Steps of the eviction process in Colorado:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Court holds hearing and issues judgment.
- Writ of restitution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Colorado can take around two weeks to four months, depending on whether the eviction is for illegal activity or another type of eviction. If the tenant files an answer with the court, the process could take longer.
Grounds for an Eviction in Colorado
In Colorado, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease expires, violating lease terms and illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent
Employer Provided Housing |
3 Days | Yes |
| Nonpayment of Rent
Exempt Rental Property |
5 Days | Yes |
| Nonpayment of Rent
All Other Tenancies |
10 Days | Yes |
| End of / No Lease | 21 Days | No |
| Lease Violation
Employer Provided Housing |
3 Days | Yes |
| Lease Violation
Exempt Rental Property |
5 Days | Yes |
| Lease Violation
All Other Tenancies |
10 Days | Yes |
| Illegal Activity | 3 Days | No |
Eviction for Nonpayment of Rent
In Colorado, a landlord can evict a tenant for not paying rent on time. To do so, they must first give a notice to quit. If the tenant does not pay the balance due or move out of the rental unit by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Depending on the type of housing, the amount of notice differs:
- For tenants who reside in employer provided housing, landlords must deliver a 3 days’ notice to quit.
- For landlords with 5 or fewer rental properties that lease single family homes (exempt rental property), the tenants must be given a 5 days’ notice to quit.
- For all other residential tenancies, the landlord must serve a 10 days’ notice to quit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Colorado the day immediately after its due date. So for example, if rent is due on the first day of the month, it is considered late starting on the second day of the month (if not paid in full). There is no right to a legal grace period (i.e., seven days).
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Colorado, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “tenant at will” or “holdover tenant”). To do so, they must first terminate the tenancy by giving proper notice to move out (21 calendar days for tenants with a month-to-month lease or for tenancies longer than one month, but less than 6 months).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Colorado, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Colorado landlord-tenant law. To do so, landlords must first deliver a notice to comply or vacate, which allows the tenant to fix the issue or move out.
Tenant responsibilities include:
- Complying with all building, health, and housing codes that materially affect health and safety.
- Keeping the dwelling unit safe, clean and sanitary.
- Disposing of all ash, garbage, rubbish and other waste from the dwelling unit in a safe, clean and sanitary manner.
- Using all facilities and appliances in a reasonable manner.
- Not disturbing the neighbors’ peaceful enjoyment.
- Promptly notifying the landlord if the premises is uninhabitable.
- Not destroying, defacing, damaging, or impairing or removing any part of the premises.
Examples of lease violations include failing to maintain health/safety standards, disturbing the peace and enjoyment of others, allowing unauthorized occupants to reside at the premises or causing minor property damage.
Depending on the type of housing, the amount of notice differs:
- For tenants who reside in employer provided housing, landlords must deliver a 3 days’ notice to comply or vacate.
- For landlords with 5 or fewer rental properties that lease single family homes (exempt rental property), the tenants must be given a 5 days’ notice to comply or vacate.
- For all other residential tenancies, landlords must provide tenants with a 10 days’ notice to comply or vacate.
If the tenant does not correct the lease violation or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Eviction for Illegal Activity
In Colorado, landlords can evict tenants who engage in illegal activity. To do so, the landlord must first serve a 3 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out of the rental unit.
Illegal activity includes:
- Violent felonies.
- Physical harm to another tenant or the landlord.
- Substantial damage or destruction of another tenant’s property or the landlord’s property.
- Drug-related felonies.
- Criminal acts in violation of local, state or federal law that carry a 180-day (or more) criminal incarceration and are public nuisances under the law.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Colorado
In Colorado, any of the below is illegal.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
If found liable, the landlord could be required to pay the tenant statutory damages, 3 times the monthly rent or $5,000, whichever is greater, plus costs, and reasonable attorneys’ fees.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about habitability issues that materially affect the life, health, or safety to the landlord or governmental agency.
- Filing a complaint to a government authority.
- Joining a tenant’s union or organization.
- Pursuing a legal right to remedy habitability issues.
If the landlord is found liable, the landlord could pay the tenant 3 months’ periodic rent or 3 times the tenant’s actual damages, whichever is greater, plus reasonable attorneys’ fees and costs.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Colorado by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Handing the notice to the tenant in person.
- Handing the notice to someone, over the age of 15, occupying the premises.
- Posting the notice in a conspicuous place at the premises, such as the entry door.
It is important for a landlord to always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice to Quit
In Colorado, if a tenant occupies employer provided housing and is late on paying rent (full or partial), the landlord shall serve them a 3-Day Notice to Quit. This notice gives the tenant 3 calendar days to pay the entire balance due or vacate the premises.
5-Day Notice to Quit
In Colorado, for landlords with 5 or fewer rental properties that lease single family homes (exempt rental property), if a tenant is late on paying rent (full or partial), the landlord must serve them a 5-Day Notice to Quit. This notice gives the tenant 5 calendar days to pay the entire balance due or vacate the premises.
