In Colorado, what a landlord does with your rent during an eviction can change the legal situation. Under Colorado law (C.R.S. § 13-40-115), if a landlord has given you proper notice for not paying rent, they must take full payment of all the money you owe until a judge enters a judgment for possession. Specifically, "[a] landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full payment of all amounts due according to the notice, as well as any rent that remains due under the rental agreement...."

So, if you pay all that is due, the court must dismiss (cancel) any eviction. Also, when a landlord accepts rent after sending a notice of default, it usually means they give up their right to end the lease based on that missed payment. This was shown in Merkowitz v. Mahoney, 121 Colo. 38, where the court said that taking rent after a lease violation shows the lease is still active. Because of these rules, some landlords choose not to accept rent during an eviction. By refusing a partial payment of past-due rent and asking you to speak with their attorney, they protect their right to move forward with the eviction.

You may be interested in a Q&A I previously wrote on the issue, If a landlord accepts partial rent payment in Colorado before the judge signs off on the eviction, isn’t it supposed to stop the eviction?