Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent |
Exempt Rental Property
All Other Tenancies
Exempt Rental Property
All Other Tenancies
In Colorado, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a notice to quit, which allows the tenant to pay the balance due or move out.
Depending on the type of housing, the amount of notice differs:
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Colorado the day immediately after its due date. Colorado landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out of the premises by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on September 1st, it will be considered late starting on September 2nd, unless the lease specifically states there is a grace period.
In Colorado, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). Landlords must first terminate the tenancy by giving the tenant a 21-day notice to move out . [2]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Colorado, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Colorado landlord-tenant law. Landlords must first deliver a notice to comply or vacate, which allows the tenant to fix the issue or move out.
Lease violations include: [15]
Depending on the type of housing, the amount of notice differs:
If the tenant does not correct the lease violation or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If the tenant causes substantial property damage, the landlord can terminate the tenancy by serving a 3-day notice to vacate.
In Colorado, a landlord can evict a tenant who engages in illegal activity on the premises. To do so, the landlord must first serve a 3 days’ notice to vacate for all types of housing. The tenant does not have the option to fix the issue and must move out of the rental unit. [4]
In Colorado, illegal activities include: [5]
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
In Colorado, there are a few different types of eviction actions that are illegal. If found liable, the landlord could be required to pay the tenant statutory damages, 3 times the monthly rent or $5,000, whichever is greater, plus costs, and reasonable attorneys’ fees. [7]
A landlord is not allowed to attempt to forcibly remove a tenant by: [6]
A tenant can only be legally removed with a court order obtained through the formal eviction process.
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include: [8]
Colorado landlords in many cases cannot evict a tenant who receives public assistance, unless they have first gone through a mediation process. Failure to go through required mediation is an affirmative defense in eviction proceedings. Mediation is required if both of the following factors are present: [17]
Mediation must take place at no cost to the tenant, with legal counsel permitted but not required for both parties. A tenant can waive mediation, but only by a separate, specific agreement with the landlord. Waiver is illegal if it’s in a lease or other broader contract related to rental matters. [18]
Steps of the eviction process in Colorado:
A landlord can begin the eviction process in Colorado by serving the tenant with written notice. Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court. A n initial written eviction notice may be delivered using any of these methods: [16]
Regardless of violation , many Colorado properties are federally entitled to a minimum 30 days of advance notice about a lease violation before a landlord can file for eviction. This minimum applies to any residential property covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, even after the act’s other protections have expired. [20]
In Colorado, if a tenant occupies employer-provided housing and is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This notice gives the tenant 3 days to pay the entire balance due or vacate the premises.
In Colorado, if a tenant resides in an exempt rental property and is late on paying rent (full or partial), the landlord must give them a 5-Day Notice To Quit. This notice gives the tenant 5 days to pay the entire balance due or vacate the premises.
Landlords have an exempt rental property if they lease single family homes and have 5 or fewer rental properties.
In Colorado, if a tenant (who does not reside in an exempt rental property or employer-provided housing), is late on paying rent (full or partial), the landlord must give them a 10-Day Notice To Quit.
This notice gives the tenant 10 days to pay the entire balance due or vacate the premises.
In Colorado, for a tenant with no lease, a month-to-month lease or for tenancies of longer than one month, but less than 6 months, the landlord must serve them a 21-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 21 days to move out.
However, depending on the length of tenancy, the amount of notice differs.
| Lease Length | Notice Amount |
|---|---|
| Less than 1 week | 1 Day |
| Greater than a week but less than 1 month | 3 Days |
| Greater than 1 month but less than 6 months | 21 Days |
| Greater than 6 months but less than 1 year | 28 Days |
| Greater than 1 year | 91 Days |
In Colorado, if a tenant occupies employer-provided housing and commits a minor violation of the terms of their lease or legal responsibilities, the landlord must serve them a 3-Day Notice To Comply or Vacate. This eviction notice gives the tenant 3 days to fix the issue or move out.
