Colorado Eviction Process: Legal Steps for Landlords

In the state of Colorado, eviction laws empower landlords to regain possession of their rental properties, but the process demands absolute legal precision to be enforceable. The judicial system requires strict adherence to protocol; even a minor filing or notice error can cause an eviction in Colorado to be delayed or legally challenged. To protect your rental property from further financial losses, use this guide to ensure your legal strategy adheres to every required judicial procedure, so that you can regain possession of your property lawfully.

• “Just Cause” is Mandatory - Landlords must have specific legal grounds to evict a tenant in Colorado. Choosing not to renew a lease also requires just cause in most cases.

• Notice is Required - Most evictions require formal written notice—typically 10 days for causes such as unpaid rent or 90 days for no-fault reasons, like selling a property.

• No “Self-Help” Evictions - It’s strictly illegal for a landlord to change locks, remove belongings, or shut off utilities to force a tenant out. 

• Variable Timelines - A standard for “cause” eviction typically takes four to six weeks, while no-fault cases can take three months or more. 

• Tenant Protections - Tenants are legally protected against discrimination and have the right to assert defenses for unsafe living conditions.

To get your property back legally, landlords must follow Colorado eviction rules  to a T. All it takes is one misstep for the court to dismiss your case, forcing you to start again while the costs add up.

When an eviction stalls in Colorado, it triggers a dangerous financial domino effect. A single procedural delay leaves landlords, especially mom-and-pop-run properties, vulnerable to:

• Tapping into your reserves to cover the financial gap left by your tenant 

• Falling behind on mortgage payments with only 30 days to cure

• Failing to cure the full loan balance that your lender now requires 

To avoid this dismal outcome, property owners must act fast. Requesting the tenant to pay the delinquent rent and initiating the eviction process immediately upon delinquency is the best way to avoid a worst-case scenario. However, to proceed, you first must have cause, commonly referred to as “just cause.”

Need legal help with a nonpaying tenant? Our attorneys can help you protect your investment and avoid a dismal outcome. Schedule your consultation with Robinson & Henry today.

“Just cause” is the legal grounds a landlord has to evict a tenant in Colorado. C.R.S. 38-12-1303 provides the framework for this requirement, classifying all valid reasons for removal as either for “Cause” or “No-Fault.”

Landlords may evict a tenant for violating lease terms. Common legal grounds for “Cause” evictions include: 

• Nonpayment of rent

• Material violations of the lease 

• Substantial violations that are criminal in nature

• Conduct that creates a nuisance, or negligently damages the rental property

Timeline - Typically four to six weeks for “cause” evictions; substantial violations may resolve in two to four weeks.

Notice Requirement - You must generally provide 10 days’ written notice to allow the tenant to cure the issue or vacate the premises. Federally backed properties under the CARES Act require 30 days’ written notice. However, this timeline can vary from 10 days to 91 days depending on the circumstances.

No-fault refers to a landlord’s decision not to renew a lease for a legally recognized reason that isn’t the tenant’s fault. This is fundamentally different from a standard eviction case in that it has no bearing on a tenant’s conduct. 

Landlords may initiate eviction without tenant fault only under specific circumstances, such as: 

• Demolition or substantial repairs/renovations to the rental property

• Owner occupancy needed for landlord or family member

• Withdrawal of property from the rental market

• Tenant refuses to sign a new lease with reasonable terms

• Tenant has a history of making late rent payments 

Timeline - Three to four months, possibly longer

Notice Requirement - Landlords must provide tenants with 90 days’ notice in no-fault evictions.

No-fault notices remain private unless a tenant holds over past the notice period’s expiration. If a tenant doesn’t move out by the deadline, the landlord would have grounds to pursue a “for cause” eviction. 

HB 1098 establishes specific exemptions to Colorado’s “cause” eviction mandates under C.R.S. 38-12-1302. The following properties may fall under the “just cause” exemption, giving landlords legal grounds to terminate a tenancy: 

• Short-term rentals

• Single-family homes, duplexes, or triplexes where the owner lives on-site or in an adjacent property

• Mobile home spaces under a lease-to-own agreement

• Tenants with less than 12 months of occupancy

• Unauthorized tenants 

• Employer-provided housing

Even if your property is exempt from “just cause” requirements, you’re still legally obligated to provide written notice to tenants within a time frame determined by the specific type of tenancy: 

• At-will tenants - three days

• Month-to-month tenants - 21 days

• Tenants with 12+ months’ occupancy - 91 days

These exemptions are specific and fact-sensitive, so it’s important to ensure your property truly qualifies before relying on them. 