10-Day Notice to Quit
In Colorado, for all other residential tenancies, if a tenant (who does not reside at an exempt rental property or employer provided housing) is late on paying rent (full or partial), the landlord must give them a 10-Day Notice to Quit. This notice gives the tenant 10 calendar days to pay the entire balance due or vacate the premises.
21-Day Notice to Vacate
In Colorado, for a tenant with no lease, a month-to-month lease or for tenancies of longer than one month, but less than 6 months, the landlord must serve them a 21-Day Notice to Vacate to terminate the tenancy. This lease termination notice allows the tenant 21 calendar days to move out. If the last day of the notice period falls on a weekend or legal holiday, then the notice officially expires on the next judicial day (a day when the courthouse is open).
However, depending on the length of the tenancy, the amount of notice may differ:
| Lease Length | Notice Amount |
|---|---|
| Less Than 1 Week | 1 Day |
| More than 1 Week, but Less than 1 Month /
At-Will Tenants |
3 Days |
| 1 Month or Longer, but Less than 6 Months | 21 Days |
| 6 Months, but Less than 1 Year | 28 Days |
| 1 Year or More | 91 Days |
3-Day Notice to Comply or Vacate
In Colorado, if a tenant occupies employer provided housing and commits a minor violation of the terms of their lease or legal responsibilities, the landlord must serve them a 3-Day Notice to Comply or Vacate. This eviction notice gives the tenant 3 calendar days to fix the issue or move out.
5-Day Notice to Comply or Vacate
In Colorado, for landlords with 5 or fewer rental properties that lease single family homes (exempt rental property), if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord must give them a 5-Day Notice to Comply or Vacate. This eviction notice gives the tenant 5 calendar days to fix the issue or move out.
10-Day Notice to Comply or Vacate
In Colorado, for all other residential tenancies, if a tenant (who does not reside at an exempt rental property or employer provided housing) commits a minor violation of the terms of their lease or legal responsibilities, the landlord shall serve them a 10-Day Notice to Comply or Vacate. This eviction notice gives the tenant 10 calendar days to fix the issue or move out.
3-Day Notice to Vacate
In Colorado, if a tenant engages in an illegal activity, the landlord must serve them a 3-Day Notice to Vacate. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
As the next step in the eviction process, Colorado landlords must file a complaint in the appropriate county court.
In the state of Colorado, this costs $85-$135 in filing fees, depending on whether there’s an amount for rent/damages being claimed by the landlord, and the amount of the claim.
The summons and complaint must be served on the tenant by anyone who is 18 years or older who isn’t part of the case at least seven days prior to the eviction hearing through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with the tenant’s family member over the age of 18;
- Leaving a copy with the tenant’s supervisor, secretary, administrative assistant, bookkeeper, managing agent, or HR representative; or
- Posting a copy in a conspicuous place on the rental property AND mailing a copy to the tenant via first class mail.
Step 3: Court Holds Hearing & Issues Judgment
The eviction hearing will be held between 7-14 days after the date the summons was issued by the court.
The tenant may file a written answer prior to the eviction hearing, but this is not a requirement in order to attend the hearing and object to (or contest) the eviction.
However, if the tenant doesn’t provide the court with a written answer at the hearing, the court may rule in favor of the landlord, even if the tenant appears in person at the eviction hearing.
If the tenant fails to appear before the judge for the hearing, it will not be continued, and the judge will make a ruling on the eviction that day.
If the defendant does file a written answer with the court (either at or before the hearing), a second hearing will be set to determine whether the tenant will be allowed to stay in the rental unit and determine how much money is owed to the landlord.
If the judge rules in favor of the landlord at either the initial hearing or a follow-up hearing, a writ of restitution will be issued and the eviction process will proceed.
Step 4: Writ of Restitution Is Issued
The writ of restitution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the rental property to forcibly remove the tenant.
The writ must be issued at least 48 hours after judgment is entered in favor of the landlord.
If the tenant remains in the rental unit after the writ is issued, possession of the rental unit will be forcibly returned to the landlord.
Step 5: Possession of Property is Returned
The writ of restitution may be executed by a sheriff, deputy sheriff, or undersheriff.
Colorado statutes don’t have a specific time frame of when the sheriff’s department has to execute an eviction notice once it has been received. Instead, it’s the landlord’s responsibility to schedule a time for the eviction with the sheriff’s department.
Colorado Eviction Process Timeline
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.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 1-91 Calendar Days |
| Court Issuing/Serving Summons | 7 Business Days |
| Court Ruling | 7-14 Business Days |
| Court Serving Writ of Possession | 2 Business Days |
| Final Notice Period | 1-3 Calendar Days |
Flowchart of Colorado Eviction Process
For additional questions about the eviction process in Colorado, please refer to the official legislation, Colorado Revised Statutes §13-40-101 to 13-40-127 and the Colorado Rules of Civil Procedure, Rule 4, for more information.
