Colorado Eviction Process: The 10-Day Demand, the Return Date and the Writ, Step by Step

In Colorado, an eviction case is formally called a forcible entry and detainer , or FED. The landlord has to give the right written notice, wait it out, file in the county where the home is, win in court, and then have the sheriff carry out a writ [4][8]. Colorado’s court forms walk both sides through each step.

Step 1: the notice

Which notice the landlord uses depends on the reason.

Unpaid rent, lease violations or disturbing conduct: a Demand for Compliance. The tenant gets a set time to pay, fix the problem or move [1]:

• 10 days for a standard residential rental,
• 5 days for an exempt rental agreement,
• 3 days for employer-provided housing,
• 30 days if the home has a federally backed mortgage, such as FHA or VA (a CARES Act property).

Day 1 is the day after the notice is served [1]. The landlord has to try to hand it to the tenant, or a household member over 15, in person. Posting it on the door is allowed only after failed attempts [1].

Repeat or serious violations: a Notice to Terminate Tenancy. A substantial violation, such as certain criminal behavior, carries a 3-day notice. A repeat violation of the same lease term carries 10 days [2].

Not renewing the lease: a Notice of No-Fault Eviction. The move-out date must be after the lease ends and at least 90 days after the notice is served [3]. The landlord must give a reason the law allows, such as demolition, major repairs, moving in, selling the home, or the tenant turning down a reasonable new lease [3]. If the landlord or a spouse is on active military duty and moving in, the notice can be 45 days [3].

Step 2: the court case

After the notice runs out, the landlord files a complaint and summons in county court [4]. The clerk sets a return date , generally 7 to 14 days after filing [7]. The tenant must be served at least 7 days before that date [4].

If the landlord can’t serve the tenant in person and posts and mails the papers instead, the court can order possession but can’t award money [8].

Step 3: the tenant’s answer

The tenant answers by filing JDF 103, the Eviction Answer, on or before the return date [5]. There are no filing or service fees for tenants in eviction cases [5]. Tenants can file online (except in Denver County Court), by mail or in person, and can take part in court by phone or video [5].

If the tenant doesn’t answer or show up, the judge can enter a default judgment [5]. If the tenant does answer, trial is usually set 7 to 10 days after the return date [7].

The court records stay private unless the landlord wins possession [5].

Paying to stay

For unpaid rent, a tenant can pay everything owed, including rent and late fees, any time before judgment. A lease can’t take that right away [7].

Survivors of domestic violence, stalking or sexual abuse who fell behind on rent because of it may be entitled to a repayment plan of up to 9 months [1]. The landlord must offer it within 3 days of getting written documentation [1].

Judgment and the writ

If the landlord wins, the judge signs a writ of restitution . For a residential tenant, it can’t be carried out until 10 days after the judgment [6]. The wait is 30 days for qualifying tenants, including people receiving SSI, SSDI or TANF and survivors of domestic violence or stalking [6]. The writ stays in effect for 49 days and then expires [6]. The landlord takes it to the sheriff to schedule the eviction [4].

Either side can ask a higher court to review the judgment. Eviction appeals have their own deadline and bond rules, so talk to a lawyer or the court’s self-help center the same day if you plan to appeal.

Defenses tenants raise

The court’s answer form lists common defenses, with the laws behind them [9]:

• Wrong notice. The Demand for Compliance didn’t give the right cure period.
• Retaliation. The landlord filed because the tenant reported an unlivable condition (C.R.S. § 38-12-509).
• Unlivable conditions. The home wasn’t fit to live in, and the tenant gave written notice. For a rent case, the tenant must pay the rent due into the court registry when filing this defense [8].
• No mediation. A landlord with six or more units skipped required mediation for a tenant on SSI, SSDI or Colorado Works who had told the landlord in writing.
• Discrimination under Colorado’s fair housing law.

Where to get help

• Colorado Legal Services: free help for low-income tenants, (303) 837-1313 ext. 444 [5].
• Court self-help centers in each judicial district [5].
• Colorado Housing Connects: (844) 926-6632, for eviction and rental assistance resources [5].
• Colorado Department of Local Affairs: rental assistance and eviction prevention, (303) 864-7810 [5].