Colorado Eviction Process

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1 Colo. Rev. Stat. § 13-40-104(1)(d)

When such tenant or lessee holds over without permission of the tenant’s or lessee’s landlord after any default in the payment of rent pursuant to the agreement under which the tenant or lessee holds, and, ten days’ notice in writing has been duly served upon the tenant or lessee holding over, requiring in the alternative the payment of the rent or the possession of the premises; except that, for a nonresidential agreement or an employer-provided housing agreement, three days’ notice is required pursuant to this section, and for an exempt residential agreement, five days’ notice is required pursuant to this section. No such agreement shall contain a waiver by the tenant of the notice requirement of this subsection (1)(d). It is not necessary, in order to work a forfeiture of such agreement for nonpayment of rent, to make a demand for such rent on the day on which the same becomes due; but a failure to pay such rent upon demand, when made, works a forfeiture.

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2 Colo. Rev. Stat. § 38-12-105(a)

A landlord shall not take any of the following actions or direct any agent to take any of the following actions on the landlord’s behalf:

(a) Charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days;

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3 Colo. Rev. Stat. § 13-40-107

(1) A landlord of nonresidential real property or a residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) or a tenant of any property or premises may terminate a periodic tenancy at the end of the tenancy period or elect to not renew a fixed term tenancy at the end of the fixed term by serving written notice that expires at the end of the period or fixed term, based on the length of the applicable tenancy described in subsection (2) of this section.

(2) The written notice described in subsection (1) of this section must be served before the end of the period or fixed term, as follows:

(a) A tenancy for one year or longer, at least ninety-one days;

(b) A tenancy of six months or longer but less than a year, at least twenty-eight days;

(c) A tenancy of one month or longer but less than six months, at least twenty-one days;

(d) A tenancy of one week or longer but less than one month, or a tenancy at will, at least three days;

(e) A tenancy for less than one week, at least one day.

(3) The written notice described in subsection (1) of this section must:

(a) Describe the property and the particular date when the tenancy will terminate; and

(b) Be signed by the landlord or tenant, the party giving such notice, or the landlord’s or tenant’s agent or attorney.

(4) No written notice under subsection (1) of this section is necessary from a tenant with a fixed-term tenancy that is, by agreement, to end at a time certain.

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4 Colo. Rev. Stat. § 38-12-504

(1) 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:

(a) Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety;

(b) Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit;

(c) Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner;

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;

(e) 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

(f) 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.

(2) 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.

(3) Nothing in this section shall be construed to authorize a modification of a landlord’s obligations under this part 5.

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5 Colo. Rev. Stat. § 13-40-104(1)(e)

When a tenant or lessee holds over without permission, contrary to any material condition or covenant of the agreement under which the tenant or lessee holds, and ten days’ notice in writing has been duly served upon the tenant or lessee requiring either compliance with the condition or covenant or the delivery of the possession of the premises; except that, for a nonresidential agreement or an employer-provided housing agreement, three days’ notice is required, and for an exempt residential agreement, five days’ notice is required;

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6 Colo. Rev. Stat. § 13-40-107.5(4)

(a) A tenancy may be terminated at any time on the basis of a substantial violation. The termination is effective three days after service of written notice to terminate tenancy.

(b) The notice to terminate tenancy must describe the property, the particular date when the tenancy will terminate, and the grounds for termination. The notice must be signed by the landlord or by the landlord’s agent or attorney.

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7 Colo. Rev. Stat. § 13-40-107.5(2) & (3)

(2) It is declared to be an implied term of every lease of real property in this state that the tenant shall not commit a substantial violation while in possession of the premises.

(3) As used in this section, “substantial violation” means any act or series of acts by the tenant or any guest or invitee of the tenant that, when considered together:

(a) Occurs on or near the premises and 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) Occurs on or near the premises and constitutes a violent or drug-related felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S.; or

(c) Occurs on the tenant’s leased premises or the common areas, hallway, grounds, parking lot, or other area located in the same building or complex in which the tenant’s leased premises are located and constitutes a criminal act in violation of federal or state law or local ordinance 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 under state law or local ordinance based on a state statute.

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8 Colo. Rev. Stat. § 38-12-510(2) & (3)

(2) A tenant affected by a violation of this section may bring a civil action in a county court or district court of competent jurisdiction 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.

(3) A court may also order that possession be restored to a tenant who was affected by a violation of this section.

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9 Colo. Rev. Stat. § 38-12-510(1)

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.

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10 Colo. Rev. Stat. § 38-12-509(1)

(a) A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant:

(I) Having made a good faith complaint to the landlord, to a nonprofit organization or third party, 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;

(II) Organizing or becoming a member of a tenants’ association or similar organization; or

(III) Exercising or attempting to exercise in good faith any right or remedy afforded to a tenant pursuant to section 38-12-507.

(b) Prohibited retaliation includes:

(I) Increasing rent or decreasing services;

(II) Terminating or not renewing a rental agreement or contract without written consent of the tenant;

(III) Bringing or threatening to bring an action for possession;

(IV) Taking action that in any manner intimidates, threatens, discriminates against, harasses, or retaliates against a tenant; or

(V) Charging the tenant or seeking to collect from the tenant any fee, cost, or penalty.