Overwhelmed by the paperwork or unsure how to proceed? Let our landlord-tenant attorneys handle the eviction process on your behalf. 

After establishing legal grounds for eviction, you must adhere to a strict, multi-step process mandated by Colorado law. Because procedural errors can easily stall or invalidate your case, the following summary outlines how this process works from start to finish. 

The notice you send depends on the type of property and the reason for eviction, as categorized below:

• Demand for Compliance - Primarily focused on correction, this notice is used for remediable lease violations, providing the tenant with a mandatory “cure period” to resolve the issue to continue living there. A demand for compliance is used when a tenant fails to pay rent, has materially violated provisions of the lease or is engaging in disturbing conduct. Gives 10 days' notice to come into compliance. 

• Notice to Terminate Tenancy - Primarily focused on removal, this notice is issued when the landlord intends to repossess the property as soon as permitted by law. It is used when a landlord is not renewing the lease of a month-to-month tenant or an at-will tenant, when a tenant has committed a substantial violation (e.g. drug or violent felony), or when the tenant has repeatedly violated the lease. The notice time varies from 3 days up to 91 days.

• Notice of No-Fault Eviction - Primarily focused on not renewing the lease of a tenant at “no-fault” of the tenant, such as when the landlord is removing the rental property from the market because they or a family member is going to move in and use the property as their primary residence, or the landlord intends to put the rental property on the market for sale. The notice time for a no-fault eviction is 90 days. 

Optimize Your Demand or Notice With These Tips

The following rules can help you ensure your filing is court-ready:

• Avoid Weekend Deadlines - Set a deadline to cure that falls on a weekday so your tenant can’t blame weekend banking hours for their failure to pay.

• Isolate Base Rent - Add late fees and utilities to an attachment so the demand can be focused solely on the rent itself. Include only base rent in the demand itself, and a separate page for itemized late fees, utilities, etc.

• Claim Future Rent - List the next month’s due date to ensure the judge includes it in your final judgment. Add the due date for the next month’s rent so the judge will know to factor that amount into the final judgment

• Itemize Everything - Create a detailed breakdown of all expenses owed that your tenant or  tenant’s attorney would have difficulty disputing before the court.

• Track Service Attempts - Document the dates of all personal service attempts—Colorado law requires two in-person service attempts on two different days before you can post the notice on the tenant’s door.

At this point, your tenant has not responded to your demand or notice to terminate tenancy, which can be frustrating. If your tenant hasn’t complied by the deadline, you may now file a case with the court. When you file, be sure to include the following:

• Lease agreement

• Copy of the notice

• Proof of service

Once you file, your tenant will receive a summons informing them of their initial court date, along with the complaint that describes the breach. 

Once your case is filed, your tenant has approximately 14 days to respond by filing an answer or appearing in court for a brief hearing. 

If the tenant doesn’t show up or respond, you may request a default judgment, which can fast-track property possession. If the tenant does respond, the case will proceed with a more formal court hearing.

An eviction possession hearing is the more in-depth hearing in which the court hears both sides of a case. In Colorado, tenants have the right to file an answer with the court asserting defenses that can stall or entirely dismiss the proceedings. At this point in the process, it’s common for tenants to raise such issues as: 

• Procedural errors - Incorrect notice timelines or defective service are grounds for dismissal in Colorado.

• Habitability claims - The court will consider the validity of a warranty of habitability claim and, if substantiated, address it before you can proceed with evicting.

• Discrimination or retaliation defenses - Following the Colorado Supreme Court’s Miller v. Amos (2024) decision, tenants have more leverage to allege discrimination or retaliation in their defenses.

• Payments in full - If you file for eviction due to nonpayment and the tenant offers to pay in full before the court signs off on the eviction, you must accept the money and the eviction is dismissed, even if their rental assistance has run out.

