Understanding the Eviction Process in Colorado: Expert Guidance
Eviction is often an undesirable last resort for landlords seeking to address lease violations. Given the time, cost, and procedures involved, the process may seem intimidating. But sometimes, eviction is the only way to deal with a serious tenant issue and protect your property investment.
Bottom Line:
Evictions are only successful if you can prove the tenant has violated a provision of the lease agreement or fails to vacate after the proper termination of the lease. If you’re a landlord, following the proper eviction steps is incredibly important.
In this Legal Guide:
When Can I Legally Evict a Tenant?
How to Evict Someone in Colorado
How Closely Do I Have to Follow the Eviction Process in Colorado?
What Are The Most Common Defenses Tenants Give?
How Do I Protect Myself From Bad Tenants?
When Can I Legally Evict a Tenant?
In Colorado, landlords generally cannot evict a tenant – terminate tenancy or demand for possession – unless there is cause for the eviction. C.R.S. 38-12-1303(1) or the lease is properly terminated for a not-for-cause reason.
Generally, the most common reasons landlords pursue evictions are:
non-payment of rent
major lease violations
tenant staying beyond their lease term C.R.S. 13-40-104
Landlords evicting for cause must give 10 days' written notice or 30 days if the property is covered by the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
No-Fault Evictions in Colorado
State law allows residential landlords to initiate a no-fault eviction in limited circumstances, including for:
demolition
substantial repairs or renovations
landlord or family member resuming occupancy
withdrawal from the rental market to sell
Landlords are required to give tenants 91 days’ notice in no-fault evictions. A no-fault eviction cannot be initiated in retaliation of a tenant or to satisfy required remedial repairs concerning a breach of the warranty of habitability. C.R.S. 38-12-1303
Legal Exceptions to ‘For-Cause’ Evictions
In addition to modifying Colorado’s eviction statutes, HB 1098 introduced a series of exceptions to the for-cause eviction mandate. These law changes do not apply to the following:
short-term rentals
single-family homes, duplexes, or triplexes where the owner lives on-site or in an adjacent property
mobile home spaces under a lease-to-own agreement
employer-provided housing
tenants who have lived in the unit for less than 12 months
tenant(s) a landlord doesn’t know about C.R.S. 38-12-1302
If your landlord-tenant agreement falls under one of these exceptions, you will have different rules to follow for notice periods:
at-will tenant: 3 days
month-to-month tenant: 21 days
year-plus tenant: 91 days
How to Evict Someone in Colorado
The eviction process in Colorado involves specific steps that culminate in a judge determining whether a tenant’s actions—or inactions—can result in their right of possession. This is the only way a tenant can be evicted.
To initiate the process, you must issue a demand if planning to evict for cause. This gives the tenant the right to cure. For no-fault evictions, you can issue the tenant a notice.
Step 1: Delivering The Demand or Notice
The type of correspondence you’ll give your tenant depends on what type of rental property you own and why you’re evicting the tenant.
Eviction Notice Period
The notice period to evict varies for tenants based on the type of tenancy, the type of property, and the amount of time they lived there.
The Rules For Apartments and Single-Family Homes
Renters of an apartment must be given a demand for cause unless a legal exception applies. For instance, the homeowner renting lives on or adjacent to the property.
After receiving a proper demand with the right to cure, you can consider if the tenant has done due diligence. If not, you can proceed to the next step of the eviction process.
The Holdover or The Month-to-Month Renter
A notice to terminate tenancy is normally used to terminate a holdover tenancy or a month-to-month lease. This formal document must be given to the tenant within the required notice period.
Tenants who refuse to pay rent can also fall into this category as eligible for cause eviction.
Myth: Tenants Who Stay Longer Automatically Get More Time
Tenants tend to think that longer tenancy equals more time between when they receive the notice and when they have to leave. But that’s not always the case. For instance, a tenant on a month-to-month lease for years will not get years to vacate. They will typically get 21 to 90 days notice depending on whether the property fits into one of the exceptions offered by HB 1098.
The Violent or Disruptive Tenant
You can give them a more specific notice to terminate tenancy for substantial violation. A substantial violation is generally a violent or anti-social act that makes the tenant unsuitable to rent.