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11 Colo. Rev. Stat. § 13-40-110(1)(a)

An action under this article 40 is commenced by filing with the court a complaint in writing describing the property with reasonable certainty, the grounds for the recovery thereof, the name of the person in possession or occupancy, a prayer for recovery of possession, and a signed affidavit that states:

(I) The residential tenant receives supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26, and the complainant and residential tenant participated in mandatory mediation and the mediation was unsuccessful;

(II) The complainant and residential tenant did not participate in mandatory mediation because the residential tenant:

(A) Did not disclose or declined to disclose in writing in response to a written inquiry from the complainant that the residential tenant receives supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or

(B) Does not receive supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or

(III) The complainant and residential tenant did not participate in mandatory mediation because the complainant is:

(A) A 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants prior to filing a residential eviction in court; or

(B) A landlord with five or fewer single-family rental homes and no more than five total rental units, including any single-family homes.

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12 Colo. Rev. Stat. § 13-40-110(1)(b) & (1)(d)

(b) Mandatory mediation must be conducted by a trained neutral third party and be provided at no cost to the residential tenant. The landlord is only required to pay for the landlord’s portion of the mandatory mediation. The complainant and residential tenant may have legal representation present during the mandatory mediation. A residential tenant may voluntarily waive the tenant’s right to mandatory mediation, but a waiver must not be in any lease agreement or other agreement between the complainant and residential tenant pursuant to section 38-12-801

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(d) Failure to comply with the mandatory mediation requirements outlined in this subsection (1) is an affirmative defense. If the affirmative defense is raised and the complainant cannot demonstrate that the requirements were met, the court shall dismiss the case without prejudice and a new complaint must be filed.

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13 Colo. Rev. Stat. § 13-40-112(2)

If personal service cannot be had upon the defendant by a person qualified under the Colorado rules of civil procedure to serve process, after having made diligent effort to make such personal service, 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, no later than the next business day following the day on which he or she files the complaint, a copy of the summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.

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14 Arvada Vill. Gardens L.P. v. Garate, No. 23SA34, 9 (Colo. 2023)

A landlord of a property covered by the CARES Act must give thirty days’ notice before filing for FED [i.e., eviction] in Colorado.

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15 Rule 4 - Process, C.r.c.p. 4(d)

Process may be served within the United States or its Territories by any person whose age is eighteen years or older, not a party to the action. Process served in a foreign country shall be according to any internationally agreed means reasonably calculated to give notice, the law of the foreign country, or as directed by the foreign authority or the court if not otherwise prohibited by international agreement.

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16 Colo. Rev. Stat. § 13-40-112(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.

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17 Rule 4 - Process, C.r.c.p. 4(e)(1)

(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…

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18 Colo. Rev. Stat. § 13-40-108

A notice to quit or demand for possession of real property may be served by delivering a copy thereof to the tenant or other person occupying such premises, or by leaving such copy with some person, a member of the tenant’s family above the age of fifteen years, residing on or in charge of the premises, or, in case no one is on the premises at the time service is attempted, by posting such copy in some conspicuous place on the premises.

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19 Colo. Rev. Stat. § 13-40-111(1)

Upon filing the complaint as required in section 13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons must command the defendant to appear before the court at a place named in the summons and at a time and on a day not less than seven days but not more than fourteen days after the day of issuing the same to answer the complaint of plaintiff. A court shall not enter a default judgment for possession before the close of business on the date upon which an appearance is due. The summons must also contain a statement addressed to the defendant stating: “If you do not respond to the landlord’s complaint by filing a written answer with the court on or before the date and time in this summons or appearing in court at the date and time in this summons, the judge may enter a default judgment against you in favor of your landlord for possession. A default judgment for possession means that you will have to move out, and it may mean that you will have to pay money to the landlord. In your answer to the court, you can state why you believe you have a right to remain in the property, whether you admit or deny the landlord’s factual allegations against you, and whether you believe you were given proper notice of the landlord’s reasons for terminating your tenancy before you got this summons.”

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20 Colo. Rev. Stat. § 13-40-113.5(c)(2) & (e)

(c) (II) The court shall not assess, charge, or collect an e-filing fee, service fee, or any other fee associated with the filing of motions, answers, or documents that are filed by a defendant.

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(e) If a pro se defendant files an answer or any other document physically instead of filing electronically through an e-filing system, the court shall timely serve the document on the plaintiff on behalf of the defendant and shall not charge any fee or cost related to the service.

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21 Colo. Rev. Stat. § 13-40-113.5(1)

(1) For a residential action filed in county court pursuant to this article 40:

(a) The court shall allow either party and any witness to choose to appear in person or remotely by phone or video on a platform designated by the court at any return, conference, hearing, trial, or other court proceeding. Either party and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party or witness contacts the court within forty-eight hours of the scheduled appearance, the court has discretion whether to approve the party or witness’s requested change in participation.

(b) A pro se defendant may file an answer electronically through an e-filing system. If either party is pro se, the party may file a motion or other documents, including, but not limited to, evidence, additional documentation, or a motion to waive filing fees, electronically through an e-filing system.

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22 Colo. Rev. Stat. § 13-40-122(1)

(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…

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