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)Preview unavailable.

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:

1. Monetary Default: Failure to pay base rent, CAM charges, taxes, or late fees (C.R.S. § 13-40-104(1)(d)).
2. 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)).
3. 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.

Centralize Your Default Documentation

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.

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How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Colorado regulations.

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