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Making a Colorado Eviction Notice
Eviction Notices are the first step in the eviction process in most states, including Colorado. The notice lets your tenants know that you want to end the tenancy relationship. If they do not comply with the terms, you can start the formal eviction process with the local courts.Use the Colorado Eviction Notice document if:
It is important to follow the formal legal process when evicting a tenant. This letter is the first step before you file with the courts. Often this notice is used as a 3-day notice to pay or quit when a renter is late paying rent; however, it can be used for other types of evictions.Other names for this document:
This document may also be called: Demand for Compliance or Right of Possession Notice, Pay Rent or Quit Notice, Notice to Quit or Demand for ComplianceWhen should I use an Eviction Notice
This eviction document can be used as the first notice in the beginning of the eviction process. You can serve this Eviction Notice on your own. If you end up going to court, you'll benefit from having legal counsel present in most cases. Most use this notice when a tenant is late paying rent; however, it can also be used for lease violations or to notify tenants that you are not renewing their lease.
Delivering notices in Colorado is not complicated. You can deliver it in person, post it on the door or deliver it to their place of work. You can leave it with any family member who lives in the rental if they are over 16 years of age. If you deliver it to their place of work, make sure to do it in a way that may not be construed as harassment. Document all communications including delivery times, phone conversations, in-person conversations and more, to prepare for court. If you simply post the notice to their door, take a picture of it on the door for your records. If you want to hire someone to deliver the notice, you can use an Affidavit of Service to document the delivery.
You will need to file a few forms with the clerk's office located in the same area as the rental property. You may need to submit CRCCP Form 3 (Answer under Simplified Civil Procedure), CRCCP Form 1A (Summons in Forcible Entry and Unlawful Detainer) and/or a JDF 99 (Complaint in Forcible Entry and Detainer). You are usually assigned a court date within five to ten days.
No, in most states, including Colorado, self-help or DIY eviction tactics are illegal. To win your eviction case, you should follow legal eviction procedures. While it is certainly recommended that you negotiate with your tenant if it is in everyone's best interest, you should NOT:
You also cannot evict based on discrimination or retaliation. If you are not sure what might be considered harassment or discrimination, ask a lawyer.
This document is the order from the court to the sheriff to dispossess the tenant and restore the possession of the property to the landlord or property owner. As soon as it is issued, it is enforceable. If the tenant does not move and you have to evict, you or a representative of the property management company must attend the eviction with the sheriff. In most cases, you'll also want to bring a locksmith with you as well. If the former tenant leaves behind belongings, you must provide the resources to move their possessions.Colorado Evictions: Tenant Rights
Evictions have been increasing in Colorado. The good news for tenants is that studies show if you hire a lawyer, you have an increased chance of winning your case. Colorado is beginning to offer programs to help tenants acquire legal assistance. You may benefit from contacting Colorado Legal Service if you cannot afford an attorney.
As in most states, in Colorado, you may see the best results if you can negotiate with your landlord before you are faced with a court order to vacate. If you are able to come to an agreement or make payment arrangements, get the agreement in writing and stick to the payment schedule.
Answers to Colorado eviction questions
How fast can an eviction happen?
Evictions can happen quickly. If you receive an eviction notice, you may want to start planning to move in case you are evicted or lose your case. The first notice may be a 3-day notice. Once your landlord files with the court, the court may issue a Writ of Restitution. After a Writ of Restitution is issued, you may only have 48 hours to vacate. After 48 hours has passed, they can change the locks and/or forcibly evict you.
Should I attend the eviction court hearing?
Even if you know you are going to lose your case because your owe rent or violated your lease, you may benefit from attending the court proceeding. The court hearing may be your last chance to negotiate with your landlord. You may be able to lower the amount owed or buy yourself some additional time. Additionally, in some instances, you will automatically lose your case if you do not attend court.
What if I have paid my rent on time and have not violated my lease?
If your landlord wants you to move for other reasons, they need to give ample notice. If you've lived there over a year, 91 days. If over six months, but under a year, 28 days. If over a month, but less than six months, seven days. This gives you more time to make plans to move. If these circumstances fit your situation, make sure your landlord gives you the required time to move.
What happens if I am evicted?
If you are evicted by court order, you must move or you will be forcibly removed by a law enforcement officer. If you leave anything behind in a Colorado rental, it may be considered "abandoned" if you do not make plans to retrieve your property. In some cases, they can sell your belongings to recoup the money you owe them. In many cases, pets are taken into custody by the Colorado Humane Society and you can retrieve them there after paying the fees. You will have an eviction and judgment on your record and may have a harder time passing a rental background check in the future.
To learn more about tenant-landlord eviction laws, see our Tenants help section.