It takes anywhere from several weeks to a few months to complete the eviction process in Colorado. The precise time it will take to evict a tenant in Colorado depends largely on factors such as the grounds for eviction, the complexity of the situation, and the local court’s caseload.
It's important to understand that a landlord cannot evict a tenant for just any reason. There are specific criteria that must be met to make an eviction legitimate and legal. The following are examples of situations which could result in an eviction within the state of Colorado.
Grounds for Eviction
- Nonpayment of Rent
- Violation of Lease Terms
- End of Lease Term
1. Nonpayment of Rent
The most common reason to evict a tenant in Colorado is nonpayment of rent. If the tenant fails to pay rent by the agreed-upon due date, the landlord can serve a 10-day Demand for Compliance or Right to Possession Notice. This gives the tenant 10 days to pay the rent, after which the landlord may file for eviction if the situation has not been remedied.
2. Violation of Lease Terms
If a tenant violates the terms of the lease agreement, such as damaging the property, having unauthorized pets on the premises, or engaging in illegal activity, the landlord will have grounds for eviction.
3. End of Lease Term
If the previous lease ends and the tenant remains on the landlord’s property without a renewal or a new lease, the landlord can begin the eviction process after about 21 days.
In cases where the property is foreclosed upon, the new owner may have grounds to evict tenants. However, specific rules must be followed to ensure a legal eviction.
It is important to note that, even if one or several of these grounds are met, the only legal way for a landlord to evict a tenant in Colorado is through the local court system. Forcible evictions, such as locking a tenant out of their home or physically removing their belongings, are strictly prohibited by Colorado Landlord-Tenant laws.
- Serve Written Notice
- File a Complaint With the Court
- Wait For the Tenant to File an Answer
- Attend the Eviction Hearing
- Get a Writ of Restitution
- Regain Possession of the Property
Once grounds have been met, a landlord may begin the eviction process. The following are the steps a landlord will need to take to legally evict a tenant in the state of Colorado:
1. Serve Written Notice
Before starting the eviction process, landlords must typically provide the tenant with a written notice specifying the reason for eviction and a reasonable amount of time to remedy the situation (if applicable).
2. File a Complaint With the Court
If the tenant fails to comply with the notice or rectify the issue within the allotted time frame, the landlord can file a complaint in the appropriate Colorado court. The complaint will outline the grounds for eviction and the relief sought.
3. Wait For the Tenant to File an Answer
The court will issue a summons to the tenant, notifying them of the complaint and the court date. The tenant has a specific time period to respond to the complaint, either admitting or denying the allegations.
4. Attend the Eviction Hearing
If the tenant responds by denying the allegations, a court hearing will be scheduled. Both parties present their evidence, and the judge makes a decision based on the merits of the case.
5. Get a Writ of Restitution
If the court rules in favor of the landlord, they will issue a writ of restitution. This allows the sheriff to physically remove the tenant and their belongings from the property if necessary.
6. Regain Possession of the Property
The final step in the Colorado eviction process is to retake possession of the property. After the tenant has been removed, the landlord regains possession of the property.
An “exempt residential agreement” is a specific type of lease or rental agreement that allows the landlord to shorten the waiting period before filing an eviction with the court. In Colorado, a landlord qualifies for this type of agreement if they own five or fewer single-family rental homes. The landlord must specify within the lease that the 10-day notice requirement does not apply to their rental property.
There are several reasons a landlord may choose to evict a tenant and several steps they’ll need to take in order to get the job done. But, without taking the necessary steps listed above, an eviction will not be considered legal in the state of Colorado.
How many days do you have to pay our rent before being evicted in Colorado?
In Colorado, a tenant generally has ten days to pay their rent before a landlord is able to begin eviction proceedings. This will vary depending on whether a landlord has an “exempt residential agreement,” which can shorten this waiting period to five days.
Can you be evicted in 3 days in Colorado?
In Colorado, a residential landlord must wait ten days before filing an eviction lawsuit with the court. However, landlords who have an “exempt residential agreement” can shorten this waiting period to five days.
Do you have to evict someone who is not on the lease in Colorado?
Yes, even if there is no written agreement between a landlord and a tenant, the landlord must still order a legal eviction in order to lawfully remove them from the property.