Eviction Process In Colorado

Evicting a tenant in Colorado means following Forcible Entry and Detainer (FED) action in County Court (District Court also has jurisdiction) exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Colorado's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Colorado evictions are Forcible Entry and Detainer actions under C.R.S. Title 13, Article 40 (§§ 13-40-101 et seq.). District courts and county courts share jurisdiction as set by statute, with venue in the county where the property sits.

• Colorado's forcible entry and detainer statute is codified at C.R.S. §§ 13-40-101 through 13-40-128. (C.R.S. §§ 13-40-101 to 13-40-128)
• Forcible entry into, and forcible detention of, real property are both independently prohibited by statute, underscoring that removal must go through the courts. (C.R.S. §§ 13-40-102, 13-40-103)

Lawful Grounds For Eviction

C.R.S. § 13-40-104 lists holdover after nonpayment, holdover after breach of a material lease condition, a "substantial violation," a completed no-fault eviction under the residential tenant-protection statute, and nuisance/disturbance affecting the landlord or other tenants, among others.

• A tenant who holds over without permission after defaulting on rent, following the required written notice, has committed unlawful detention. (C.R.S. § 13-40-104(1)(d))
• A tenant who holds over contrary to a material condition or covenant of the lease, after the required notice, has committed unlawful detention. (C.R.S. § 13-40-104(1)(e))
• A tenant who holds over and maintains possession of residential premises after the landlord has properly completed a no-fault eviction under C.R.S. § 38-12-1303(3) has committed unlawful detention. (C.R.S. § 13-40-104(1)(e.8))
• A tenant who, after the required notice, holds over following conduct that disturbs others, causes a nuisance interfering with the landlord's or another tenant's quiet enjoyment, or negligently damages the unit, has committed unlawful detention; the lawful exercise of a tenant's legal rights cannot itself count as such interference, and a domestic-violence victim's conduct is exempted. (C.R.S. § 13-40-104(1)(j))

Notice Requirements

The standard residential notice period is 10 days for both nonpayment and lease-violation grounds, with shorter 3-day (nonresidential/employer housing) and 5-day ("exempt residential," small landlords) alternatives; every notice must be in writing, describe the grounds, and be in the tenant's primary language if known to the landlord.

• For nonpayment, the standard residential notice period is 10 days; a nonresidential or employer-provided-housing agreement requires only 3 days, and an "exempt residential agreement" (a landlord who owns five or fewer single-family rental homes, if the lease says so) requires 5 days. (C.R.S. § 13-40-104(1)(d))
• For a material lease violation, the same 10-day/3-day/5-day notice structure applies depending on the type of tenancy. (C.R.S. § 13-40-104(1)(e))
• Every notice or demand must be in writing, specify the grounds for possession (including a specific description of the alleged violation or no-fault grounds), describe the premises, state the date and time possession is due, and be written in English, Spanish, or another language the landlord knows or has reason to know is the tenant's primary language. (C.R.S. § 13-40-106)
• The notice must also state that a residential tenant receiving SSI, SSDI, or Colorado Works cash assistance has a right to mediation before the landlord files an eviction complaint. (C.R.S. § 13-40-106(2))
• Terminating a periodic or fixed-term tenancy without cause requires written notice served before the end of the period: at least 91 days for a tenancy of one year or longer, 28 days for six months to a year, and 21 days for one month to six months. (C.R.S. § 13-40-107)

Filing The Case

The action is commenced under § 13-40-110 and the clerk (or plaintiff's attorney) then issues a summons.

• An FED action is commenced by filing a complaint as provided in C.R.S. § 13-40-110, after which the clerk of the court or the plaintiff's attorney issues a summons. (C.R.S. §§ 13-40-110, 13-40-111)

Serving The Tenant

Personal service is standard; if diligent efforts fail, posting on the premises plus next-business-day mail is allowed. Service must occur at least 7 days before the appearance date in the summons.

• The summons may be served by personal service as in any civil action, with a copy of the complaint served alongside it. (C.R.S. § 13-40-112(1))
• If personal service cannot be achieved after diligent effort, service may be made by posting a copy of the summons and complaint conspicuously on the premises, with a copy also mailed first-class no later than the next business day after filing. (C.R.S. § 13-40-112(2))
• Personal service or service by posting must occur at least seven days before the appearance date specified in the summons. (C.R.S. § 13-40-112(3))

The Tenant's Response

A written Answer is due at or before the appearance date in the summons; after an Answer is filed, trial is normally set 7-10 days later.

