Colorado Eviction Process

Last Updated: November 4, 2025 by Cu Fleshman

Colorado landlords dealing with difficult tenants face stress and confusing regarding their legal options. This guide goes over the Colorado eviction process and laws, outlines valid reasons for eviction, describes step-by-step procedures, explains timelines, and dive into the essential landlord-tenant laws that help protect rentals across the Centennial State.

How Colorado Law Defines Eviction

An eviction in Colorado happens when a landlord uses the court system to remove a tenant rom their rental property who fails to pay rent, breaks the lease, or demonstrates other evictable behavior. Landlords must follow every legal step exactly to keep the process enforceable.

Landlords can review Colorado’s eviction laws in the Colorado Revised Statutes Title 13, Article 40, which detail notice timelines, court filings, and tenant protections across the state.

Eviction With Just Cause

“Just cause” in Colorado means a landlord has a legal reason to evict a tenant, such as missed rent payments, serious lease violations, or criminal activity on the property.

Colorado landlords can evict tenants only with just cause, as required by state law. As such, landlords must issue the correct written notice and follow every legal step outlined in Colorado’s eviction statutes to ensure their case holds up in court.

Smart landlords document every issue thoroughly. To do so, keep detailed records of rent payments, written warnings, photos of damage, and all tenant communication.

Applicable law: Colo. Rev. Stat. § 13-40-104, Colo. Rev. Stat. § 13-40-107.5

No-Fault Evictions

Colorado landlords cannot remove fixed-term tenants without just cause before the lease ends. They can, however, decide not to renew a lease once the term expires by giving tenants at least 21 days’ written notice (unless the lease requires a longer period).

For month-to-month tenants, landlords can end the tenancy without just cause by providing at least 21 days’ written notice before the next rental period begins. This rule applies across all of Colorado, as long as the landlord does not act in retaliation or in a discriminatory manner.

Applicable law: Colo. Rev. Stat. § 13-40-107.5, Colo. Rev. Stat. § 38-12-402

Grounds for Eviction in Colorado

Landlords in Colorado may evict tenants for several legally recognized reasons, which include:

Non-Payment of Rent

Colorado landlords can act quickly when tenants fall behind on rent. The state gives no automatic grace period, so rent becomes late the day after it’s due (unless the lease says otherwise).

Once payment is overdue, landlords can issue a 10-Day Notice to Pay or Quit, giving tenants 10 days to pay in full or move out. If they ignore the notice, landlords file a Forcible Entry and Detainer case in county court, which starts the formal eviction process.

Applicable law: Colo. Rev. Stat. § 13-40-104(1)(d), Colo. Rev. Stat. § 13-40-107.5

Lease Violations

A lease agreement sets the ground rules for how landlords and tenants share a property. When tenants break those rules, Colorado landlords can take legal steps to end the tenancy.

A few examples of lease violations include:

• A Denver tenant moves in two friends long-term without written approval, exceeding the city’s occupancy limits.
• A Fort Collins renter mounts a large TV and leaves holes and wiring damage after moving out.
• A Pueblo tenant grows marijuana plants without proper licensing, violating both state law and the lease.

Strong lease agreements protect both landlords and tenants, but clarity matters just as much as the contract itself. Reviewing a new lease agreement with your tenant will helps both sides understand their obligations, set clear expectations, and avoid costly disputes down the road.

Applicable law: Colo. Rev. Stat. § 13-40-104 (1)(e), Colo. Rev. Stat. § 13-40-107.5

Illegal Use of the Premises

Colorado law allows landlords to evict tenants who engage in illegal activity on the rental property. Examples include selling drugs, running unlawful businesses, tampering with utilities, or causing deliberate property damage within a rental unit. In these cases, landlords can file for eviction immediately since criminal acts are considered non-curable in Colorado and require no warning or grace period.

Applicable law: Colo. Rev. Stat. § 13-40-104 (1)(f)

Tenant Actions that Threaten Health or Safety

Colorado landlords can take action when tenants create unsafe or unhealthy living conditions. State law allows eviction when a tenant’s behavior threatens others’ safety or causes severe property damage.

