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What is the eviction process in Colorado?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Colorado eviction (Forcible Entry and Detainer or "FED") is governed by C.R.S. § 13-40-101 et seq., as recently amended by HB 21-1121 and subsequent legislation.

1. Notice

  • Nonpayment: 10-day demand for payment or possession (C.R.S. § 13-40-104(1)(d)) — extended from 3 days. Tenant may cure by paying within 10 days. (Exempt small landlords still get 5 days.)
  • Substantial violation: 3-day notice for serious or repeated violations involving violence, drugs, or weapons (C.R.S. § 13-40-107.5).
  • Other lease breach: 10-day notice to cure (§ 13-40-104(1)(e.5)).
  • No-cause termination of month-to-month: 21 days (C.R.S. § 13-40-107(d) for month-to-month).
  • Year-to-year: 91 days (§ 13-40-107(a)).

    • 2. Filing the FED Complaint

    Landlord files Form JDF 99 (Complaint in Forcible Entry & Detainer) in County Court of the county where the property sits. Filing fee is approximately $97.

    3. Service

    Sheriff or process server serves the summons. Service must be at least 7 days before the return date.

    4. Return Date

    Return date is set 7-14 days after filing. Tenant must appear and file an answer (oral or written). If tenant fails to appear, default judgment is entered.

    5. Trial

    If tenant appears and contests, court sets trial within 7-14 days. Either party may demand a jury.

    6. Judgment and Writ of Restitution

    If landlord wins, court enters judgment. Writ of restitution does not issue until 48 hours after judgment (C.R.S. § 13-40-122).

    7. Sheriff Lockout

    Sheriff must execute writ within 45 days. Sheriff posts at least 48 hours notice and conducts move-out, with tenant's belongings placed at the curb or stored.

    8. Tenant Defenses

    Warranty of habitability with rent abatement (C.R.S. § 38-12-505), retaliation (C.R.S. § 38-12-509), illegal lockout, security deposit violations (C.R.S. § 38-12-103), and improper notice.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You receive a 3-day substantial violation notice
    • Property has serious habitability defects
    • Landlord locked you out without court order
    Related Statutes & Laws
    • C.R.S. § 13-40-104
    • C.R.S. § 13-40-107
    • C.R.S. § 13-40-122
    • C.R.S. § 38-12-505
    • C.R.S. § 38-12-509

    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.