Posted in Blog  
  on Oct 15, 2015

What is the Eviction Process in Colorado

The eviction process in Colorado begins with the recognition that a tenant has violated the terms and conditions of their lease. The most common cause for this is non-payment of rent, but any lease violation qualifies. Depending on the violation, here is the process that must be followed.

1. Tenants Must Be Given Notice That They Are Out Of Compliance.

All lease violations in Colorado qualify for a 72 hour notice. This is referred to as a 3 day demand notice or compliance letter. This notice must specifically state the violation, when compliance with the lease is required, and what needs to be done to rectify the situation.

2. Violations Of Health, Safety, Or That Are Of a Criminal Nature Have No Right To Cure.

If tenants have a substantial violation of their rental agreement, then a landlord does not need to give the tenant a chance to fix the situation. They can demand that the tenants leave at the end of the notice period.

3. Month-To-Month Leases Allow For a 10 Day Notice.

If a landlord does not wish to renew a month-to-month rental agreement, then they can send a tenant a 10 day notice that terminates the agreement. The tenant must then find a new place to live or face the eviction process. If there is a specific termination date on a lease, then no notice is required at all.

4. Landlords Must File a Summons And Complaint.

Most eviction hearings are held within 10 days of the initial filing by the landlord. This includes a filing fee that must be paid by the tenant. If the tenant does not provide an answer to the court, they will face a default judgment for the eviction Tenants can request a court or jury trial. If all filings are completed on time, then a final hearing will happen.

 

5. A Writ Of Restitution Can Be Obtained The Same Day As a Judgment.

Landlords can receive a writ of restitution on the same day they receive an eviction judgment. Some law enforcement offices will give tenants 24 hours to leave, but others may not. Tenants have active defenses against an eviction involving health and safety matters, but landlords must have received a similar 3 day notice regarding this situation.

For specific answers regarding your unique situation, be sure to consult with an attorney in Colorado regarding your landlord-tenant relationship to see what outcomes are available to you.


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