Typically, a substantial violation:
occurred on or near the premises
involved something dangerous to a person or – in more limited circumstances – their property
often involves a violent or drug-related felony
Substantial Violations Speed Up The Eviction Process
There is no cure period for a substantial violation. This type of notice only requires three days before the tenancy is terminated. C.R.S. 13-40-107.5
The Renter With an Unauthorized Roommate or Pet
You can give this renter a demand for compliance notice. This warns the tenant their lease will be terminated if they do not comply with the lease terms.
Note: this notice can also be given to the tenant who is behind on rent.
A demand for compliance can be a good option if you’re open to letting the tenant stay. But a demand for compliance can also work in your favor if you’re looking to get the tenant out quickly.
It all depends on how much flexibility you can afford to give.
The Renter Who’s Living in a Foreclosed Property
Give this occupant a demand for possession notice. This notice is specifically for occupants who are living in a property that has been sold following a foreclosure or the death of a former owner whose estate administrator is pursuing the probate process.
Filing an Improper Eviction Notice Will Set You Back
If you choose to evict a tenant and you don’t follow the steps, you’ll lose more money and time because the eviction will likely fail.
For instance, if the notice you serve is legally insufficient or improperly served, you will have to start over. This delay can end up costing you a substantial amount of money.
Step 2: File A Case With The Court
At this point, your tenant has not responded to your demand or notice to terminate tenancy. It’s now time to initiate the formal eviction process by filing your case with the court.
Once you take this step, your tenant will receive a summons informing them of their initial court date and the complaint describing the breach. C.R.S. 13-40-111
Colorado law now allows parties to decide whether to attend a remote eviction hearing or in person. This information is now included in the complaint and answer.
What if My Renter Pays Up After I File?
If you file for an eviction due to nonpayment and the tenant pays the full amount owed before a court signs off on the eviction, you must accept the money. Subsequently, the eviction is dismissed.
Tenants used to have a 10-day “cure” period to resolve outstanding debts, but now the tenant has up until the judge enters a judgment to pay the demanded rent and any other amounts due and owing.
I should also note that you’re only obligated to accept the full amount owed – not partial payments. In fact, accepting a partial payment during the eviction process could force you to start the process over.
Step 3: Learn Renter’s Intent
Within seven to 14 days of filing your eviction case with the court, the tenant will answer your eviction notice. In other words, will they fight the eviction? This occurs at the return appearance, which can now be held virtually if the tenant elects for this option in the complaint.
Eviction Possession Hearing
Depending on your case, you may need to attend an eviction possession hearing. This is really just a step in the process that gives the tenant a chance to be heard by the court. During these hearings, tenants tend to bring up issues about a landlord’s accounting style, warranty of habitability conditions, or claim retaliation.
The eviction possession hearing should occur within a few weeks of the tenant filing an answer to the notice. This timeline can be difficult for county courts to meet, particularly when considering Colorado’s warranty of habitability laws. If your tenant claims something is wrong with the property, you may have to fend off those accusations before undergoing an evidentiary hearing on possession.
Sure, the process is cumbersome. However, knowing the timeline for the eviction process can help you recover your property sooner.
Also, eviction possession hearings can put an eviction on the tenant’s record. This will effectively warn other landlords that there has been an issue with this potential tenant in the past.
Brace For More Jury Trials
In October 2024, the Supreme Court of Colorado weighed in on Mercy Housing Management Group Inc. v. Bermudez, reversing the Denver County Court’s decision to deny a tenant’s request for a jury trial. This decision set a new precedent for county courts. While the lasting impact remains to be seen, landlords should brace themselves for more tenants facing eviction to request a jury trial.
When You Can Expect Your Renter Out
If the court rules in your favor, you must wait at least 48 hours before getting a writ of restitution against the tenant. You take this document to the sheriff to schedule a lockout of the renter. The Writ of Restitution will allow the Sheriff to evict as soon as 10 days after the Court enters a judgment for possession.
Note: You’re a bit at the mercy of the sheriff’s schedule here. So, after your hearing, expect your tenant to be on the property for at least 10 days, if not a few more. The Sheriff has up to 49 days to execute a Writ of Restitution. Sheriffs generally work on a first come, first serve basis - so its important to get the Writ to the Sheriff as soon as possible to ensure that you can get the earliest date possible.
