Aurora, Colorado - Tenant Eviction Process
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Explanation / Colorado - Tenant Eviction Process
Colorado evictions can be a lengthy process that if not done within the specific confines of the Colorado Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - Colorado Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - Colorado Tenant Eviction Notices & Landlord Forms.
If you have any questions about the Colorado Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Aurora Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Aurora Eviction Attorney Donald C. Eby today to discuss your case.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
COLORADO EVICTION PROCESS
The eviction process, legally referred to as “Forcible Entry and Detainer,” generally takes several weeks, and may take significantly longer depending on the type of tenancy established. In Colorado, a landlord may not forcibly remove a tenant and must follow the legal process in order to regain possession of the leased or rented property.
Notice to Quit or Demand for Rent/Compliance or Possession?
Normally the first step in the eviction procedure is to serve the tenant with either a notice to quit or a demand for rent or possession.
A notice to quit is appropriate when terminating a tenancy at the end of a lease term, or when the tenant is considered a “tenant at will”. The minimum length of time allowed under the notice to quit will depend on the length of the tenancy. These time limits are defined under C.R.S. § 13-40-107. Additionally, a 3-day notice to quit is appropriate when the tenant has committed a “substantial violation” as defined by C.R.S. § 13-40-107.5. The notice to quit should identify the tenants, identify the property including county and zip code, and describe both the date and time of day at which the tenant must surrender possession of the premises. The notice must be signed by the person claiming the right to possession, his agent or attorney.
A demand for rent/compliance or possession, on the other hand, is appropriate when terminating a lease before the end of the lease term, based upon failure to pay rent or a violation of some other term in a lease agreement. Generally, in residential leases, the demand must grant the tenant 10 days to pay past due rent and/or comply with the terms of the lease. However, this time frame may differ under certain facts, and specific time requirements are laid out in C.R.S. § 13-40-104. Demands should identify the tenants, identify the property including county and zip code, and describe both the date and time of day at which the tenant must comply or surrender possession of the premises. Unlike the notice to quit, a demand must also specify the grounds for the demand and indicate how compliance can be achieved. The demand must be signed by the person claiming the right to possession, his agent or attorney.
Serving the Notice or Demand
If you do not complete this step correctly, you will not be successful in evicting the tenant. You may deliver or "serve" the tenant in one of the following manners: by physically handing the notice to the tenant, setting the documents down in front of the tenant if he or she refuses to accept the documents, leaving the notice with a family member who is 16 or older at the premises, or posting the notice in a conspicuous place on the premises (such as the front door).
Summons and Complaint
Next, if the tenant fails to comply with the notice or demand, on the day following the expiration of the notice or demand, the landlord can file a summons and complaint in the local county court. The complaint must describe the property at issue, the name of the renter, and the reason for eviction. In addition, the complaint should include the amount of rent due, the rate at which it is accruing, and the amount of any damages. When these documents are filed with the county clerk, he or she will determine the response date which is a court date and will be between seven and fourteen days in the future. Then, the tenant must be served with a copy of the summons, complaint, and a blank answer no less than seven days before the date which the tenant must appear and/or file an answer to the complaint.
Tenant Fails to Answer
If the tenant fails to answer the complaint, the court will likely enter a default judgment for possession against the tenant. If the tenant does not leave within 48-hours of the court ordering a Possession Judgment, you need to go back to the court and apply for a Writ of Restitution. Once the court approves your Writ of Restitution, you must contact the Sheriff's Office to "execute" the Writ, which means physically removing the tenant.
Tenant Answers
If the Tenant files an answer, the court will set a trial date, usually within seven days. On the day of trial, the landlord should bring evidence to prove his or her case. This evidence should include the lease, a copy of the notice or demand, and proof that it was properly served. At the trial both sides will have an opportunity to present evidence in accordance with the Colorado Rules of Evidence. If the landlord prevails the court will order the eviction and the renter must vacate within 48-hours or he/she can be forcefully removed by the sheriff.
Collecting Back Rent and Damages
If the summons and complaint were properly served the landlord may elect to pursue collecting back rent and payment for damages.
Individual facts and circumstances may alter the normal process. To learn more about the process and your rights under the law, contact Donald C. Eby, Esq. at (303) 688-0944.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.