In Colorado, if a tenant resides in an exempt rental property and commits a minor violation of the terms of their lease or legal responsibilities, the landlord must give them a 5-Day Notice To Comply or Vacate. This eviction notice gives the tenant 5 days to fix the issue or move out.
In Colorado, if a tenant (who does not reside in an exempt rental property or employer-provided housing), commits a minor violation of the terms of their lease or legal responsibilities, the landlord shall serve them a 10-Day Notice To Comply or Vacate.
This eviction notice gives the tenant 10 days to fix the issue or move out.
In Colorado, if a tenant engages in an illegal activity, the landlord must serve them a 3-Day Notice To Vacate. This eviction notice gives the tenant 3 days to move out without the chance to fix the issue.
If the notice period ends and the tenant remains on the property, the next step in the eviction process allows the landlord to file a complaint and summons with the court. The proper jurisdiction will be in the county in which the property is located.
The summons and complaint must be served on the tenant by anyone who is 18 years or older, who isn’t part of the case, at least 7 days prior to the eviction hearing through one of the following methods: [9] [10] [11] [12]
The summons and complaint must be served on the tenant at least 7 days prior to the eviction hearing.
The eviction hearing will be held between 7-14 days after the date the summons was issued by the court. [13]
The tenant may file a written answer prior to the eviction hearing, but this is not a requirement in order to attend the hearing and object to (or contest) the eviction. However, if the tenant does not provide the court with a written answer at the hearing, the court may rule in favor of the landlord, even if the tenant appears in person at the eviction hearing.
If the tenant does file a written answer with the court (either at or before the hearing), a second hearing will be set to determine whether the tenant will be allowed to stay in the rental unit and determine how much money is owed to the landlord.
If the judge rules in favor of the landlord at either the initial hearing or a follow-up hearing, a writ of restitution will be issued and the eviction process will proceed.
Beginning in 2024, Colorado law specifies that party and witness appearances may be done electronically rather than in person. A tenant who is appearing pro se (i.e., without a lawyer) may also file answers electronically. If either party is pro se, either party may also file motions and most court documents electronically rather than in person. [19]
The writ of restitution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before the sheriff returns to the rental property to forcibly remove the tenant.
The writ must be issued at least 48 hours after judgment is entered in favor of the landlord. [14]
If the tenant remains in the rental unit after the writ is issued, possession of the rental unit will be forcibly returned to the landlord.
The writ of restitution cannot be issued until 48 hours after the court has entered an order in the landlord’s favor.
The writ of restitution may be executed by a sheriff, deputy sheriff, or undersheriff.
Colorado statutes don’t have a specific time frame of when the sheriff’s department has to execute an eviction notice once it has been received. Instead, it’s the landlord’s responsibility to schedule a time for the eviction with the sheriff’s department.
Eviction of a tenant may take up to a few hours to a few days, depending on how quickly the landlord is able to schedule the eviction with the sheriff’s office.
In Colorado, an eviction can be completed in 2 weeks to 4 months, but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Colorado eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 1-91 Calendar Days |
| Court Issuing/Serving Summons | 7 Business Days |
| Court Ruling | 7-14 Business Days |
| Court Serving Writ of Possession | 2 Business Days |
| Final Notice Period | 1-3 Calendar Days |
The average cost of an eviction in Colorado for all filing, court, and service fees is $320. Although the cost varies heavily on the amount of the eviction claim. Eviction lawsuits can be filed in County Court where the dwelling unit is located.
| Fee Type | Amount |
| Initial Court Filing | $85+ |
| Summons Service | ~$35+ |
| Writ of Restitution Execution | $200+ |
| Answer Filing (Optional) | $80+ |
| Answer & Counterclaim Filing (Optional) | $84+ |
| Jury Demand Filing (Optional) | $98 |
| Mediation Services (only applicable to some eviction contexts) | Free to $50/hour, depending on specifics |
(1)(d)…after any default in the payment of rent…and, ten days’ notice in writing has been duly served…requiring in the alternative the payment of the rent or the possession of the premises; except that, for…an employer-provided housing agreement, three days’ notice is required…and for an exempt residential agreement, five days’ notice is required…
(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows: (a) A tenancy for one year or longer, ninety-one days; (b) A tenancy of six months or longer but less than a year, twenty-eight days; (c) A tenancy of one month or longer but less than six months, twenty-one days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days; (e) A tenancy for less than one week, one day.
