This guide walks through common questions about the eviction process. To see answers to each question, click on the arrow to the right. The pdf flier above shows a basic overview of the eviction process, but there is more detailed information in the questions and answers below.

• An eviction (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/?utm_source=chatgpt.com)is when your landlord has a legal reason to make you move out of your home. The landlord must follow legal (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-102/)steps and go to court before you have to leave your home. • Note: if you live in housing provided by your employer, different rules (https://law.justia.com/codes/colorado/title-8/labor-i-department-of-labor-and-employment/wages/article-4/section-8-4-123/?utm_source=chatgpt.com)may apply. • In Colorado, evictions are also called “forcible entry and detainer.”

• The eviction process starts before your landlord even goes to court. • Before your landlord can start an eviction in court, your landlord must give you written notice (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/)e(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/)xplaining why they want you to leave. • Note: your landlord must try to give you your documents in person. After they try two times, they can post the demand on the door.(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-108/?utm_source=chatgpt.com) • The notice must be in writing. Here (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/)is a link that outlines what details the notice must include. • Note: a “Notice to Quit” can also be called a “Demand for Compliance”(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF99A.pdf) or a “Demand for Nonpayment of Rent.(https://www.thslawfirm.com/wp-content/uploads/04_23_0628_30DRPDenver_wAdv.pdf)” The Notice must be in English, Spanish or (https://doh.colorado.gov/translation-and-interpretation#:~:text=Effective%20June%2030%2C%202024%2C%20mobile,other%20than%20English%20or%20Spanish.)your primary language.

• A notice to quit (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/)means the landlord is trying to get you to fix a problem, such as not paying rent or breaking a rule in your lease. • The notice will let you know that if the problem is not fixed, there will be consequences that might even lead to an eviction. • If you are on certain benefits, like Social Security or cash assistance through the Colorado Works Program (https://cdhs.colorado.gov/colorado-works)(also known as TANF), you may have extra protections, like the option of going to Mediation (https://www.coloradojudicial.gov/sites/default/files/2023-09/2023a_1120_signed.pdf)instead of court to solve the problem. You don’t have to leave your home until a court says so and a sheriff co(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/)mes to your home (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/)and escorts you off the property.

Landlords can legally evict tenants for several reasons:(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/) 1. Not Paying Rent • When you signed your lease, you agreed to pay a certain amount to your landlord in exchange for being able to live on the property. If you don’t pay your rent, your landlord can give you time (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/)to pay or leave. • Note: even if your landlord asks for an eviction from the court, you still have a right to pay what you owe up until the court (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/)approves the eviction. If you pay what you owe before the court issues the eviction, your landlord cannot evict you for nonpayment of rent. 2. Breaking the Rules in your Lease • When you s(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-8/section-38-12-801/)igned your lease,(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-8/section-38-12-801/) you agreed to follow the rules, or “terms” in the lease. If you don’t follow the rules in your lease, you might have 10 days to fix the problem.(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF99A.pdf) • If this is your second violation of the same part of the lease, your landlord does not have to give you time to fix the problem. This notice is called a “Notice to Quit for Repeat Violation,(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF99B.pdf)”(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF99B.pdf) and it gives you 10 days to move out. If you don’t move out within 10 days, your landlord can ask the court for an eviction. • If your violation is substantial, which means a violation involving criminal or illegal activity, drugs, harm to people, or harm to your landlord’s property, the law only requires your landlord to give you a 3-day notice to move out. This is called a “Notice to Quit for Substantial Violation.(https://www.coloradojudicial.gov/sites/default/files/2023-07/JDF97.pdf)” If you do not move out within 3 days, your landlord can file an eviction against you. 3. The Lease is Over • If your lease (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-8/section-38-12-801/)ends and your landlord does not want to renew it, they may ask you to move out. • It is important that you read your lease carefully and note what your lease says about its length and moving out. • Note: If you have lived at the property for more than 12 months, your landlord may need to have a reason to end the tenancy and may need to give you additional notice beyond the timelines listed below. • In Colorado, the required notice period for your landlord to tell you that your lease will not be renewed depends on how often you pay your rent. The following guidelines (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/)tell you how much notice a landlord must give you before they ask for an eviction, depending on how often you pay rent: • If your lease is a 1 week to 1 month tenancy → 3-days notice • If your lease is a 1 month to 6 months tenancy → 21-day notice • If your lease is a 6 months to 1 year tenancy → 28-day notice • If your lease is a 1 year or more tenancy → 91-day notice • Note: if your landlord does not give you enough notice, it may be a defense that you can raise to the judge if you go to court. • Note: Even if you have not signed a new lease, if your landlord accepts rental payments after the end of your lease, you have formed a month-to-month t(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-2/section-38-12-213/)enancy. • If your lease is month-to-month, this means that you are not guaranteed a certain number of months, unless your lease says otherwise. Your landlord may still be required to have a reason to end your tenancy.

