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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!

Contact us today!

We can answer questions and help you along the way

FAQs

  • Perform a full background check, including criminal and credit history
  • Verify employment and income
  • Check rental history for previous evictions or late payments
  • Call personal, employer, and landlord references
  • A “no pets” policy does not apply to emotional support or service animals. If a tenant provides proof that their pet is an ESA, you must allow the pet and cannot charge a pet deposit.

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