Colorado Commercial Eviction Process (FED)
A step-by-step guide to executing commercial evictions in Colorado, focusing on Forcible Entry and Detainer (FED) actions and demand notices.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Colorado Commercial Eviction Process (FED)
While commercial tenants in Colorado lack the intense "For-Cause" eviction protections granted to residential renters in 2024, evicting a business entity remains a strict, highly procedural legal process.
Commercial evictions in Colorado are heavily governed by the Forcible Entry and Detainer (FED) statutes (C.R.S. §§ 13-40-101 et seq.), which provide the exclusive legal means for a landlord to regain possession of commercial property.
[!CAUTION] No Self-Help Evictions: Self-help evictions are prohibited by law in Colorado. It is illegal for a landlord to change locks, cut off utilities, or seize property without a formal court order. Any provision in a commercial lease attempting to waive the FED process or permit self-help is void and unenforceable as against public policy (Beeghly v. Mack, 67 P.3d 795).
Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Colorado Revised Statutes (C.R.S. Title 13, Article 40).
Grounds for Commercial Eviction
Because the relationship is rooted in contract law, the commercial lease dictates what constitutes a "default" triggering an eviction. Standard commercial defaults include:
- Monetary Default: Failure to pay base rent, CAM charges, taxes, or late fees (C.R.S. § 13-40-104(1)(d)).
- Non-Monetary Default: Breaching specific lease covenants, such as operating an unapproved business type or unauthorized subleasing (C.R.S. § 13-40-104(1)(e)).
- Holdover: Remaining in possession after the lease has expired. If the landlord has provided the required statutory notice of non-renewal under C.R.S. § 13-40-107, no further notice is required to initiate an FED action for holdover.
The FED Eviction Timeline
If a commercial tenant breaches the lease, a landlord must meticulously follow these steps:
1. The Notice to Quit / Demand for Compliance
Before filing a lawsuit, the landlord must formally notify the tenant. The required notice period depends on the reason for the eviction:
- For Default (Nonpayment or Breach): The landlord must serve a 3-Day Demand for Compliance or Right to Possession (C.R.S. § 13-40-104).
- For Termination or Non-Renewal: Under C.R.S. § 13-40-107, the landlord must provide written notice based on the tenancy length:
- 1 year or longer: 91 days.
- 6 months to 1 year: 28 days.
- 1 month to 6 months (e.g., Month-to-Month): 21 days.
- 1 week to 1 month (or Tenancy at Will): 3 days.
2. Filing the FED Complaint
If the tenant does not cure the default or vacate the premises within the notice period, the landlord files a Complaint for Forcible Entry and Detainer (alongside a copy of the lease and the demand notice) with the appropriate County or District Court.
3. Summons and Answer
The court issues a Summons, which must command the defendant to appear in court not less than 7 days nor more than 14 days from the date of issuance (C.R.S. § 13-40-111). The tenant must be formally served and has a small window to file a formal "Answer." If they fail to file an Answer, the landlord can request a default judgment.
4. Possession Hearing
If the tenant disputes the eviction, a hearing is scheduled. In commercial cases, judges rely heavily on the written lease, communication records, and detailed financial ledgers. Because the stakes are high, commercial FED cases can occasionally become bogged down in complex discovery and counter-claims if the tenant argues the landlord breached the lease first.
5. Writ of Restitution
If the landlord wins the case, the judge issues a Writ of Restitution. A court shall not issue a writ of restitution until 48 hours after the entry of judgment (C.R.S. § 13-40-122(1)). Following this period, the landlord can coordinate with the local county sheriff to physically execute the eviction.
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Losing a high-stakes commercial FED action because of a lost ledger or a technically flawed Notice to Quit is devastating. Landager automatically tracks incoming rent and CAM payments, creating the exact, time-stamped financial ledgers your attorney needs to win a commercial eviction swiftly.
How Landager Helps
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Frequently Asked Questions
▶What are the Colorado landlord-tenant laws every property owner should know?
Colorado's residential rental market has undergone a dramatic legislative transformation in recent years. Sweeping updates in 2024 and 2025 significantly increased tenant protections, most notably enacting "For-Cause" eviction policies, strict caps on late fees, and brand new limits on security deposits effective in 2026. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Colorado eviction process and how long does it take?
The Colorado eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Colorado. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Colorado security deposit rules and return deadlines?
Colorado has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Colorado rent increase laws and caps for landlords?
Colorado has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Colorado has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Colorado?
Colorado has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Colorado state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Colorado landlords provide to tenants?
Colorado landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Colorado lease requirements for rental properties?
Colorado recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Colorado law.
Read the complete guide▶What are Colorado landlord maintenance obligations and habitability standards?
Colorado landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
Read the complete guide📬 Get notified when these laws change
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