• The tenant must file a written Answer at or before the day specified for appearance in the summons, admitting or denying the complaint's material allegations and stating every defense the tenant intends to rely on. (C.R.S. § 13-40-113(1))
• A tenant may raise, as an affirmative defense, that the landlord violated the state's source-of-income / rental-assistance discrimination provisions. (C.R.S. § 13-40-113(2.5))
• After an Answer is filed, the court sets trial no sooner than 7 and no more than 10 days later, unless the tenant waives that timing or the court finds good cause to extend it; this timing requirement does not apply to a substantial-violation filing. (C.R.S. § 13-40-113(4)(a))

Hearing And Judgment

If the court finds unlawful detainer, it enters judgment for restitution of the premises and may issue a writ of restitution; the prevailing party recovers damages and costs, with attorney's fees available only if the lease provides for them.

• Upon trial, if the court finds the defendant committed unlawful detainer, it enters judgment for the plaintiff for restitution of the premises and issues a writ of restitution. (C.R.S. § 13-40-115)
• The prevailing party recovers damages, reasonable attorney's fees, and costs; but a residential landlord or tenant may recover attorney's fees only if the rental agreement itself provides for either side to obtain them. (C.R.S. § 13-40-123)

The Writ And Lockout

A writ of restitution cannot issue until 48 hours after judgment, and generally cannot be executed for at least 10 days after judgment (30 days for tenants on SSI/SSDI/Colorado Works, with exceptions). The county sheriff's office executes it, must inspect for pets, and the landlord has no duty to store removed belongings beyond charging reasonable storage costs.

• A court may not issue a writ of restitution until 48 hours after judgment; if the tenant receives SSI, SSDI, or Colorado Works cash assistance, the writ must specify it is not executable for 30 days after judgment (except for a substantial-violation judgment or a landlord with five or fewer rental units). (C.R.S. § 13-40-122(1)(a))
• A writ of restitution must be executed only in daytime, between sunrise and sunset, and generally not until at least 10 days after judgment for a residential tenancy (30 days for the SSI/SSDI/Colorado Works exception noted above). (C.R.S. § 13-40-122(1)(b))
• The writ is executed by the county sheriff's office (sheriff, undersheriff, or deputy sheriff) for the county where the property is located. (C.R.S. § 13-40-122(1)(c))
• The executing officer must immediately inspect for pet animals during the writ's execution: pets are given to the tenant if present, or the local animal-control authority is contacted if the tenant is absent; no pet may be left unattended on public or private property. (C.R.S. § 13-40-122(2.5))
• A landlord has no duty to store, inventory, or determine ownership of a tenant's personal property removed during or after execution of the writ, and is immune from liability for loss or damage to it; if the landlord elects to store the property, it may charge the tenant the reasonable costs of storage. (C.R.S. § 13-40-122(3), (4))

Prohibited Practices

Colorado's forcible-entry-and-detainer statute itself makes it unlawful to enter or forcibly detain real property outside the court process, which is the mechanism that bars landlord self-help.

• No person shall make a forcible entry into real property, and no person who has peaceably entered may forcibly detain it against the person entitled to possession; removal instead requires the judicial FED process and writ of restitution described above. (C.R.S. §§ 13-40-102, 13-40-103)

Recent Changes Worth Tracking

• HB 24-1098, effective April 19, 2024, amended C.R.S. § 13-40-104 to add the no-fault-eviction holdover ground (now (1)(e.8)) and the nuisance/disturbance ground (now (1)(j)), among other changes. (HB 24-1098 (2024), amending C.R.S. § 13-40-104)
• HB 23-1120, effective June 6, 2023, amended C.R.S. § 13-40-106 (written-demand content requirements) and C.R.S. § 13-40-122 (writ of restitution timing). (HB 23-1120 (2023), amending C.R.S. §§ 13-40-106, 13-40-122)
• HB 23-1186, effective January 1, 2024 (with a further amendment by HB 24-1099 effective November 1, 2024), added C.R.S. § 13-40-113.5, guaranteeing remote-participation and e-filing rights for residential tenants in county court eviction cases. (HB 23-1186 (2023) / HB 24-1099 (2024), adding/amending C.R.S. § 13-40-113.5)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Colorado property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Colorado attorney, and confirm the current text of any rule cited above with County Court (District Court also has jurisdiction) or the Colorado legislature.

Sources

Every fact above is drawn from one of the official sources below.

• C.R.S. §§ 13-40-101 to 13-40-128, Colorado Revised Statutes 2024, Colorado General Assembly Office of Legislative Legal Services (official)