(1)(e) …and ten days’ notice in writing has been duly served upon such tenant or lessee requiring in the alternative the compliance with such condition or covenant or the delivery of the possession of the premises so held; except that, for…an employer-provided housing agreement, three days’ notice is required…and for an exempt residential agreement, five days’ notice is required pursuant to this section.
(4)(a) A tenancy may be terminated at any time on the basis of a substantial violation. The termination shall be effective three days after service of written notice to quit.
(3)(a) …endangers the person or willfully and substantially endangers the property of the landlord, any co-tenant, or any person living on or near the premises; or (b) …constitutes a violent or drug-related felony…(c) …constitutes a criminal act…that: (I) Carries a potential sentence of incarceration of one hundred eighty days or more; and (II) Has been declared to be a public nuisance…based on a state statute.
It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article 18.5 of title 25 and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory; is with the mutual consent of the landlord and tenant; or unless the dwelling unit has been abandoned by the tenant, as evidenced by the return of keys, the substantial removal of the tenant’s personal property, notice by the tenant, or the extended absence of the tenant while rent remains unpaid, any of which would cause a reasonable person to believe the tenant had permanently surrendered possession of the dwelling unit. Unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance. If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law, including this part 5.
A tenant affected by any violation of this section may bring a civil action to restrain further violations and to recover damages, costs, and reasonable attorney fees. In the case of a violation, the tenant must be awarded statutory damages equal to the tenant’s actual damages and the higher amount of either three times the monthly rent or five thousand dollars, as well as any other damages, attorney fees, and costs that may be owed.
A landlord shall not retaliate against a tenant by increasing rent or decreasing services or by bringing or threatening to bring an action for possession in response to the tenant:
a. Organizing or becoming a member of a tenants’ association or similar organization.
Having made a good faith complaint to the landlord or to a governmental agency alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant; or
4. If a landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant may terminate the rental agreement and recover an amount not more than three months’ periodic rent or three times the tenant’s actual damages, whichever is greater, plus reasonable attorney fees and costs.
3. If a landlord elects to replace a malfunctioning appliance, but does so with a new appliance that is not identical to the appliance being replaced, there is a rebuttable presumption in favor of the landlord that the landlord’s selection of a different appliance was not retaliatory so long as the replacement appliance provides substantially the same features as the original appliance.
(c)Process may be served…by any person whose age is eighteen years or older, not a party to the action…
(3) Personal service or service by posting shall be made at least seven days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof.
(d)(1)…by delivering a copy thereof to the person, or by leaving a copy thereof at the person’s usual place of abode, with any person whose age is eighteen years or older and who is a member of the person’s family, or at the person’s usual workplace, with the person’s supervisor, secretary, administrative assistant, bookkeeper, human resources representative or managing agent…
(2) If personal service cannot be had upon the defendant…such person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall mail…a copy of the summons…and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.
(1) Upon filing the complaint as provided in section 13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons shall command the defendant to appear before the court at a place named in such summons and at a time and on a day which shall be not less than seven days nor more than fourteen days from the day of issuing the same to answer the complaint of plaintiff.
(1) No writ of restitution shall issue upon any judgment entered in any action under the provisions of this article out of any court until after the expiration of forty-eight hours from the time of the entry of such judgment…
In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to:
Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety;
Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit;
Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner;
Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;
Conduct himself or herself and require other persons in the residential premises within the tenant’s control to conduct themselves in a manner that does not disturb their neighbors’ peaceful enjoyment of the neighbors’ dwelling unit; or
Promptly notify the landlord if the residential premises is uninhabitable as defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied.
