What is the eviction process in Colorado?
1. Statutory Framework. Colorado eviction is a Forcible Entry and Detainer (FED) action under C.R.S. §§ 13-40-101 to 13-40-123, with the Warranty of Habitability at C.R.S. § 38-12-503 and just-cause at C.R.S. § 38-12-1303 (effective April 19, 2024).
2. Pre-Filing Notice. Nonpayment requires a 10-day Demand for Compliance or Possession (C.R.S. § 13-40-104(1)(d)) - landlords with 5+ rental properties may not charge late fees until 7 days after rent is due. Substantial lease violations require a 10-day cure notice. Repeat violations within 6 months allow a 5-day unconditional notice. No-cause termination of a residential tenancy requires "just cause" under HB 24-1098; for unprotected tenancies, periodic notice is 91 days (year+), 28 days (1 mo-6 mo), or 7 days (under 1 month) per C.R.S. § 13-40-107.
3. Filing the Complaint. File the Complaint and Summons in Forcible Entry and Detainer in county court where the property is located. Filing fee is approximately $97-$100.
4. Tenant Answer / Default. Tenant must appear at the first appearance date set 7-14 days after service. Written answer due at or before first appearance.
5. Hearing. Court holds first appearance then trial if contested (within 7-10 days). Defenses include warranty of habitability (C.R.S. § 38-12-503), retaliation (C.R.S. § 38-12-509), source-of-income (C.R.S. § 24-34-502.2), and federal Fair Housing Act discrimination.
6. Writ of Possession. Writ of restitution issues after 10 days from judgment under C.R.S. § 13-40-122 (extended from 48 hours by HB 23-1095). Sheriff executes the writ.
7. Self-Help Prohibition. C.R.S. § 38-12-510 prohibits self-help eviction; tenants may recover possession plus actual damages, statutory penalty, and reasonable attorney's fees.
8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.
9. Just-Cause. HB 24-1098 (C.R.S. § 38-12-1303) requires just cause for non-renewal of most residential leases; covered grounds include nonpayment, lease breach, no-fault grounds (owner move-in, sale, withdrawal from rental market) with relocation assistance.
This is legal information, not legal advice.
- Just-cause exemption or no-fault grounds (sale, owner move-in) are disputed
- Mobile home park eviction under C.R.S. § 38-12-200.1 et seq.
- Tenant has a documented warranty of habitability counterclaim
- C.R.S. §§ 13-40-101 et seq.
- C.R.S. § 38-12-503
- C.R.S. § 38-12-1303
- 15 U.S.C. § 9058
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.