Colorado Eviction Process

This page provides information and guidance on the eviction process in the state of Colorado. 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

• Failure to pay rent
• Violation of a lease agreement clause
• The tenant commits a serious act, such as crime or violence toward another resident

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 amount owed within 10 days, the landlord can file an eviction lawsuit (also called 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 five-day notice to pay rent or quit.

For a substantial lease violation such as violence or drug-related felonies, landlords can serve a three-day notice to quit. If the tenant does not move out in 3 days, the landlord can file an eviction lawsuit.

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 three, five, or 10-day notices to quit, the landlord can give a copy to the tenant or anyone resident over the age of 18. They can also post a copy in a conspicuous place, such as the front door of the rental.

For an eviction, a copy of the complaint and summons must be served to the tenant by the sheriff or a private process server.

Tenant Possessions

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

Eviction Timeline

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