Recovering Money for Damage to Property
If your evicted tenant left the property damaged beyond normal wear and tear, you can request a money judgment from the court. This is an additional court proceeding.
If Your Case Gets Dismissed
It gets worse if your tenant hires an attorney to represent them in court. If the court finds your claim insufficient, you may have to pay your renter’s attorney fees and/or court costs.
How Closely Do I Have to Follow the Eviction Process in Colorado?
The answer is simple: To a T.
Colorado law mandates a defined, multi-step process for eviction. If these steps aren’t followed, the court likely won’t order the tenant to leave. Eviction action dismissals are frustrating and costly. Often, a dismissal means the landlord is back at square one.
Delinquent Tenants Cost Landlords
It’s common for a landlord to use rent money from tenants to pay the property’s mortgage. If the tenant doesn’t pay, the property owner may struggle to keep current on mortgage payments.
Here’s a worst-case scenario you could run into if you fall behind on your property’s mortgage:
You receive a notice in the mail from your loan servicer. It says your loan is in default and you have 30 days to cure it. If you don’t, your lender may ask for the entire amount. If you don’t have the funds, you face foreclosure.
I don’t want this to happen to you.
Here’s how to avoid the worst-case scenario:
ask the tenant to pay the delinquent rent
evict and find a more responsible renter
What are the Most Common Tenant Defenses?
In an eviction proceeding, the tenant has the right to defend against the eviction. If the court determines the renter has not breached the lease or been afforded due process, it will not evict them.
Here’s an example of a scenario where the tenant fights the eviction:
Let’s say you discover, much to your surprise, that your tenant has a dog. Because you didn’t authorize this, you decide to seek an eviction. But in court, the renter is able to provide suitable evidence from the lease agreement that you permit pets.
In such an instance, the court might find the landlord’s stated reason to evict was not a breach of the lease agreement and that the renter has the right to stay. C.R.S. 13-40-116
The Discrimination Defense
A recent ruling by the Colorado Supreme Court will likely make it more difficult for landlords to evict tenants. The court’s decision in Miller v. Amos gives credibility to tenants using discrimination or retaliation as a defense in eviction cases, specifically concerning the Colorado Housing and Finance Authority (CHFA).
The court held that a tenant can assert a landlord’s alleged violation of the CFHA as an affirmative defense to an FED eviction. The court noted that the purpose of the CFHA is to prevent discriminatory practices. Therefore, a tenant must be able to use it as a shield against a discriminatory eviction.
“In our view, a landlord’s violation of the CFHA – an unfair housing practice – raises significant equitable concerns. The General Assembly’s primary purpose in enacting the CFHA is turned on its head if a landlord is simultaneously prohibited from and allowed to engage in a discriminatory or retaliatory eviction.”
The Health-And-Safety Defense
Regardless of settling any rental debts, the court will consider this a valid argument. This didn’t used to be the case, but it is now.
Don’t let this happen to you.
How Do I Protect Myself From Bad Tenants?
Here are a few ways to help ensure your rental property investment doesn’t become a financial nightmare.
Require a Written Application
Make sure the application is completed and signed.
Charge an Application Fee to Cover Your Costs
Professional property managers require one. So should you! While you cannot charge an application fee beyond what you spend, there is no reason those costs should come out of your pocket!
Note: If the tenant comes with the portable screening report, the landlord cannot charge a tenant for an application fee unless they fit into one of the exceptions listed above.
Check References
If the best reference the potential renter can provide is mom, well, that can be a red flag.
Run a Background Check
The inquiry should include bankruptcy, criminal, rental history, and credit.
Don’t Rush It
A tenant who brings a U-Haul to the property showing is also a red flag, and is unlikely to be a good renter.
Demand the Full Deposit
Don’t give away the keys to the property until you’ve been paid.
Do Due Diligence
Check the applicant’s photo ID against their application.
Call the Previous Landlord
This is the most important thing you can do to protect yourself against a bad tenant.
Hire an Eviction Lawyer
Don’t try to evict a renter without following the steps outlined in Colorado’s legal process. If you do, your attempt to remove the problematic renter will fail, costing you thousands of dollars in litigation and judgments.
Robinson & Henry, P.C. has years of experience handling landlord-tenant matters, including evictions, leasing, screening, and property management. Call 303-688-0944 to begin your case assessment now.
