A Guide to the Eviction Process in Denver, Colorado

There may come a time when you have no choice but to evict your tenant. To be successful ad legally compliant, you must abide by the tenant eviction laws. 

To obtain a court order, you must have a legitimate reason and follow the judicial process. The following is everything landlords need to know about the legal eviction process in Colorado. 

Notice for Legal Lease Termination with Valid Cause

As already mentioned, a tenant eviction process begins with having a legitimate reason. In Colorado, you can only begin a tenant eviction process if the tenant: 

• Fails to pay rent on time. 
• Continues to stay after the lease has expired. 
• Violates a term of the lease agreement. 
• Commits an illegal action. 

Next, landlords must serve the tenant with the right eviction notice. The notice can be curable or incurable depending on the kind of violation. If the eviction notice is curable, the tenant can either fix the violation or move out. This they must do within the notice period. 

However, for incurable eviction notices, the tenant will only have one option: vacate the premises. The following are the eviction notices a landlord in Colorado can serve a tenant to evict them:

• 3-Day Notice to Quit – You can serve this notice to a tenant living in employer-provided housing. This will give the tenant up to 3 days to pay the overdue rent in full or move out. 
• 5-Day Notice to Quit – You can serve this notice to a tenant living in an exempt rental property. The Colorado tenant will have up to 5 days to pay the rent due or move out. 
• 10-Day Notice to Quit – For all other types of residencies, you can serve the tenant a 10-day notice to pay due rent. 
• 21-Day Notice to Vacate – You must use this notice when trying to remove a tenant who has no lease or one renting month-to-month. This will give the tenant up to 21 days to move out. It does give the tenant the option to fix the violation. 
• 10-Day Notice to Comply or Vacate – You can use this type of eviction notice on tenants who commit minor violations. 
• 3-Day Notice to Vacate – You must use this type of notice when trying to evict renters for engaging in illegal activity. It gives the tenant only 3 days to move out. 

Serving a Tenant with an Eviction Notice in Colorado

Under Colorado landlord-tenant law, you must use the proper delivery method when serving a tenant with an eviction notice.

The following are the acceptable methods of delivery when it comes to eviction notices in Colorado:

• Hand delivering the notice to the tenant. 
• Hand delivering the notice to a person living on the property on behalf of the tenant. The person must be at least 15 years of age. 
• Posting the notice on the entry door, or any other conspicuous place. 

After you have successfully delivered the notice to the tenant, it’ll be upon them to either fix the violation (if curable) or move out. If the tenant doesn’t take either option, you can move to the appropriate court and file a lawsuit. 

Upon successful filing, you’ll be issued with a copy of the summons and complaint. This will need to be served to the tenant by a process server. Note that in Colorado, tenants have the right to file an answer before an eviction hearing. 

Tenant Eviction Defenses in Colorado 

If the tenant does file an answer, the following are some of the defenses they can give to stop or delay their eviction:

• You failed to follow the proper procedure when serving the eviction notice to the tenant. 
• You are retaliating against the tenant for exercising a legal right, such as reporting you to a government agency for code violations. 
• You have failed to keep the unit in a habitable condition. 
• The eviction is an act of discrimination against the tenant.
• You tried to evict the tenant through self-help means.
• The tenant didn’t cause the violation as alleged. 
• The tenant fixed the violation within the notice period. 

Any of these defenses can either stop or delay an eviction. In some cases, you may have to restart the process. In other cases, however, the process will stop altogether. To protect yourself, make sure to keep diligent records of the violations committed and all notices served to the tenants. 

Writ of Restitution 

You may be able to reclaim the ownership of your property in either of two ways. One, if the tenant fails to show up for the hearing. Or two, if the court rules in your favor during the hearing. 

Either way, a residential landlord will need to obtain a writ of restitution. In Colorado, the court must issue it within 48 hours after successful judgment. After obtaining it, you’ll need to serve it to the sheriff for action even if it means forcefully throwing out the tenant. 

Bottom Line 

It’s important to follow everything to the letter for successful tenant eviction. Missing a step or engaging in any unlawful action will render the entire exercise null and void.

For expert help in all landlord-tenant matters in the greater Denver area, don’t hesitate to contact TJC Real Estate and Management. We take pride in providing landlords with a personalized approach to property management and innovative strategies. Reach out now for more information about our professional services! 

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.