Colorado Forcible Entry and Detainer Complaint
County Court Eviction Filing (FED Action)
The FED action is the ONLY legal method to evict a tenant in Colorado. Self-help evictions are illegal and can result in tenant damages of up to 3x actual damages plus attorney fees under C.R.S. § 38-12-510.
This is a legal court document. You must have served proper written notice AND the notice period must have expired before filing. Consider consulting with a Colorado attorney.
🏛️ Court Information
👔 Plaintiff (Landlord/Property Owner)
👤 Defendant (Tenant)
📋 Legal Basis for Eviction
📄 Notice Information
⚠️ Required: You MUST have served proper notice AND the period must have expired before filing.
💰 Amounts Claimed
📝 Statement of Facts
🙏 Relief Requested
✍️ Verification
I declare under penalty of perjury under the laws of Colorado that the foregoing is true and correct.
Complete Guide to Colorado Forcible Entry and Detainer (FED) Actions
The Forcible Entry and Detainer (FED) action is Colorado’s legal eviction process. This comprehensive guide covers everything landlords need to know about filing an FED complaint, from pre-filing requirements through post-judgment enforcement.
Legal Foundation: Colorado Eviction Statutes
Primary Governing Laws
C.R.S. § 13-40-101 et seq.– Forcible Entry and Detainer ActC.R.S. § 13-40-104– Grounds for eviction and notice requirementsC.R.S. § 13-40-107– Service of process requirementsC.R.S. § 13-40-107.5– Expedited proceedings for criminal activityC.R.S. § 13-40-110– Trial procedures and timelineC.R.S. § 13-40-115– Writ of Restitution (enforcement)C.R.S. § 13-40-122– Tenant’s right to cure (residential)C.R.S. § 38-12-510– Prohibited landlord practicesC.R.S. § 38-12-105– Late fee limitations (7-day grace, 5%/$50 cap)HB 24-1098– Just cause protections for 12+ month tenants (2024)
Grounds for Eviction in Colorado
| Ground | Notice Required | Statute | Cure Period |
|---|---|---|---|
| Nonpayment of Rent | 10-Day Demand | § 13-40-104(1)(d) | Yes – tenant may pay |
| Lease Violation (Curable) | 10-Day Notice | § 13-40-104(1)(e) | Yes – may cure |
| Substantial Violation | 3-Day Notice | § 13-40-104(1)(e.5) | No cure |
| Criminal Activity | 3-Day Notice | § 13-40-107.5 | No cure |
| Holdover | Non-Renewal Notice | § 13-40-104(1)(c) | N/A |
| Month-to-Month | 21-Day Notice* | § 13-40-107 | N/A |
| 12+ Month Tenant | 91-Day Notice* | HB 24-1098 | Just cause required |
Step-by-Step FED Filing Process
Pre-Filing Requirements
Identify the specific legal basis and gather supporting documentation.
Prepare the correct notice type and serve it using an approved method.
Do NOT file until the full period has passed. Filing early = dismissal.
Verify tenant has not cured the default before filing.
Collect lease, payment records, notices, photos, and communications.
Filing the Complaint
Service of Process
| Method | Requirements | Notes |
|---|---|---|
| Personal | Hand-deliver to defendant | Preferred method |
| Substituted | Leave with 18+ person + mail | At residence |
| Posted | Post on door AND mail | If others fail |
| Sheriff | Pay fee, sheriff serves | Official proof |
Using the sheriff or licensed process server provides better proof of service if the tenant claims they weren’t served.
The Court Hearing
What to Expect
Arrive early. Confirm your case is on the docket.
Cases called in order. Approach when your case is called.
Present your case first: facts, default, notice, evidence.
Tenant presents defenses. Common: payment made, improper notice, habitability.
Often from the bench. Sets move-out deadline if you win.
Common Tenant Defenses
- Payment/Cure: Tenant claims rent paid – bring complete records
- Improper Notice: Notice defective – bring proof of service
- Warranty of Habitability: Property uninhabitable – document repairs
- Retaliation: Eviction for complaints – show legitimate basis
- Discrimination: Based on protected class – show consistent enforcement
After the Judgment
Obtaining the Writ of Restitution
Tenant has 48 hours to appeal and post bond.
File request with court clerk. Pay writ fee ($25-50).
Take writ to sheriff’s office. Pay execution fee. Schedule date.
Sheriff removes tenant. You regain possession.
Even with a judgment, only the sheriff can physically remove a tenant. Self-help = significant liability.
Important Timelines
| Event | Timeline |
|---|---|
| 10-Day Notice Expiration | 10 days after service |
| 3-Day Notice Expiration | 3 days after service |
| Initial Hearing | 7-14 days after filing |
| Service of Summons | At least 7 days before hearing |
| Appeal Period | 48 hours after judgment |
| Writ Execution | 5-10 days after request |
| Total Process (typical) | 3-6 weeks |
HB 24-1098: Just Cause Protections (2024)
Colorado’s HB 24-1098 provides additional protections for tenants with 12+ month tenancy:
- Just Cause Required: Landlords must have legitimate reason
- 91-Day Notice: For no-fault terminations
- Relocation Assistance: May be required
- Exempt: Owner-occupied 4 or fewer units
Valid reasons: nonpayment, lease violations, criminal activity, refusal to renew on similar terms, owner move-in, substantial renovation, withdrawal from rental market, government order.
Filing Fees by County
| County | Filing Fee | Sheriff Service | Writ Fee |
|---|---|---|---|
| Denver | $98 | $50-75 | $25 |
| El Paso | $98 | $45-65 | $25 |
| Arapahoe | $98 | $50-70 | $25 |
| Jefferson | $98 | $50-70 | $25 |
| Boulder | $98 | $55-75 | $25 |
| Larimer | $98 | $50-70 | $25 |
Frequently Asked Questions
Tips for Success
Keep detailed records of all communications, payments, notices. Take timestamped photos. Documentation wins cases.
The #1 reason for dismissal is improper notice. Use correct type, include all required info, serve properly, wait full period.
Dress appropriately, arrive early, be respectful. Stick to facts, not emotions. Address the judge, not the tenant.
“Cash for keys” can be faster and cheaper than completing eviction. Get any agreement in writing.
Resources
- Colorado Judicial Branch: courts.state.co.us
- Colorado Bar Lawyer Referral: (303) 831-8000
- Colorado Legal Services: (303) 837-1313
- Colorado Apartment Association: caahq.org
⚠️ Legal Disclaimer
This form and guide are for informational purposes only and do not constitute legal advice. Eviction law is complex and changes frequently. Consider consulting a licensed Colorado attorney for your specific situation. Use of this form does not create an attorney-client relationship.