Common examples of health and safety violations include:

• Letting garbage or pet waste pile up and attract rodents or insects
• Overloading circuits with unsafe extension cords or illegal wiring
• Blocking emergency exits or removing essential door locks

Landlords should document every issue and serve a 10-Day Notice to Comply or Vacate (only if they deem the issue to be curable). For major or recurring hazards, landlords may move forward with eviction. Learn more about tenant obligations under Colorado’s warranty of habitability laws.

Applicable law: Colo. Rev. Stat. § 13-40-104(1)(h), Colo. Rev. Stat. § 13-40-107.5

Destruction or Neglect of the Rental Unit

Colorado landlords can evict tenants who cause significant damage or neglect their rental property. The law distinguishes normal wear from egregious damage (like holes in the wall, urine-soaked carpets, or water damage caused by careless behavior.

Landlords should take dated photos, collect repair invoices, and complete written inspection reports to prove the damage in court. Keeping organized records helps landlords recover costs and strengthens their eviction case if the tenant refuses to take responsibility.

Applicable law: Colo. Rev. Stat. § 13-40-104(1)(e.5), Colo. Rev. Stat. § 13-40-107.5

Tenant is in a Month-to-Month Rental Contract

Colorado landlords can end a month-to-month lease at any time without giving a reason, provided they give proper notice. State law sets the timeline based on how long the tenant has lived in the unit. If the tenancy has lasted under 1 year, landlords must provide at least 21 days’ written Notice to Quit.

Once a tenant has lived there for 1 year or more, the required notice increases to 91 days. If the tenant stays past the deadline, landlords can file an eviction case in county court.

Applicable law: Colo. Rev. Stat. § 13-40-107(1)(c)

Step-by-Step Eviction Process in Colorado

Colorado landlords must follow a 7-step process to evict a tenant legally. The process begins with the delivery of proper written notice and ends when the county sheriff helps to return possession of the property.

Here is the entire step-by-step process landlords must take:

1. Deliver Notice to the Tenant

Colorado landlords must start the eviction process by serving the correct written notice to the tenant. The type of notice depends on the issue, such as unpaid rent, lease violations, or illegal activity. Each notice must clearly outline the problem and, when allowed, give the tenant a set timeframe to fix it.

Serious violations, such as criminal activity, significant property damage, or endangering others, leave tenants with no chance to correct the problem. Landlords must follow Colorado’s service rules by delivering the notice in person, leaving it with someone 15 or older at the unit, or posting it in a visible spot on the property.

Notice Forms & Timelines

• 10-Day Notice to Pay or Quit: For nonpayment of rent. Tenants have 10 days to pay or move out.
• 10-Day Notice to Comply or Vacate: For fixable lease violations, such as unauthorized pets, extra occupants, or poor maintenance.
• Notice to Quit for Non-Curable Violations: For illegal activity, significant damage, or threatening behavior. No time to fix the issue.
• 21-Day or 91-Day Notice to Quit: For ending a month-to-month tenancy. Use 21 days if the tenancy is under 1 year, or 91 days if it has lasted 1 year or more.

Applicable law: Colo. Rev. Stat. § 13-40-104, Colo. Rev. Stat. § 13-40-107

2. File an Eviction Lawsuit Against the Tenant 

Once the notice period ends, Colorado landlords may proceed with eviction if the tenant still refuses to pay rent or correct a lease violation. The landlord will file a Forcible Entry and Detainer (FED) complaint in the county court where the rental property sits. Filing this complaint officially starts the legal process to regain possession of the unit.

Most Colorado counties will charge between $85 and $135 to file an eviction case. After submitting the paperwork, the court clerk will schedule a hearing date, usually within 7 to 14 days. The landlord will then wait for the court’s notice before serving the tenant with the summons and complaint.

Applicable law: Colo. Rev. Stat. § 13-40-110, Colo. Rev. Stat. § 13-40-111

3. Serve Court Summons Paperwork to the Tenant

Once the Colorado court clerk sets a hearing date, the landlord will arrange for a sheriff, a private process server, or any adult over 18 who is not involved in the case to deliver the eviction summons and complaint to the tenant. The landlord or process server will complete a Return of Service form confirming when and how delivery was made, then file it with the court before the hearing.

