Colorado eviction laws vary from county to county in terms of court proceedings and fees. Despite that, they all follow the same general eviction process:
Every eviction process is different and dependent on the lease/rental agreement signed by the tenant and the landlord. It is always best to exercise meticulous file-keeping to avoid errors that the tenant could exploit.
This article details a summary for landlords to refer to when evicting a tenant. Confirm procedures with your county to avoid mistakes and confusion.
Get the quintessential guide to eviction laws on the go from DoorLoop’s “Landlord’s Guide” series.
Now, let’s dive in.
Rent is usually considered late a day past its due date. A grace period may be available if stated in the lease/rental agreement.
Before a landlord can start the eviction process, they must give the tenant an official written Notice to Pay. This is also known as a Demand for Compliance.
The amount of time landlords give their tenants to pay depends on their tenancy:
If the tenant pays the rent within the notice period, then the eviction process does not continue. If the tenant is unable to pay, the landlord may proceed with the eviction process.
The rental lease agreement has to be upheld by both tenant and landlord for the entire duration of the tenant’s stay. Agreements may vary from tenant to tenant and must be clearly stated in the lease.
If a tenant violates any terms from the lease agreement, the landlord must issue a written Notice to Comply informing the tenant of their violation and specifies how long they have to comply.
The length of time a tenant has to resolve the issue or leave the premises depends on their type of tenancy:
If the tenant resolves the issues on time, the eviction process does not continue.
Lease violations may include:
If the tenant fails to resolve the violations on time, then the landlord may continue with the eviction.
To download your own Colorado lease agreement, visit DoorLoop's Forms Page to quickly download an example lease agreement.
If a tenant has engaged in illegal behavior within the property, the landlord must issue a 3-Day Notice to Vacate.
Examples of illegal activities are:
Clients charged with this type of violation do not have the option to “correct” it. They have to move out before the notice period ends. If they continue to stay on the premises, the landlord may continue with the eviction process.
In Colorado, landlords cannot evict tenants or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
But if the tenant stays in the property even a day after their lease/rental agreement ends and has not arranged for renewal, landlords can issue a Notice to Quit. Landlords are not obliged to remind their tenants to renew unless stated in the lease/rental agreement.
The length of time a tenant receives before vacating the property depends on the duration of their lease/rental agreement.
The eviction process can only begin after the issuance of the Notice to Vacate. The landlord must have allowed enough time to pass before filing for eviction.
The eviction process is as follows:
It takes about 1 to 91 days from the Notice to Pay or Quit issuance, depending on the reason for eviction and the lease agreement before a legal complaint may be filed.
| Type of Tenancy | Explanation | Notice |
|---|---|---|
| Residential Agreement | Any other tenancy that does not fall under the above categories | 10-Day Notice to Pay |
| Exempt Residential Agreement | The property is one of five (or less) rental properties owned by the landlord | 5-Day Notice To Pay |
| Employer-provided Housing Agreement | The tenant's employer provided them with housing | 3-Day Notice to Pay |
Before filing for an eviction with the court, you need to issue the tenant a notice to comply. You can either download the free PDF or Word template, or create your Colorado eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice.
Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. The last thing you want is to go to court only to find out you did the first process incorrect.
A copy of the summons and complaint is served to the tenant. It must be served at least 7 days before the hearing.
There are several methods to accomplish this:
When using the Posting method, the server has the additional responsibility of mailing the documents via first-class mail.
Landlords are not allowed to serve the documents to the tenant themselves. They have to ask someone uninvolved in the case to do it for them.
The person tasked with serving the documents may be someone from the sheriff’s office or a professional process server (additional service charges may be charged for either option).
If the landlord decides to choose someone else, they must be uninvolved with the case, know the service rules, and be at least 18 years old.
The tenant has at least 7 days to prepare for the hearing.
A written answer is not required from the tenant, but they must present one on the day of the hearing. Failure to do so may result in the judge ruling in favor of the landlord regardless of the tenant’s attendance at the hearing.