• If your landlord is trying to evict you because your lease has expired, certain limits (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/)m(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/)ay apply: • If you have a disability, your landlord cannot evict for asking for reasonable accommodations.(https://law.justia.com/codes/colorado/title-24/principal-departments/article-34/part-5/section-24-34-502-2/?utm_source=chatgpt.com)(https://law.justia.com/codes/colorado/title-24/principal-departments/article-34/part-5/section-24-34-502-2/?utm_source=chatgpt.com) • Your landlord must renew or continue your lease if you have lived at the property for at least 12 months unless your landlord has a specific reason (https://leg.colorado.gov/bills/hb24-1098?utm_source=chatgpt.com)to end the tenancy and gives you appropriate notice that the tenancy is ending. • Your landlord cannot evict you in retaliation (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-509/)for pointing out a problem or exercising your rights. For example, your landlord cannot evict you for doing something like submitting a maintenance request.

• A “no-fault” eviction (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-8/section-38-12-801/)means your landlord can ask you to leave if one of the following conditions apply:(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/) 1. Your landlord is tearing down or changing the property. • If this is the case, the landlord must give you 90 days to move out. 2. Your landlord is completing major repairs or renovations. • If this is the case, your landlord must give you 90 days to move out. • Note: if the repairs will take fewer than 6 months, your landlord must offer you the first chance to move back in. 3. Your landlord or their family member are moving in to the home. • If this is the case, your landlord must give you 90 days to move out. 4. Your landlord is selling the home. • If this is the case, your landlord must give you 90 days to move out. • Note: this does not apply to most multifamily housing units. 5. You have a history of not paying rent on time. • This means you had three or more late payments during your tenancy. If this is the case, your landlord must give you a demand for rent, and if that time period expires and you have not paid, it counts as a late payment. A landlord must give you between 45-90 days’(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/) notice.

