How to Evict a Tenant in Colorado

A good landlord-tenant relationship is built on trust, communication, and mutual respect. But sometimes things don’t go as planned. Whether a tenant has stopped paying rent, violated lease terms, or refuses to vacate after the lease ends, you may need to take legal action.

In Colorado, eviction is referred to as “forcible entry and detainer.” It is a legal process that must be followed exactly. This guide outlines the steps to evict a tenant in Colorado while staying compliant with state law.

Colorado Eviction Process: Step-by-Step

Here’s a breakdown of the steps you must take to legally evict a tenant in Colorado.

1. Serve the Correct Written Notice

Before you can file for eviction, you must give the tenant formal written notice. The type of notice depends on the reason for eviction.

• Nonpayment of rent: Serve a 10-Day Demand for Compliance or Possession. This gives the tenant 10 days to pay the rent or move out.
  
• Lease violation: Use a 10-Day Notice to Comply or Vacate for curable breaches, such as unauthorized occupants or pets.
  
• Repeat violations: If the tenant commits the same lease violation within six months, you may serve a 5-Day Notice to Vacate. No opportunity to cure is required.
  
• Illegal activity: You can issue a 3-Day Notice to Vacate for criminal acts on the property.
  
• End of lease: For month-to-month leases, provide a 21-day written notice before the end of the rental period.
  

The notice must be in writing and include the reason for eviction, the timeframe to comply, and your intent to take legal action if the issue is not resolved. Deliver the notice by personal service, posting, or certified mail.

2. File an Eviction Lawsuit

If the tenant does not comply with the notice, your next step is to file a complaint for forcible entry and detainer in county court.

• File in the county where the rental property is located.
  
• Submit the complaint form, a copy of the lease (if written), and a copy of the notice served.
  
• Pay the filing fee, which is typically between $85 and $135 depending on the county.
  

You must also complete a Summons and provide the court with tenant information for proper service.

3. Serve the Summons and Complaint

Once the court accepts your filing, the tenant must be served with the Summons and Complaint.

• This must be done at least 7 days before the scheduled court date.
  
• Service can be done by the sheriff, a process server, or another qualified third party.
  
• You cannot serve the documents yourself.
  

Valid methods include personal delivery or posting on the door followed by mailing a copy. The court must receive proof of service before proceeding with the hearing.

4. Attend the Court Hearing

Eviction hearings in Colorado usually happen within 7 to 14 days of filing. At the hearing:

• Bring copies of the lease, payment history, notice served, and any communication with the tenant.
  
• Be prepared to present your case clearly and answer questions from the judge.
  
• The tenant can also present a defense, such as improper notice or breach of warranty of habitability.
  

If the judge rules in your favor, they will issue a Judgment for Possession. This gives you the legal right to remove the tenant.

5. Request a Writ of Restitution

Winning the case does not mean you can change the locks the next day. You must wait at least 48 hours after the judgment before requesting a Writ of Restitution.

• File the request with the court clerk.
  
• The sheriff will post the writ at the property and schedule the eviction.
  
• Tenants usually have a few days to vacate voluntarily.
  

Only a sheriff can physically remove a tenant. You cannot do this yourself or hire a third party. Lockouts or utility shutoffs are illegal without a court order.

6. Handle Tenant’s Belongings

Colorado law requires landlords to follow specific rules for abandoned property.

• If the tenant leaves behind personal items, you must store them for 15 days.
  
• Provide written notice to the tenant about how to reclaim their belongings.
  
• After 15 days, you may sell or dispose of the property if it remains unclaimed.
  

You can recover the cost of storage from any sale proceeds. Keep records to protect yourself from liability.

7. Seek a Money Judgment for Damages

You may be able to recover unpaid rent, property damage, or other financial losses through a separate court action.

• If the tenant contests the eviction or owes significant money, request a combined possession and damages hearing.
  
• Submit invoices, repair estimates, photos, and any correspondence related to the issue.
  
• If awarded, the judgment can be enforced through wage garnishment or bank levies.
  

This process helps you recover your financial losses even after regaining possession of the property.

Alternatives to Eviction in Colorado

Eviction can be costly, time-consuming, and stressful. Here are some alternatives that may resolve the issue faster and more amicably.

Offer “Cash for Keys”

This strategy involves paying a tenant to leave voluntarily.

• Offer a specific cash amount if the tenant moves out by a certain date.
  
• Put the agreement in writing with clear expectations about the condition of the property.
  
• Schedule a walk-through and exchange the cash once they’ve returned the keys.
  

This may feel counterintuitive, but it can save legal costs and speed up turnover.

Set Up a Payment Plan

If the issue is nonpayment of rent, consider offering a structured plan to help the tenant catch up.

• Break the balance into manageable payments over several months.
  
• Clearly state due dates and consequences for missing a payment.
  
• Put the agreement in writing and monitor progress closely.
  

This shows flexibility and helps you avoid the courtroom while maintaining cash flow.

Negotiate a Mutual Move-Out

Some tenants are willing to leave without a legal fight if you offer flexibility.

• Discuss the situation honestly and explain your goals.
  
• Offer to waive late fees or give extra time to move out.
  
• Put the agreement in writing to prevent future disputes.
  

A mutual agreement can preserve goodwill and avoid eviction on the tenant’s record.

Colorado Eviction FAQs

Here are some of the most common questions Colorado landlords ask about eviction.

Can I evict a tenant in winter in Colorado?

Yes, Colorado law does not prohibit evictions during winter months. However, the court may consider weather conditions when scheduling the physical removal.

Do I need a written lease to evict a tenant?

No. Even verbal agreements are legally binding. For month-to-month tenancies, you still must follow legal notice and court procedures.

How long does the eviction process take in Colorado?

It typically takes 2 to 4 weeks from notice to lockout, depending on court availability and how quickly the tenant is served.

Can I change the locks if the tenant refuses to leave?

No. Only a sheriff can enforce an eviction. Self-help evictions are illegal and may expose you to legal liability.

What if my tenant damages the property after being served?

You can document the damage and pursue a separate judgment for costs. Photos, estimates, and repair receipts are key evidence.

Do I need a lawyer for eviction?

Not always. Landlords may represent themselves in court. However, if your rental is owned by an LLC or corporation, you may be required to use an attorney.

Can I evict a tenant with kids or disabilities?

Yes, but you must follow the same legal process. Discrimination based on family status or disability is illegal, so tread carefully and avoid language or actions that could be interpreted as bias.

What happens if the tenant files a counterclaim?

The court will hear both your complaint and their defense. If the counterclaim is valid, it may delay the eviction or reduce your claim for damages.

Final Thoughts

Evicting a tenant in Colorado isn’t easy—but it is manageable if you follow the rules. Serving proper notice, filing the right documents, and respecting legal timelines are all part of protecting your rights as a landlord.

Still, eviction should be your last resort. It’s often faster and less expensive to resolve disputes through cash-for-keys offers, payment plans, or negotiated agreements.

But if eviction is your only option, do it the right way. And if you're tired of dealing with problem tenants altogether, it may be time to consider selling your Colorado rental property. That could free up your time and capital for more rewarding opportunities.