Colorado Eviction Laws

This page provides information and guidance on Colorado eviction laws. It outlines the necessary steps for landlords to follow when seeking to regain possession of their rental property. Additionally, the page offers an overview of the tenant’s rights and protections throughout the eviction process. It is a valuable resource for both landlords and tenants to understand the eviction procedures in Colorado and ensure a fair and smooth process.

Reasons for Eviction in Colorado

Effective 4/19/24, Colorado’s HB23-1171 now makes it harder for landlords to end leases and evict tenants. Evictions or non-renewal of leases now must be “for cause”. For cause events include:

• “Squatters” or trespassers
• Nonpayment of rent after receiving proper notice from the landlord
• Substantial violations such as endangering the safety of tenants and/or neighbors, committing violent or drug-related felonies
• Nuisance or disturbances that interfere with landlord or tenant’s quiet enjoyment of the premises
• Damages to the property
• Remaining on site after notice of termination or eviction.

However, in the following “no-fault” instances, Colorado evictions laws permit evictions or non-renewal of leases in the following circumstances:

• Property to be demolished or converted to non-residential or short-term rental
• Substantial repairs need to be made to the premises
  • In this case, former tenants would be given first right of refusal to occupy premises under a new lease
• Landlord or family member to move into premises
• Intent to sell the property
• Tenant refuses to sign reasonable lease to renew property. It is noted that it is important for the landlord to begin negotiations at least 120 days before the lease ends so 90 days’ notice can be given before the lease expires.
• If the tenant is late paying rent more than two times during the lease period, the landlord can choose not to renew the lease and end the lease term.

Notice to Vacate

For failure to pay rent, the landlord must send a 10-day notice to pay or quit. If the tenant does not pay the rent owed within 10 days, the landlord can file an eviction lawsuit (also called forcible entry and detainer (FED) action. A landlord who provides notice in the lease that a 10-day notice requirement does not apply to the rental and owns five or fewer single-family homes can shorten the notice period by serving a 5-day notice to pay rent or quit per Colorado eviction laws.

Notice to Comply

For a lease violation, the landlord must serve a 10-day notice to cure or quit. If the tenant does not fix the problem within 10 days, the landlord can file an eviction lawsuit.

As noted above, landlords whose leases dictate that the 10-day notice period does not apply to their property can shorten the time to five days.

Learn more about the eviction process, including the average cost.

Serving the Tenant

For 3-, 5-, or 10-day notices to quit, the landlord can give a copy to the tenant or any resident over the age of 18. Colorado eviction laws also state they can post a copy in a conspicuous place, such as the front door of the rental.

For an eviction, the sheriff or a private process server must serve the tenant with a copy of the complaint and summons.

Tenant Possessions

In Colorado, any possessions left behind are considered abandoned. The landlord can immediately dispose of the property.

Colorado Eviction Law Timeline

In Colorado, an eviction can take anywhere from seven to 107 days to complete, depending on the complexities of the case and the need for a second hearing. Typically, the entire process takes between 45 and 60 days.

Within one business day of filing a complaint, the landlord must mail copies of the complaint summons and answer (with all exhibits) to the tenant by first-class mail. Additionally, personal service must be made on the tenants of the summons, complaint (with exhibits), and answer. The court clerk will then schedule an initial hearing seven to 14 days after the initial complaint filing.

If the tenant doesn’t appear and doesn’t file an answer at the initial hearing, the court will grant summary judgment to the landlord. If the landlord is able to obtain a summary judgment and the tenant does not vacate the property within 48 hours, the court will issue a Writ of Restitution. The landlord can then contact the county sheriff’s office to execute the Writ, which means the sheriff will escort the tenant off of the property.

If the tenant does appear at the initial hearing and files an answer, but the parties cannot resolve the issues, the tenant may request a jury trial. At trial, both parties will present evidence to support their claim, and the jury will decide the outcome.