⛰️ Colorado Eviction Process
Step-by-Step Guide to Colorado Evictions — Demand Notices, County Court Filing, Hearings & Writ of Restitution
⚖️ Updated • Colorado C.R.S. Title 13 & 38📑 Table of Contents
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🔍 Overview of Colorado Eviction Law
Colorado’s eviction process — formally called an Unlawful Detainer or Forcible Entry and Detainer (FED) action — is governed primarily by C.R.S. § 13-40-101 et seq. (Forcible Entry and Detainer) and C.R.S. § 38-12-101 et seq. (Colorado’s Warranty of Habitability and tenant protection statutes). Colorado updated its eviction laws significantly in recent years, particularly through SB 21-173, which created important new tenant protections effective 2021 that landlords must understand. 🏠
Watch OverviewColorado eviction law applies statewide, but Denver and some other cities have local protections that may add additional requirements. Always verify whether local ordinances in your specific city impose additional notice requirements or just cause standards. The statewide framework covered here provides the baseline, and local law may add to — but generally cannot subtract from — these requirements in . 📋
📌 Key Colorado Law Change — SB 21-173
Colorado’s SB 21-173 (effective 2021) made significant changes to Colorado eviction law: (1) Extended most notice periods. (2) Created a new “cure” right for material lease violations. (3) Limited fees that can be included in demand notices. (4) Required demand notices to state the tenant’s right to cure. These changes mean pre-2021 notice forms and procedures may be invalid.
⚖️ Legal Grounds for Eviction in Colorado
💰 Nonpayment of Rent
- Most common eviction ground
- 10-Day Demand Notice required
- Notice must state exact rent owed
- Cannot include late fees in demand amount
- Tenant has right to pay and cure
📋 Lease Violation
- Material breach of lease terms
- 10-Day Demand for Compliance or Possession
- Must describe violation specifically
- Tenant has 10 days to cure the violation
- Serious violations may allow shorter notice
🏠 End of Tenancy
- Lease expiration without renewal
- 21-Day Notice for month-to-month
- 91-Day Notice if occupied 6–12 months
- Notice period increases with tenancy length
- No cause required for lease end
⚠️ Incurable Violations
- Substantial damage to property
- Criminal activity on premises
- Violent or threatening behavior
- 3-Day Unconditional Quit Notice
- No opportunity to cure provided
📋 Required Colorado Eviction Notices
| Situation | Notice Type | Period |
|---|---|---|
| Nonpayment of rent | Demand for Payment or Possession | 10 days |
| Lease violation (curable) | Demand for Compliance or Possession | 10 days |
| Incurable violation / criminal | Notice to Quit Unconditionally | 3 days |
| Month-to-month termination (<6 mo.) | Notice to Terminate | 21 days |
| Month-to-month (6 mo.–1 year) | Notice to Terminate | 28 days |
| Month-to-month (1+ year) | Notice to Terminate | 91 days |
| End of fixed-term lease | Notice to Terminate | Per lease or 21 days |
⚠️ Demand Notice Must Specify Rent ONLY
Under SB 21-173, Colorado demand notices for nonpayment must specify only the amount of rent owed — not late fees, utility charges, or other amounts. Including non-rent charges in the demand amount can invalidate the notice. Prepare separate demand documentation for non-rent amounts.
🏛️ Filing in Colorado County Court
After the notice period expires without compliance, the landlord files an Unlawful Detainer complaint in the County Court of the county where the property is located. Colorado County Courts have jurisdiction over eviction cases regardless of the amount owed. The filing package includes:
- Complaint for Unlawful Detainer (court form)
- Copy of the lease agreement
- Copy of the demand notice
- Proof of service of the notice
- Filing fee (approximately $97–$200 depending on county)
📬 Serving the Summons in Colorado
- Personal Service — Direct hand delivery to the tenant. Most reliable method.
- Substituted Service — Delivery to a person of suitable age at the residence, plus mailing.
- Posting and Mailing — Used after failed attempts at personal and substituted service. Post notice on door plus certified mail.
The Sheriff or a private process server can serve eviction papers. The tenant has the response period specified in the summons — typically 7–10 days — to file a written response with the court. 📬
⚖️ The Colorado Eviction Hearing
If the tenant files a response, the court schedules a hearing — typically within 7–14 days. Both parties present evidence. Colorado courts take notice defects seriously — a defective notice will likely result in dismissal. Common Colorado tenant defenses include:
- Technical defects in the demand notice
- Rent was tendered and refused
- Retaliatory eviction (C.R.S. § 38-12-509)
- Habitability defense
- Discrimination defense
- Late fees improperly included in demand
🔑 Writ of Restitution
If the landlord receives a judgment for possession, the court can issue a Writ of Restitution. The landlord takes the writ to the Sheriff’s office, pays a fee, and the Sheriff schedules a lockout. Colorado Sheriffs typically execute writs within 3–7 business days of delivery. On lockout day, the Sheriff supervises the landlord’s changing of the locks. 🔑
⏱️ Colorado Eviction Timeline
💰 Cost of Eviction in Colorado
| Cost Category | Estimated Range |
|---|---|
| Court filing fees | $97–$200 |
| Process server / Sheriff service | $50–$150 |
| Attorney fees (uncontested) | $400–$1,200 |
| Attorney fees (contested) | $1,500–$5,000+ |
| Sheriff writ execution | $50–$150 |
| Lost rent (1–3 months) | $1,500–$8,000+ |
| Total Typical Range | $3,000–$15,000+ |
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Start Screening Today →❓ Frequently Asked Questions
Colorado does not have a statewide just cause eviction requirement for most landlords. However, the notice periods required for non-cause terminations (91 days for tenancies over 1 year) are significant. Some localities may have additional protections. Denver has considered local just cause ordinances.
No. Under SB 21-173, the 10-day demand notice for nonpayment of rent must specify only the rent owed — not late fees or other charges. Including non-rent amounts in the demand can invalidate the notice and require you to start over.
If the tenant pays the full amount of rent owed within the 10-day period, the eviction is cured and you cannot proceed with the UD filing for that particular nonpayment. You must accept a timely cure payment. If the tenant habitually pays late, this may eventually constitute grounds for a lease termination notice on other grounds.
Yes, but you must provide adequate notice: 21 days for tenancies under 6 months, 28 days for 6–12 months, and 91 days for tenancies over 12 months. The longer notice periods significantly affect planning for landlords dealing with problematic tenants on month-to-month terms.
⚠️ Legal Disclaimer: Colorado eviction law has changed significantly in recent years. This guide provides general information as of and is not legal advice. Always consult a Colorado licensed attorney before filing eviction proceedings, particularly given recent statutory changes.
