EVICTION PROCESS IN COLORADO: A STEP-BY-STEP GUIDE FOR LANDLORDS AND TENANTS
Eviction is a process by which a landlord removes a tenant from a rental property. In Colorado, both landlords and tenants have rights and obligations when it comes to the eviction process. In this step-by-step guide, we will explain how the eviction process works in Colorado and what landlords and tenants need to know.
Step 1: Notice to Vacate
According to Colorado landlord-tenant law, before a landlord can begin the eviction process in Colorado, they must provide the tenant with a written notice to vacate. This notice must be served to the tenant in person, by mail, or by leaving it at the rental property. The notice to vacate must specify the reason for the eviction and give the tenant a deadline by which they must vacate the property.
Step 2: Filing the Eviction Complaint
If the tenant fails to vacate the property by the deadline specified in the notice to vacate, the landlord may file an eviction complaint with the court. The complaint must include a statement of the facts supporting the eviction, the amount of rent owed (if any), and any damages the landlord is seeking.
Step 3: Serving the Summons and Complaint
Once the eviction complaint has been filed, the landlord must serve the tenant with a summons and complaint. This can be done in person or by mail. The summons and complaint will give the tenant a deadline by which they must respond to the complaint.
Step 4: Tenant's Response
If the tenant wishes to contest the eviction, they must file a written response to the complaint with the court by the deadline specified in the summons and complaint. The response must state the reasons why the tenant believes they should not be evicted and any defenses they may have.
Step 5: Court Hearing
If the tenant does not respond to the eviction complaint or if the court finds in favor of the landlord, a court hearing will be scheduled. At the hearing, both the landlord and tenant will have an opportunity to present evidence and arguments to the judge. If the judge finds in favor of the landlord, an order for possession will be issued.
Step 6: Order for Possession
If the judge issues an order for possession, the tenant will be given a deadline by which they must vacate the property. If the tenant fails to vacate by the deadline, the landlord may request a writ of restitution from the court.
Step 7: Writ of Restitution
A writ of restitution is a court order authorizing the sheriff to remove the tenant from the property. The sheriff will provide the tenant with notice of the eviction and a deadline by which they must vacate the property. If the tenant still fails to vacate, the sheriff will physically remove the tenant and their belongings from the property.
