Evicting a tenant in Colorado is a process that must strictly adhere to state and local laws to protect the rights of both landlords and tenants. Whether you’re dealing with non-payment of rent, lease violations, or another reason, it’s crucial to follow Colorado’s eviction laws to avoid unnecessary delays or legal challenges. Here, we’ll explain landlords’ key steps to ensure a legal eviction.
Step 1: Understand the Grounds for Eviction
Before starting eviction, ensure you have valid legal grounds to evict a tenant under C.R.S. 13-40-104. In Colorado, common reasons include:
- Non-payment of rent: The tenant has failed to pay rent as agreed.
- Lease violations: This could consist of unauthorized pets, excessive noise, illegal activity, or property damage.
- Lease expiration without renewal: If the lease term has ended and the tenant has not moved out.
- No-cause eviction (for month-to-month tenancies): Landlords may terminate a month-to-month lease without cause by giving proper notice.
Colorado law prohibits evictions based on discrimination, retaliation, or other unlawful reasons. Landlords must comply with the Colorado Residential Landlord and Tenant Act (CRLTA) to ensure their actions are lawful.
Step 2: Provide Written Notice
The first formal step in eviction is giving the tenant a written notice to vacate. The type of notice required depends on the reason for eviction:
- Demand for Compliance or Possession (10-Day Notice)
If the tenant has violated the lease (e.g., by failing to pay rent), the landlord must serve a 10-day notice to correct the violation or vacate the property. - Notice to Quit (for No-Cause Evictions)
For month-to-month tenancies, landlords must provide written notice to terminate the lease. In Colorado, the required notice period depends on how long the tenant has lived on the property:- 1-6 months: 21 days’ notice
- 6-12 months: 28 days’ notice
- 12+ months: 91 days’ notice
The notice must be written and include the reasons for eviction, the timeline for compliance, and the consequences of failing to comply.
Step 3: File an Eviction Lawsuit (Unlawful Detainer)
If the tenant does not comply with the notice to vacate or correct the violation, the landlord must file an eviction lawsuit, also known as an unlawful detainer action, in the county court where the property is located. Colorado law prohibits landlords from attempting to evict tenants through self-help measures, such as changing locks or removing a tenant’s belongings. These actions are illegal and can result in significant legal penalties.
To file an eviction lawsuit, landlords must submit the following documents to the court:
- Complaint: This outlines the reasons for eviction.
- Summons: This notifies the lawsuit’s tenant and the court hearing date.
After filing, the landlord must serve the tenant with a copy of the summons and complaint through a process server, sheriff, or another qualified individual.
Step 4: Attend the Court Hearing
Once the tenant is served, they can respond to the complaint. The court will schedule a hearing, and both parties will have the chance to present evidence and arguments.
Landlords should bring all relevant documentation to court, including:
- The lease agreement
- Copies of the eviction notice
- Proof of unpaid rent (if applicable)
- Evidence of lease violations, such as photos, videos, or witness statements
If the court rules in favor of the landlord, they will issue a judgment for possession, which legally allows the landlord to reclaim the property.
Step 5: Obtain a Writ of Restitution
After the judgment, the landlord must obtain a writ of restitution, which authorizes law enforcement to remove the tenant from the property. In Colorado, the writ of restitution can be issued 48 hours after the court judgment.
The local sheriff will schedule a time to execute the writ and ensure the tenant vacates the property. Landlords should not attempt to remove tenants, as this could lead to legal repercussions.
Step 6: Reclaim Your Property
Once the sheriff has enforced the writ of restitution, the landlord can legally reclaim possession of the property. If the tenant has left behind personal belongings, Colorado law requires landlords to store the items and provide written notice to the tenant. The tenant then has a set period to claim their belongings before the landlord can dispose of them.
Common Mistakes to Avoid During the Eviction Process
- Skipping Written Notice: Proper notice is a legal requirement, and failing to provide it can invalidate the eviction.
- Self-Help Evictions: Changing locks, shutting utilities, or forcing a tenant out without court approval is illegal.
- Improper Service of Notice: Notices and court documents must be served according to Colorado law.
- Insufficient Evidence: Landlords must be prepared to prove the grounds for eviction in court.
By following the proper procedures and avoiding common pitfalls, landlords can navigate eviction while remaining compliant with Colorado law.
Legal Support for Colorado Landlords
Evictions can be legally and emotionally complex, especially when disputes arise. Landlords must understand their rights and obligations under the law to avoid costly delays or legal liabilities. At Baker Law Group, we assist landlords across Colorado with legal issues related to eviction, lease disputes, and property management.
Contact a Denver Landlord Lawyer
If you’re a landlord in Colorado dealing with eviction or other rental property issues, Baker Law Group is here to help. Our team provides expert guidance to ensure your rights are protected and the eviction process runs smoothly.
Contact Baker Law Group today to schedule a consultation with an experienced Denver landlord lawyer. Let us help you confidently navigate your legal challenges.