The eviction hearing is scheduled 7-14 days after the complaint is filed.
The documents should be served to the tenant at least 7 days before the hearing is scheduled.
To learn more about Colorado's landlord-tenant laws, head over to DoorLoop's Complete Guide to Colorado's Landlord-Tenant Laws for an in-depth guide.
| Lease/Rental Agreement | Notice to Receive |
|---|---|
| One year or longer | 91-Day Notice to Quit |
| Six months to one year | 28-Day Notice to Quit |
| One month to six months | 21-Day Notice to Quit |
| At-will and one week to one month | 3-Day Notice to Quit |
| Less than one week | 1-Day Notice to Quit |
The landlord has to provide a strong argument backed up by solid evidence against the tenant. If the tenant does not show up to the hearing, the landlord wins by default, and the eviction process continues.
In the state of Colorado, a reply from the tenant is not necessary for a court date to be scheduled. They only need to provide a written answer or counterclaim on or before the eviction hearing.
The judge could also require the tenant and landlord to attend a mediation session with a trained mediator before either hearing.
If an agreement is not reached, then the responsibility of providing evidence falls on the landlord. The landlord needs to support the claim and show it during the hearing.
This could include, but is not limited to the following:
However, a follow-up hearing will be scheduled to continue discussing the case if the tenant files a written answer.
A hearing is scheduled 7-14 days from the filing of the complaint. If the landlord filed all the proper documents and provided a legal reason for the eviction, a Summary Judgment can be given in the landlord’s favor.
Provided that the tenant does not appeal for reconsideration, a Writ of Restitution is issued at least 48 hours after the landlord wins the case.
The tenant has a maximum of 48 hours to vacate the property. If they are still on the property after 48 hours, they may be forcibly removed.
The tenant receives 48 hours to leave the premises with all their belongings. If they remain on the property, the landlord can schedule a time for eviction with the county’s sheriff.
The landlord is not allowed to force the tenant to move out. Only an authority from the sheriff’s department is permitted to do so.
If the tenant leaves behind any belongings due to forcible eviction, the landlord must contact the tenant and give them 15 days to retrieve their belongings.
However, if the tenant left the belongings voluntarily, the landlord must wait 30 days before disposing of the items or placing them in storage.
The tenant has 48 hours from when the landlord wins the case to move out of the property.
If the tenant is still on the property by the end of the 48 hours, they have until the landlord schedules a time for eviction to move out. This could take a few hours to a few days depending on the availability of the landlord.
Below is the average timeline for a complete eviction process. This timeline may change depending on the complexities of the case, such as a second hearing.
On average, it would take anywhere between 10-107 days for a complete eviction process.
| Notice Received by Tenants | Average Timeline | Important Things to Remember |
|---|---|---|
| Initial Notice Period | 1-91 days | Give your tenant a written Notice to Pay or Notice to Comply prior to the eviction process |
| Issuance and Posting of Summons and Complaint | At least 7 days before the hearing | Make sure no mistakes were made in the filing process |
| Court Ruling on the Eviction | 7-14 days | If you win the case, the judge will grant you a Writ of Restitution/ |
| Issuance of the Writ of Restitution | 48 hours | The tenant has 48 hours to vacate the property |
| Return of Possession | A few hours to a few days. | You are not allowed to be the one to evict the tenant by force. Leave that job to the authorized officials. |
If the tenant disagrees with the eviction request and they reply to the court, it’s crucial that you keep extremely good records of everything so you can provide proof to the judge and win your case. This part can make or break your entire eviction request in the event of a dispute.
You can stay organized by:
If the tenant doesn’t pay rent, and they dispute that claim, it’s important that you show the judge the following:
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, it’s important to show proof from any of the following methods:
DoorLoop hosted this webinar with attorney Michael Larranaga from Larranaga Law to help answer many of your legal questions. Michael specializes in real estate law and evictions in Colorado and we covered:
Feel free to learn more and watch this webinar for free.
