Outline of the Eviction Process in Colorado

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • No-fault eviction (e.g., landlord wants to sell, occupy, or renovate).
• Laws: Colo. Rev. Stat. § 13-40-101 to § 13-40-127 (Forcible Entry and Detainer); § 38-12-101 to § 38-12-1409 (Landlord-Tenant Act).

2. Notice to Quit

• Written Notice to Quit or Demand for Compliance served:
  • Non-payment: 10-day notice to pay or vacate.
  • Lease violation: 10-day notice to cure or vacate (if curable).
  • Month-to-month: 91-day notice (30-day for less than 6 months; 60-day for 6–12 months).
  • No-fault/end of lease: 91-day notice (e.g., owner occupancy).
  • Illegal activity or repeat violation: 5-day notice (no cure).
• Delivery: Hand-delivered, posted with mailed copy, or mailed (certified mail).
• Tenant can cure by paying rent or fixing violation (within 10 days).

3. Filing the Eviction Case

• File Forcible Entry and Detainer (FED) in County Court.
• Documents: Complaint (Form JDF 99), summons (Form JDF 100), Notice to Quit, lease, proof of service.
• Fee: ~$85–$135 (varies by county).
• Timing: After notice period expires (e.g., 11th day for 10-day notice).

4. Serving the Summons and Complaint

• Sheriff, process server, or disinterested party serves papers 7 days before return date.
• Methods: Personal delivery, left with resident, or posted and mailed.
• Tenant must file Answer (Form JDF 98) or appear by return date.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Restitution if landlord wins.
• Appeal: 7 days (requires bond).
• Writ issued: ~2–10 days post-judgment; sheriff serves 48-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Colo. Rev. Stat. § 13-40-122.

8. Tenant Protections

• Rights:
  • Cure violations (10 days), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties up to 3 months’ rent or damages).
  • Local just-cause ordinances in some cities.
• Resources:
  • Colorado Legal Services (303-837-1313), coloradolegalservices.org, coloradohousingconnects.org.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Colo. Rev. Stat. § 13-40-101 to § 13-40-127, § 38-12-101 to § 38-12-1409; courts.state.co.us; coloradolegalservices.org.