1. Fix the issue. • If you can pay rent or fix the problem, do it within the time given. • If you got a Demand for Nonpayment of Rent:(https://www.thslawfirm.com/wp-content/uploads/04_23_0628_30DRPDenver_wAdv.pdf) pay the full amount of rent your landlord demanded within the amount of time provided. Your landlord must typically give you between 5-10 days to pay,(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/) but landlords that receive certain federal benefits or have federally backed mortgages often have to give you 30 days. • ​​If you got a Demand for Compliance:(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF99A.pdf) fix the problem causing the lease violation as soon as possible after getting the demand. If you fix the violation, your landlord cannot file the eviction against you for the problem. • Whatever you do to comply with the demand, it is important to keep as much proof as possible that you did so. 2. Move Out. • You can choose to leave before your landlord takes you to court. • If you decide to move out, you should: • Take all of your belongings with you. • Return all of the keys to your rental to your landlord. • Make sure your landlord knows that you are moving out. • Try to get a receipt or a written statement from your landlord that you have moved out and returned all of your keys. • If your landlord will not give you a written statement, make sure you have proof that you moved out, and take pictures to document the condition of the rental property. • If you decide to move out, your landlord cannot evict you, but they can still sue you for unpaid rent, for damage to the property, and for breaking your lease.(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-123/) 3. Talk to your Landlord. • You might be able to make an agreement to stay. You could agree with your landlord to: • change the terms of your lease; • create a payment plan for any rent you owe; • agree that the lease will end early; • agree to add a person to your lease, or • any other outcome you and your landlord agree to. • If you can, make sure any agreement that you make with your landlord is in writing and signed by both you and your landlord. • How to Talk to Your Landlord (https://www.youtube.com/watch?v=MPgxdR3VG_g)((https://www.youtube.com/watch?v=MPgxdR3VG_g)video) 4. Go to Mediation. • You can try to negotiate a resolution with your landlord through mediation. • If you receive certain benefits, you may get a chance to talk things over in Mandatory Mediation (https://www.coloradojudicial.gov/court-services/office-dispute-resolution/eviction-mediation-new-legislation-6723)before your landlord can file a case with the court for an eviction. • Mediation (https://law.justia.com/codes/colorado/title-13/contracts-and-agreements/article-22/part-3/section-13-22-302/)is a process when you and your landlord can sit down with a neutral third party and try to come to an agreement together. • Note: if you go to mediation, you are not required to agree to any terms or agreement. • Here (https://www.coloradojudicial.gov/find-odr-mediator)is a website where you can find a list of mediators in your area. • To get started, contact the Colorado Judicial Branch Office of Dispute Resolution,(https://www.coloradojudicial.gov/court-services/office-dispute-resolution) which sometimes provides lower-fee mediation services. • Note: you cannot force the landlord to participate in mediation,(https://www.courts.state.co.us/userfiles/file/Administration/Executive/ODR/ODR_Contractor_Site/Library/CRS%2013-22-301.pdf) so the landlord needs to agree to mediation before a mediation session can be scheduled. 5. Go to court.

• If you don’t move out or fix the issue, your landlord can take you to c(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-110/)ourt.(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-110/) • You will get a paper called a “Summons,(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF102.pdf)”(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF102.pdf) which tells you when to go to court. • You will also get a “Complaint,(https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF101.pdf)” which is a court form that explains to you why you are being sued, and for how much money. • Your landlord is required to give you a blank Answer form, a blank request for documents form, and other required forms. • On the date listed on the Summons, you must file an Answer on or before that date. Different county courts may have slightly different processes, so it is important to follow the directions on the Summons. • The judge will likely set your case for a hearing between 7-10 days after you file an Answer. • If you have evidence, make sure you print anything out and have 4 copies: • 1 for you, • 1 for a witness, • 1 for the judge, and • 1 for your landlord or their attorney. • After the hearing, the judge will either continue the hearing for another day or decide if you can stay or if you must move out. • In Colorado, there is usually a 10-30 day waiting period after the judge issues a judgment against a tenant in an eviction case. After that period, the Sheriff can come to move you out. Only the sheriff can give possession of the property back to the landlord.

• Your landlord is NOT allowed to force you out of your home without going to court and getting a court order.(https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/) If your landlord tries to kick you out without going through an eviction case in the court, you should call an attorney or the sheriff’s department. Forcing you out of your home without a court order could be an illegal eviction (https://www.coloradojudicial.gov/self-help/unlawful-evictions#:~:text=About%20Unlawful%20Evictions&text=If%20not%20followed%2C%20the%20tenant,case%20is%20pending%20(injunction).)or illegal lockout.(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/)(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/) • Note: your landlord is not allowed to change your locks,(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/) cut off utilities or essential services, or take off the locks to get you to leave your home. • Note: remember to check your mail. Sometimes landlords will serve you with an eviction summons and complaint by posting the documents in a conspicuous place and mailing you a copy of the documents.

