Process for Evicting a Tenant in Colorado

Evicting a tenant in Colorado is an intricate legal procedure (formally known as a Forcible Entry and Detainer or FED action). The process was fundamentally altered in 2024 with the passage of HB 24-1098, implementing strict "For-Cause" eviction policies statewide.

[!WARNING] No Self-Help Evictions: Landlords are strictly prohibited from changing locks, shutting off utilities, or removing tenant property. Violating eviction laws can expose landlords to penalties of up to three times the monthly rent or $5,000, plus attorney's fees.

The "For-Cause" Eviction Requirement

In Colorado, a landlord can no longer end a lease or refuse a lease renewal without a legally justifiable "cause." "No-fault" lease terminations are effectively banned for the vast majority of rental properties.

Valid "causes" for eviction or terminating a lease include:

• Non-payment of rent.
• Substantial lease violations (e.g., unauthorized pets, unauthorized subtenants).
• Criminal activity or creating a severe hazard.
• The landlord intends to substantially renovate, demolish, or personally occupy the property (or sell the property).

For non-renewal cases lacking a tenant's fault (like an owner moving in), the landlord generally must provide 90 days' written notice prior to the end of the term.

The Eviction Timeline

1. Issue a Formal Demand Notice

Before an eviction suit can be filed, the landlord must issue a formal demand for compliance. These notices must be physically served or posted on the door only after two separate personal delivery attempts on different days.

• Non-Payment (10-Day Notice): Tenants in standard rentals are issued a "10-Day Demand for Compliance or Right to Possession." During these 10 days, the tenant can pay the full past-due balance to cancel the eviction. (Note: Subsidized housing or employer-provided housing may have differing notice periods, such as 30 days or 3 days respectively).
• Substantial Violations (3-Day Notice): For severe lease breaches or criminal activity, landlords issue a 3-Day Notice. Some severe violations have no "right to cure."

2. File the FED Lawsuit

If the notice period expires and the tenant has neither paid nor vacated, the landlord files a Forcible Entry and Detainer Complaint at the local county court.

3. Court Hearing & The Right to Cure

The tenant receives a summons outlining the court date. Importantly, under Colorado law, tenants possess the absolute right to pay their total outstanding rent balance at any time prior to the judge issuing a final eviction judgment. If the tenant produces the funds before the judgment, the judge must dismiss the case, and the tenant avoids having an eviction record.

4. Writ of Restitution

If the judge rules for the landlord, they will issue a Writ of Restitution. By law, the writ cannot be executed until at least 48 hours after it is issued. Local sheriffs are the sole authority legally permitted to execute the writ and physically remove the tenant.

Retaliation Protections

Colorado strongly protects tenants from retaliatory evictions. A landlord cannot issue notices or hike rents merely because a tenant requested maintenance or reported code violations to health inspectors. Doing so provides the tenant with an absolute affirmative defense in eviction court.

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Never Miss a Notice Deadline

A rejected 10-day notice due to a clerical error restarts the entire costly process. Landager automatically tracks rent arrears, generates compliant, timestamped compliance ledgers, and standardizes your pre-eviction documentation.

Protect your properties with Landager