In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.
Nothing in this section shall be construed to authorize a modification of a landlord’s obligations under the warranty of habitability.
A notice to quit or demand for possession of real property may be served by delivering a copy thereof to the tenant or other person occupying such premises, or by leaving such copy with some person, a member of the tenant’s family above the age of fifteen years, residing on or in charge of the premises, or, in case no one is on the premises at the time service is attempted, by posting such copy in some conspicuous place on the premises.
An action under this article 40 is commenced by filing with the court a complaint in writing describing the property with reasonable certainty, the grounds for the recovery thereof, the name of the person in possession or occupancy, a prayer for recovery of possession, and a signed affidavit that states:
(I) The residential tenant receives supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26, and the complainant and residential tenant participated in mandatory mediation and the mediation was unsuccessful; (II) The complainant and residential tenant did not participate in mandatory mediation because the residential tenant:
(A) Did not disclose or declined to disclose in writing in response to a written inquiry from the complainant that the residential tenant receives supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or (B) Does not receive supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or (III) The complainant and residential tenant did not participate in mandatory mediation because the complainant is:
(A) A 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants prior to filing a residential eviction in court; or (B) A landlord with five or fewer single-family rental homes and no more than five total rental units, including any single-family homes.
(b) Mandatory mediation must be conducted by a trained neutral third party and be provided at no cost to the residential tenant. The landlord is only required to pay for the landlord’s portion of the mandatory mediation. The complainant and residential tenant may have legal representation present during the mandatory mediation. A residential tenant may voluntarily waive the tenant’s right to mandatory mediation, but a waiver must not be in any lease agreement or other agreement between the complainant and residential tenant pursuant to section 38-12-801. … (d) Failure to comply with the mandatory mediation requirements outlined in this subsection (1) is an affirmative defense. If the affirmative defense is raised and the complainant cannot demonstrate that the requirements were met, the court shall dismiss the case without prejudice and a new complaint must be filed.
(1) For a residential action filed in county court pursuant to this article 40:
(a) The court shall allow either party and any witness to choose to appear in person or remotely by phone or video on a platform designated by the court at any return, conference, hearing, trial, or other court proceeding. Either party and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party or witness contacts the court within forty-eight hours of the scheduled appearance, the court has discretion whether to approve the party or witness’s requested change in participation. (b) A pro se defendant may file an answer electronically through an e-filing system. If either party is pro se, the party may file a motion or other documents, including, but not limited to, evidence, additional documentation, or a motion to waive filing fees, electronically through an e-filing system.
A landlord of a property covered by the CARES Act must give thirty days’ notice before filing for FED [i.e., eviction] in Colorado.
Can a landlord evict you immediately in Colorado? Can a landlord evict you immediately in Colorado?No, a Colorado landlord cannot evict you immediately. Colorado landlords must give tenants at least 1 day’s written notice prior to beginning the eviction process, regardless of the reason for eviction. Read more » Can you evict a tenant without a lease in Colorado? Can you evict a tenant without a lease in Colorado?Yes, you can evict a tenant without a lease in Colorado. If the lease has expired, you are required to provide tenants with at least 1 day’s notice, and up to 91 days’ written notice, depending on how long the tenant has resided in the rental unit. Read more » Can you kick someone out of your house in Colorado? Can you kick someone out of your house in Colorado?Yes, you can kick someone out of your house in Colorado. If the person is living in the home without permission, and has never paid rent, then you may follow an expedited court process instead of using the longer eviction process. Read more » Can a landlord evict someone for no reason in Colorado? Can a landlord evict someone for no reason in Colorado?In Colorado, if the lease expires and isn’t renewed, a landlord isn’t required to give another reason for evicting a tenant. Otherwise, if the lease has NOT expired, landlords must give a reason for the eviction. Read more »