• Your landlord cannot lock you out or turn off your utilities without a court order. • Utilities (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/)include heat, running water, hot water, electric, gas, or other essential services. • Your landlord also cannot remove doors, windows, or locks (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/)other than as required for repair or maintenance without getting permission from the court. • If your landlord is threatening to lock you out, remove your doors or locks, or turn off your utilities without a court order—or has already done so—you can: A. Call law enforcement. • Call law enforcement and ask them to help. • The sheriff can help if your landlord breaks the law. • If possible, you should have a lease or other proof of your address (such as a state ID with the address on it, mail or a utility bill) for you to show law enforcement to prove that you live at the residence and that you have the right to be at the residence. B.. Talk to your landlord. • If you have already been locked out or your utilities have already been shut off, you can send a note to your landlord stating that you will sue them for damages if you are not allowed back in your home or if your utilities are not turned on. • If you feel safe to do so, text or email your landlord as soon as possible saying: “Locking me out is against the law (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/)(C.R.S. 38-12-510(1)). Please unlock the doors immediately, or I will seek legal action.” • Note: Keep receipts and in order to show the court proof of damages – the money you are entitled to as a result of your landlord breaking the law. C. Take Legal Action. • Before you take legal action, it is always best to consult with a legal professional who can help you consider your options. There are a number of different kinds of lawsuits you can file in response to an illegal lockout or utility shut-off:(https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/) • Legal actions can include trying to stop what the landlord (https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-510/)is doing; trying to recover your property;(https://www.coloradojudicial.gov/self-help/recovering-personal-property-replevin) and trying to recover money (https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-123/)you lost in this process.

• Denver rent and utility assistance (https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies-Departments-Offices-Directory/Department-of-Housing-Stability/Resident-Resources/Rent-and-Utility-Help) • Food assistance (https://cdhs.colorado.gov/snap) • Colorado Legal Services (https://www.coloradolegalservices.org/)-(https://www.coloradolegalservices.org/) free legal help for renters • 211 Colorado (https://www.211colorado.org/)- information on housing assistance • Metro Volunteer Lawyers (https://www.denbar.org/mvl)- legal help for low-income renters • Colorado Poverty Law Project (https://www.copovertylawproject.org/)- legal help for low-income renters • The Justice Center -(https://www.justicecentercos.org/) legal resources for low-income renters • CED Law (https://cedproject.org/law/)-(https://cedproject.org/law/) legal help for low-income renters • Colorado Housing Connects (https://coloradohousingconnects.org/)-(https://coloradohousingconnects.org/) housing resources and advice • Pikes Peak Library District Law & Legal Resources (https://research.ppld.org/lawandlegalresources)- information to know your rights • Alpine Legal Services (https://alpinelegalservices.org/)-(https://alpinelegalservices.org/) for Garfield, Pitkin, and Western Eagle Counties(https://alpinelegalservices.org/) • 9 to 5 (https://9to5.org/chapters/colorado/)- h(https://9to5.org/chapters/colorado/)ousing legal support (https://9to5.org/chapters/colorado/) • Centro San Juan Diego (https://centrosanjuandiego.org/en/)-(https://centrosanjuandiego.org/en/) legal clinics on first and third week of the month • East Colfax Community Collective (https://eastcolfaxcc.org/)- legal clinics on third Wednesday of the month Here is some information that will help you understand your rights: • FAQs for Tenants and Landlords (https://drive.google.com/file/d/1TDsObt_WtDLvfchxcz5VgPQjoq3y7UBz/view) • Eviction Prevention Toolkit ((https://www.justicecentercos.org/toolkit)The Justice Center)(https://www.justicecentercos.org/) • Renter Rights (https://coloradosprings.gov/renterrights) • Renter Rights Presentations(https://www.youtube.com/playlist?list=PL2MtB9IV_v6Jv0zSg3i9tMujMCRQ4EOJO) • Pikes Peak Library District Law & Legal Resources(https://research.ppld.org/lawandlegalresources) • Resources for Free Legal Services(https://www.coloradolegalregulation.com/public/icantaffordalawyer/)