A reference of Colorado Eviction Laws, and steps of the Colorado eviction process for landlords and renters, updated 2021.
- What are the reasons that landlords can evict tenants under Colorado eviction laws?
- What notice do Colorado eviction laws require that landlords provide tenants before starting the eviction process?
- For evictions based on non-payment of rent, the landlord must give a 10-day notice to pay rent before starting the eviction process. (CO Rev Stat § 13-40-104(d)).
- For evictions based on non-compliance of the lease terms, the landlord must provide a 10-day notice for non-compliance. (CO Rev Stat § 13-40-104(e)).
- For evictions based on an illegal holdover, the landlord must give the tenant notice based on the length of the tenancy. If the tenant has lived on the property for one year or longer, the landlord must provide notice of 91 days. If the tenant has lived on the property for six months to one year, the landlord must provide 28 days’ notice. If the tenant has lived on the property for at least a month but less than six months, the landlord must provide notice of 21 days. I the tenant has lived on the property for one week or longer but less than a month, the landlord must provide notice of 3 days. (CO Rev Stat § 13-40-107).
- Do Colorado eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities?
- No. Colorado law forbids landlords from using self-help eviction methods. (CO Rev Stat § 38-12-510).
Colorado Eviction Process
Here are the eight steps for the lawful eviction process in Colorado:
- Deliver the eviction notice. To initiate the Colorado eviction process, the landlord must provide the proper type of eviction notice to the tenant, based on the reason for eviction. The landlord must wait for the deadline on the notice to expire before taking any further action.
- File the initial court documents. If the tenant did not fix the problem leading to eviction, the landlord can begin the official eviction process by filing the initial court documents with the County Court where the property is located and paying the filing fee. The initial court documents include the Complaint (JDF-99) and Summons (CRCCP 1A). Once the proper forms are filed, the court will set a hearing date.
- Serve the tenant. Once the court receives the complaint and summons, a date for the hearing will be set. The landlord must serve the tenant with these documents so that the court knows the tenant was aware oft the proceeding. The tenant must receive the documents at least seven days before the court date. The process server completes an affidavit of service that confirms service. The landlord files this document with the court.
- Wait for the tenant’s answer. The tenant may file an Answer to the Complaint. If the tenant fails to answer in time, the landlord may file a Motion for Judgment and an Order that states the landlord’s damages.
- Attend the court hearing. If the tenant did respond to the complaint, the court will conduct a hearing to review evidence and testimony. If the court rules in favor of the landlord, the landlord can continue the eviction process. The tenant has 48 hours to appeal the judgment in favor of the landlord.
- File a Writ of Possession. After 48 hours, the landlord can file a Writ of Restitution.
- Notify the sheriff. Once signed, the landlord can deliver the Writ of Restitution to the sheriff’s office. This legal document allows the sheriff to physically remove the tenant from the property within 30 days.