• Know that paying part of your rent without a written settlement can still result in eviction.
• Respond promptly to any eviction notice and seek advice if served court papers.

Your rights and next steps depend on taking quick action and documenting any agreements.

FAQ: Partial Rent Payments and Eviction in Colorado

1. Can my landlord refuse to accept a partial rent payment?
   Yes. In Colorado, a landlord is generally not required to accept less than the full rent unless otherwise stated in your lease.
2. If my landlord accepts part of my rent, can they still evict me?
   Yes, unless you have a written agreement that says the landlord will not evict you based on the unpaid balance.
3. What kind of notice must my landlord give before starting eviction?
   Your landlord must serve a written "Demand for Compliance or Right to Possession Notice" giving you at least 10 days to pay the remaining rent or leave.
4. How do I respond if my landlord files for eviction?
   You should carefully review the documents, consider seeking legal help, and file any required court forms by the specified deadline.
5. Where can I get official eviction forms or additional help?
   Visit the Colorado Judicial Branch Housing Forms page for forms and information.

Summary: What Colorado Renters Should Remember

• Making a partial rent payment does not necessarily stop an eviction unless a written agreement waives the balance or eviction.
• Landlords must give proper notice before seeking eviction, and official forms are available online.
• Act quickly, keep records, and seek help if you're unsure of your rights or receive an eviction notice.

Being proactive and informed can make a significant difference when dealing with partial rent payments.

Need Help? Resources for Renters

• Colorado Judicial Branch Housing Forms & Information
• Colorado Department of Local Affairs: Landlord-Tenant Resources
• Colorado Legal Help (Landlord/Tenant)
• Find Your Local County Court

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1. Colorado Revised Statutes, Title 13, Article 40 – Forcible Entry and Detainer
2. Colorado House Bill 19-1118 (2019)
3. Colorado Judicial Branch Official Forms – Housing
4. Colorado Department of Local Affairs Landlord-Tenant Information

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