Reasons to Evict a Tenant

In Colorado, you must generally provide a 10-day notice for both rent and non-monetary violations allowing tenants to move out or correct a deficiency. After initial filing with the courts, most hearings take place within 2 weeks. You will then receive and execute a writ of restitution in another 48 hours. You should plan for 25-30 days to complete the eviction process.

Reasons You Can Evict a Tenant in Colorado

• Default in the payment of rent – C.R.S. 13-40-104 (1)(d)
• Violation of a condition or covenant of the agreement – C.R.S. 13-40-104 (1)(e)
• Public Trustee Sale – C.R.S. 13-40-104 (1)(f)
• Violent or antisocial criminal act – C.R.S. 13-40-107.5

Situations Preventing an Eviction in Colorado

• Retaliation against tenants for filing a complaint over implied warranty of habitability – C.R.S. 38-12-509
  • See C.R.S. 38-12-503 and 505 for warranty of habitability rules
• Discrimination against tenants on the basis of race, color, familial status, disability, religion, sex, or national origin
• Pet restrictions for service or therapy dog

Steps in the Eviction Process

• Serve tenant with:
  • Demand for Compliance or Possession Notice (JDF 101) – allows tenant option to correct the problem
  • Notice to Quit (JDF 97) – if you want the tenant out of the property
• Wait 10 business days
• Fill out the following forms:
  • Complaint in Forcible Entry and Detainer (JDF 99)
  • Summons in Forcible Entry and Unlawful Detainer (CRCCP Form 1A)
  • Answer Under Simplified Civil Procedure (CRCCP Form 3)
• File the above forms with the court. Expect a filing fee of $97, plus fees to copy for the court and each defendant.
• Within a day, mail a copy of the Summons, Complaint, and Answer to the defendant(s) via first class mail with appropriate exhibits.
• The court clerk will schedule a hearing typically within 2 weeks from the date of issuance of the summons
• Serve the summons to the defendant(s) through the sheriff’s office, a private process server, or another adult who is not a party to the complaint. Papers may be posted on the dwelling entrance if the defendant(s) cannot be served. They must be given at least 7 days notice before the court date!
• You may receive a Summary Judgment (in your favor) if the tenant(s) don’t appear. They may file an Answer or counterclaim in response or request a jury trial.
• Some courts may require mediation prior to the hearing.
• If you prevail in court, you may file for possession with the Motion for Entry of Judgment (JDF 104).
• The court will reply with a signed copy of the Order for Entry of Judgment (JDF 107).
• The tenants will have 48 hours from the date of the judgment to vacate the property.
• If they don’t comply, you will present a Writ of Restitution (JDF 103) to the court. Once approved, the sheriff’s department will use it to forcibly remove the tenant.
• Refer to C.R.S. 38-20-116 and C.R.S. 13-40-122 regarding tenants’ personal belongings.

Let our team of Realtors® assist with the process!