Colorado Eviction Process & Laws | Free CO Eviction Notices

The Colorado eviction process begins with the landlord recognizing a violation made by the tenant or if they are in a tenancy at will. The initial form to be sent by the landlord is a notice that identifies to the tenant the landlord's intentions. Unless the issue is fixed, or the tenant moves out, the landlord will then be able to make a filing with in accordance with the State Instructions.

NonPayment Laws - 3 days § 13-40-104

NonCompliance Laws - 3 days § 13-40-104

Month to Month Laws - A tenancy for: one year or longer, three months; six months or longer but less than a year, one month;  one month or longer but less than six months, ten days; one week or longer but less than one month, or a tenancy at will, three days; less than one week, one day. § 13-40-107

Types of Notice

Colorado 3 Day Eviction notice Form 97

The Colorado three (3) day notice to quit, pursuant to § 13-40-104, is used by the landlord to inform the tenant that they must vacate the rental unit/property within three days of receiving the notice. A tenant is typically served this type of notice after repeated lease agreement violations, or when they…

Colorado 30 Day Notice to Quit

The Colorado thirty (30) day notice to quit, pursuant to § 13-40-107, is used to inform month-to-month tenants of the landlord’s intention to terminate the lease/rental agreement. The thirty (30) day notice period only applies to a tenancy that has lasted for longer than six months but less than one year…

Process How to Evict a Tenant

Step 1 – 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 | NonPayment & NonCompliance
Colorado 30 Day Notice to Quit | Month to Month Tenancy

Step 2 – If the tenant fails to pay their rent, move out of the property, or cure the lease violation within three days, the landlord can file a Complaint/Summons with the court. In Colorado, court dates are set for five to ten business days after the tenant has been served the Complaint/Summons. Tenants have the legal right to stay in their rental unit during this time, however if the court rules in favor of the landlord than the tenant may be subject to rent for that time. If the tenant fails to vacate the rental unit 48 hours after the Court Order has been issued, the local Sheriff’s Department may physically remove them from the property (the landlord typically must file what’s known as a “Writ of Restitution” in order for this to happen). Evictions enforced by the Sheriff’s Department can only occur between sunrise and sunset, and do not ordinarily occur on Saturdays/Sundays. The Sheriff’s Department is only there to keep the peace between the landlord and the tenant. Tenants have the right to know when the Sheriff will be enforcing the Court Order, and can contact the local Sheriff’s Department in order to find this information. If you are a tenant, it is recommended that you vacate the rental unit before the Sheriff arrives.

Note: If the tenant fails to appear for the initial Complain/Summons, a Court Order will be issued by default calling for the eviction of the tenant. 

Note: Tenants can contest the initial Complaint/Summons by filing a CRCCP3 form (click here if you are a tenant and want to contest a Colorado eviction complaint). If the tenant contests the Complaint, then a trial date will be set – both parties (tenant/landlord) will need to appear at the trial.