How to Evict a Tenant (Process)
In addition to the instructions provided below a landlord may also find the Colorado Official Eviction Instructions (Form JDF 100) and the 20th District Court’s Guide.
Step 1 – Give Notice to the Tenant
The first step to evicting a tenant is to serve them a “Notice to Quit/Cure.” Under Colorado law, tenants have three days to either pay the past-due rent, or vacate the rental unit.* When a tenant breaches a part of the rental/lease agreement, the landlord can issue a “Notice to Cure” form which will state that the tenant must rectify the correctable violation within three days, or vacate the property.
*If it is a month-to-month tenancy, the required notice period is 30 days.
Colorado 3 Day Notice to Quit Form JDF-97 | Non-Payment & Non-Compliance
Colorado 30 Day Notice to Quit | Terminate Month to Month Tenancy
Step 2 – File the Forms with the Court
If the tenant fails to comply with the notice to quit the landlord will be forced to file a lawsuit (forcible entry and detainer) with the county court the property is located (Find Locations).
The forms the landlord will have to file include the following:
Complaint (Form JDF 99)
-Attach the signed lease agreement
-Attach the notice to quit and proof of service (return receipt or signature from tenant)
Summons (Form CRCCP 1A)
-If the landlord is defending themselves the top portion will also need to be completed.
Answer (Form CRCCP 3)
-Leave this blank. This will be sent to the tenant and will act as their form in order to respond to the action filed against them.
Filing Fee ($97)
-In accordance with § 13-32-101
Step 3 – Serve the Tenant
The clerk will usually have a court hearing scheduled within 10 – 15 days. Therefore, the tenant will need to be aware of the filing against them. The landlord will be required to submit the processed Complaint and Summons along with a blank Answer for the tenant to complete.
The landlord may send the forms via a Certified Process Server.
Step 4 – Attending the Hearing
If before the hearing date the landlord and tenant come to an agreement over the damages a Stipulation Agreement (JDF 102) may be completed and filed with the clerk which will finalize the case.
Otherwise, both landlord and tenant will be required to attend the hearing. It is important that all evidence be brought and the judge will make an order based on the facts presented.
Step 5 – 48 hours
If the landlord wins the case the tenant will be allowed forty-eight (48) hours to remove themselves from the property. If the tenant doesn’t leave the landlord will be allowed to file a Writ of Restitution (JDF 103) with the court. If the Writ is approved a certified copy should be submitted to the local Sheriff’s office which will assist in removing the tenant.
The Sheriff will usually appear and stand idle while the landlord removes the locks and/or the tenant’s personal belongings from the property.