• Servicemember protections - Active-duty military members are protected from evictions under the Servicemembers Civil Relief Act (SCRA), enabling them to request processing delays or a case’s dismissal entirely.

Legitimate tenant claims can delay the eviction process, as the court may require you to address their concerns before ruling on possession. Congested court dockets can also further delay the legal process, pushing hearing dates further out on the calendar than landlords prefer. 

If the court rules in your favor, you can request an order for the sheriff to schedule a lockout once an additional 48 hours have passed. Also called a Writ of Restitution, this document permits the final step in the eviction process. 

It’s important to note that sheriff lockouts are processed on a first-come, first-served basis. Yet another opportunity for delays to occur, in some cases, a Writ of Restitution can take up to 49 days for the sheriff’s office to enforce.

Drafting a demand for rent notice? Our attorneys can review or prepare it to ensure compliance with all current Colorado laws. Get started with a legal consult now. 

The most effective way to avoid eviction and prevent bad tenancies is through rigorous upfront screening. The following strategies are simple but effective ways to protect your investment:

• Require a signed application - The formal paperwork is your foundational legal record

• Charge a screening fee - Recover processing costs unless the applicant provides a valid portable screening report. 

• Run a background check - Look at the tenant’s credit, credit history, past eviction record, and bankruptcies for a clearer risk picture.

• Check a tenant’s references - Confirm that references are legitimate and unbiased, rather than personal friends or family members.

• Consult a past landlord - Contact past property managers to confirm payment history, lease compliance, and whether they would ever rent to that applicant again. 

• Match ID to paperwork - Verify the applicant’s government-issued identification matches details listed on their application.

• Maintain a strict “no payment, no access” policy - Ensure all deposits are fully paid before granting the tenant property access. 

• Don’t rush the process - Treat high-pressure move-in requests as a red flag that warrants extra scrutiny.

Don’t try to evict a renter without following the steps outlined in Colorado’s legal process. If you do, your attempt to remove the problematic renter will likely fail, resulting in thousands of dollars in litigation and judgments. 

Robinson & Henry, P.C. has helped thousands of landlords across Colorado navigate evictions, lease disputes, and tenant screenings. Whether you're dealing with nonpayment, lease violations, or complex notice requirements, our attorneys can step in early and guide you through every step of the process. Don’t risk doing this alone. Call 303-688-0944 or schedule your consultation online today. 

Colorado permits limited “no cause” evictions, allowing landlords to provide tenants with notice of non-renewal after a lease expires. Depending on the type of tenancy, the required notice period ranges from three to 91 days. Month-to-month agreements, which are considered periodic tenancies under C.R.S. 13-40-107, are subject to 21-day notices to terminate or the above demands for compliance in a for-cause or “just cause” eviction. 

“Cause” exists under Colorado law any time a tenant is in violation of the lease agreement. A “no-cause” or “no fault” non-renewal simply means the landlord has decided not to renew a lease once its term ends, and they aren’t alleging the decision was the tenant’s fault or resulted from a violation; however, there are only a limited number of reasons why a landlord cannot renew a tenant’s lease under “no fault.”

Colorado law lets landlords adjust lease terms, provided they comply with the state’s statutory notice requirements. One requirement involves the frequency with which landlords can raise rent. Regardless of whether the tenancy is month-to-month or a fixed-term, Colorado landlords can only raise rent prices once every 12 months. A rent increase is prohibited while a fixed-term lease, like a one-year agreement, is in effect. 

Failing to provide notice to terminate or not renew a lease in accordance with C.R.S. 13-40-107 comes with serious risks for a Colorado property manager. The law outlines the contractual notice terms for each type of lease duration. If the court finds a landlord’s notice is deficient, the termination can be deemed ineffective or non-compliant, which may result in a holdover tenancy situation or lawsuits alleging improper termination or retaliation. 

The non-renewal notice itself is technically a “no-fault eviction” under Colorado law. However, the phrase sounds scarier than it actually is. Unlike a for-cause or “just cause” eviction in Colorado, a no-fault eviction will not negatively impact your tenancy record unless you don’t move out. In that case, a landlord could file a court action to obtain an eviction judgment, which would be reflected on your tenancy record or visible through a background check.