After receiving the summons, the tenant may respond using the Answer Under Simplified Civil Procedure (JDF 94) form. This form allows the tenant to explain their side of the dispute before appearing in court. Both the landlord and tenant will attend the scheduled hearing, where the judge will review the case and make a ruling.

Applicable law: Colo. Rev. Stat. § 13-40-112 , Colo. Rev. Stat. § 13-40-113

4. Attend the Eviction Hearing

When the court date arrives, both the landlord and the tenant will appear before a Colorado county court judge, either on their own or with an attorney. The landlord will present evidence supporting the eviction, such as the lease agreement, rent ledger, photos, or copies of notices. The tenant will have the opportunity to present their defense, provide proof of payment, submit repair requests, or demonstrate lease compliance.

During the hearing, the judge will review all documents, ask questions, and hear testimony from either side. They may also allow witnesses to speak or request additional clarification before deciding the case. Once the judge has reviewed all the information, they’ll consider the matter before issuing a ruling.

Applicable law: Colo. Rev. Stat. § 13-40-115

5. Court Reaches a Ruling

After weighing all the evidence, testimony, and documents, the judge will issue a ruling. Most cases will be decided the same day as the hearing, though some judges may take up to 7 days to finalize the judgment. The decision will determine who keeps possession of the property.

If the judge rules in the tenant’s favor, the tenant will remain in the rental and may recover costs or damages, if applicable. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, allowing the landlord to request a Writ of Restitution. A tenant who disagrees with the outcome will have 14 days to file an appeal and post a bond to delay the eviction while the appeal moves forward.

Applicable law: Colo. Rev. Stat. § 13-40-116 , Colo. Rev. Stat. § 13-40-117

6. Judge Issues a Writ of Restitution

Once the landlord has a Writ of Restitution, the county sheriff will be able to remove the tenant and return possession of the property to the landlord. The tenant will have 48 hours to move out before the sheriff enforces the writ.

Once the 48-hour period passes, the landlord will contact the sheriff’s office to schedule the eviction. Only the sheriff can complete this step, and landlords cannot remove tenants or belongings on their own.

Applicable law: Colo. Rev. Stat. § 13-40-122

7. Law Enforcement Executes the Writ of Restitution

On the eviction date, the sheriff will visit the property, remove the tenant, and return legal possession to the landlord. Colorado law gives only the sheriff authority to perform this step, so landlords must remember not to attempt to remove tenants or belongings themselves.

After the eviction, the landlord will handle any belongings left behind in accordance with state law. Colorado requires landlords to store the tenant’s property for at least 15 days and send a written notice explaining where and when the items can be retrieved. If the tenant fails to claim their belongings within that timeframe, the landlord may dispose of or sell the items to recover storage costs.

Applicable law: Colo. Rev. Stat. § 13-40-122 , Colo. Rev. Stat. § 13-40-123

Tenant Defense Against Eviction in Colorado

Eviction can drastically affect a tenant’s stability in Colorado. Losing housing can disrupt work and family life, and future landlords may hesitate to rent to someone with an eviction on record. Still, tenants have ways to respond and protect themselves before the situation worsens.

Tenants who owe rent should contact their landlord immediately and confirm any agreement in writing. Setting up a short-term payment plan, applying for rental assistance through county housing programs, or correcting lease issues early can prevent a costly legal case for both sides. Open communication often resolves disputes before eviction becomes necessary.

When tenants feel overwhelmed, they can turn to Colorado Legal Services for free or low-cost help. The organization assists tenants across the state with eviction defense, negotiation strategies, and guidance on renters’ rights under Colorado law.

Timelines to Expect

In Colorado, an eviction can be completed in 2 weeks to 4 months, but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.

Below are the parts of the Colorado eviction process outside the control of landlords for cases that go uncontested.

Flowchart of the Colorado Eviction Process

Typical Court Fees

The average cost of an eviction in Colorado for all filing, court, and service fees is $320. Although the cost varies heavily on the amount of the eviction claim. Eviction lawsuits can be filed in County Court where the dwelling unit is located.