Colorado Eviction Process

Colorado Eviction Process

Last Updated: December 6, 2023 by Phil Ahn

Evicting a tenant in Colorado can take around 2 weeks to 4 months, depending on the reason for eviction and whether the tenant contests it.

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
  • Committing illegal activity

Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.

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

All Tenancies

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

All Tenancies

3 Days No

Nonpayment of Rent

In Colorado, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a notice to quit, which allows the tenant to pay the balance due or move out.

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, 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 month and is considered late in Colorado the day immediately after its due date. Colorado landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.

If the tenant does not pay the balance due or move out of the premises by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

example

If rent is due on September 1st, it will be considered late starting on September 2nd, unless the lease specifically states there is a grace period.

End of Lease or No Lease

In Colorado, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). Landlords must first terminate the tenancy by giving the tenant a 21-day notice to move out.

If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

Lease Violations

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. Landlords must first deliver a notice to comply or vacate, which allows the tenant to fix the issue or move out.

Lease violations include:

  • Not complying with all building, health, and housing codes
  • Using all facilities and appliances in an unreasonable manner
  • Disturbing the neighbors’ peaceful enjoyment of the premises
  • Failing to repair and maintain the premises
  • Causing minor property damage (i.e. small holes in the sheetrock or missing blinds)

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, 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.

If the tenant causes substantial property damage, the landlord can terminate the tenancy by serving a 3-day notice to vacate.

        Illegal Activity

        In Colorado, a landlord can evict a tenant who engages in illegal activity on the premises. To do so, the landlord must first serve a 3 days’ notice to vacate for all types of housing. The tenant does not have the option to fix the issue and must move out of the rental unit.

        In Colorado, illegal activities include:

        • Committing violent or drug-related felonies
        • Endangering or physically harming the landlord or other persons
        • Causing substantial damage or destruction to the premises or another person’s property
        • Engaging in criminal acts that violate local, state or federal law

        If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.

        Illegal Evictions in Colorado

        In Colorado, there are a few different types of eviction actions that are illegal. 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.

        “Self-Help” Evictions

        A landlord is not allowed to attempt 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.

        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 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

        Read More

        Eviction notice posted on iPropertyManagement.com

        Steps of the eviction process in Colorado:

        1. Landlord serves tenant with written notice of violations
        2. Landlord files a complaint with the court due to unresolved violations
        3. Court holds hearing and issues judgment
        4. Writ of restitution is issued
        5. Possession of property is returned to landlord

        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:

        1. Handing the notice to the tenant in person
        2. Handing the notice to a person, over the age of 15, that resides in the rental unit
        3. Posting the notice in a conspicuous place on the premises, such as the entry door
        tip

        Landlords should 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 can serve them a 3-Day Notice to Quit. This notice gives the tenant 3 days to pay the entire balance due or vacate the premises.

        5-Day Notice to Quit

        In Colorado, if a tenant resides in an exempt rental property and is late on paying rent (full or partial), the landlord must give them a 5-Day Notice to Quit. This notice gives the tenant 5 days to pay the entire balance due or vacate the premises.

        note

        Landlords have an exempt rental propertyif they lease single family homes and have 5 or fewer rental properties.

        10-Day Notice to Quit

        In Colorado, if a tenant (who does not reside in 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 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 days to move out.

        However, depending on the length of tenancy, the amount of notice differs.

        Lease Length Notice Amount
        Less than 1 week 1 Day
        Greater than a week & less than 1 month 3 Days
        Greater than 1 month & less than 6 months 21 Days
        Greater than 6 months & less than 1 year 28 Days
        Greater than 1 year 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 days to fix the issue or move out.

        5-Day Notice to Comply or Vacate

        In Colorado, if a tenant resides in an exempt rental property and 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 days to fix the issue or move out.

        10-Day Notice to Comply or Vacate

        In Colorado, if a tenant (who does not reside in 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 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 days to move out without the chance to fix the issue.

        Eviction Complaint Filed on iPropertyManagement.com

        Step 2: Landlord Files Lawsuit with Court

        If the notice period ends and the tenant remains on the property, the next step in the eviction process allows the landlord to file a complaint and summons with the court. The proper jurisdiction will be in the county in which the property is located.

        The summons and complaint must be served on the tenant by anyonewho is 18 years or older, who isn’t part of the case at least 7 days prior to the eviction hearing through one of the following methods:

        1. Giving a copy to the tenant in person
        2. Leaving a copy with the tenant’s family member over the age of 18
        3. Leaving a copy with the tenant’s supervisor, secretary, administrative assistant, bookkeeper, managing agent, or HR representative
        4. Posting a copy in a conspicuous place on the rental property AND mailing a copy to the tenant via first class mail.
        note

        The summons and complaint must be served on the tenant at least 7 days prior to the eviction hearing.

        Eviction Court Hearing on iPropertyManagement.com

        Step 3: Court Holds Hearing and 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 does not 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 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.

        note

        The initial hearing will be held 7-14 days after the date the summons is issued. If the tenant files an answer, a follow-up hearing will be held, which will add more time to the process.

        Eviction Writ of Restitution on iPropertyManagement.com

        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.

        note

        The writ of restitution cannot be issued until 48 hours after the court has entered an order in the landlord’s favor.

        Eviction property possession returned on iPropertyManagement.com

        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.

        note

        Eviction of a tenant may take up to a few hours to a few days, depending on how quickly the landlord is able to schedule the eviction with the sheriff’s office.

        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

        Colorado Eviction Process Flowchart on iPropertyManagement.com

        Colorado Eviction 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.

        Fee County
        Initial Court Filing $85+
        Summons Service ~$35+
        Writ of Restitution Execution $200+
        Answer Filing (Optional) $80+
        Answer & Counterclaim Filing (Optional) $84+
        Jury Demand Filing (Optional) $98

        Read more

        Sources