Sources
- 1 CO Rev Stat §13-40-104 (2020)
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(1)(d)…after any default in the payment of rent…and, ten days’ notice in writing has been duly served…requiring in the alternative the payment of the rent or the possession of the premises; except that, for…an employer-provided housing agreement, three days’ notice is required…and for an exempt residential agreement, five days’ notice is required…
- 2 CO Rev Stat §13-40-107 (2020)
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(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows: (a) A tenancy for one year or longer, ninety-one days; (b) A tenancy of six months or longer but less than a year, twenty-eight days; (c) A tenancy of one month or longer but less than six months, twenty-one days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days; (e) A tenancy for less than one week, one day.
- 3 CO Rev Stat §13-40-104 (2020)
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(1)(e) …and ten days’ notice in writing has been duly served upon such tenant or lessee requiring in the alternative the compliance with such condition or covenant or the delivery of the possession of the premises so held; except that, for…an employer-provided housing agreement, three days’ notice is required…and for an exempt residential agreement, five days’ notice is required pursuant to this section.
- 4 CO Rev Stat §13-40-107.5 (2020)
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(4)(a) A tenancy may be terminated at any time on the basis of a substantial violation. The termination shall be effective three days after service of written notice to quit.
- 5 CO Rev Stat §13-40-107.5 (2020)
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(3)(a) …endangers the person or willfully and substantially endangers the property of the landlord, any co-tenant, or any person living on or near the premises; or (b) …constitutes a violent or drug-related felony…(c) …constitutes a criminal act…that: (I) Carries a potential sentence of incarceration of one hundred eighty days or more; and (II) Has been declared to be a public nuisance…based on a state statute.
- 6 CO Code § 38-12-510 (2021)
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It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article 18.5 of title 25 and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory; is with the mutual consent of the landlord and tenant; or unless the dwelling unit has been abandoned by the tenant, as evidenced by the return of keys, the substantial removal of the tenant’s personal property, notice by the tenant, or the extended absence of the tenant while rent remains unpaid, any of which would cause a reasonable person to believe the tenant had permanently surrendered possession of the dwelling unit. Unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance. If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law, including this part 5.
- 7 CO Code § 38-12-510 (2021)
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A tenant affected by any violation of this section may bring a civil action to restrain further violations and to recover damages, costs, and reasonable attorney fees. In the case of a violation, the tenant must be awarded statutory damages equal to the tenant’s actual damages and the higher amount of either three times the monthly rent or five thousand dollars, as well as any other damages, attorney fees, and costs that may be owed.
- 8 CO Code § 38-12-509 (2021)
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A landlord shall not retaliate against a tenant by increasing rent or decreasing services or by bringing or threatening to bring an action for possession in response to the tenant:
a. Organizing or becoming a member of a tenants’ association or similar organization.
Having made a good faith complaint to the landlord or to a governmental agency alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant; or
4. If a landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant may terminate the rental agreement and recover an amount not more than three months’ periodic rent or three times the tenant’s actual damages, whichever is greater, plus reasonable attorney fees and costs.
3. If a landlord elects to replace a malfunctioning appliance, but does so with a new appliance that is not identical to the appliance being replaced, there is a rebuttable presumption in favor of the landlord that the landlord’s selection of a different appliance was not retaliatory so long as the replacement appliance provides substantially the same features as the original appliance.
- 9 CO Rules of Civil Procedure, Rule 4 (2020)
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(c)Process may be served…by any person whose age is eighteen years or older, not a party to the action…
- 10 CO Rev Stat §13-40-112 (2020)
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(3) Personal service or service by posting shall be made at least seven days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof.
- 11 CO Rules of Civil Procedure, Rule 4 (2020)
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(d)(1)…by delivering a copy thereof to the person, or by leaving a copy thereof at the person’s usual place of abode, with any person whose age is eighteen years or older and who is a member of the person’s family, or at the person’s usual workplace, with the person’s supervisor, secretary, administrative assistant, bookkeeper, human resources representative or managing agent…
- 12 CO Rev Stat §13-40-112 (2020)
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(2) If personal service cannot be had upon the defendant…such person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall mail…a copy of the summons…and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.
- 13 CO Rev Stat §13-40-111 (2020)
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(1) Upon filing the complaint as provided in section 13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons shall command the defendant to appear before the court at a place named in such summons and at a time and on a day which shall be not less than seven days nor more than fourteen days from the day of issuing the same to answer the complaint of plaintiff.
- 14 CO Rev Stat §13-40-122 (2020)
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(1) No writ of restitution shall issue upon any judgment entered in any action under the provisions of this article out of any court until after the expiration of forty-eight hours from the time of the entry of such judgment…
- 15 CO Code § 38-12-504
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In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to:
Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety;
Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit;
Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner;
Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;
Conduct himself or herself and require other persons in the residential premises within the tenant’s control to conduct themselves in a manner that does not disturb their neighbors’ peaceful enjoyment of the neighbors’ dwelling unit; or
Promptly notify the landlord if the residential premises is uninhabitable as defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied.
In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.
Nothing in this section shall be construed to authorize a modification of a landlord’s obligations under the warranty of habitability.
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