Colorado Eviction Process

Sources

1 CO Rev Stat §13-40-104 (2020)

(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)

(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)

(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)

(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)

(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)

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)

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)

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)

(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)

(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)

(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)

(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)

(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)

(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

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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16 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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17 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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18 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.

…

(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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19 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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20 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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