Every step, every statute, every timeline: C.R.S. § 38-12 (Tenants and Landlords)
Colorado eviction: a process with distinct rules. Landlords with 1-20 units must understand these specifics. Missteps delay possession, increase costs. This guide outlines the steps required under Colorado law.
The controlling statute for Colorado landlord-tenant relations is C.R.S. § 38-12 (Tenants and Landlords). This statute dictates notice periods, court procedures, and acceptable reasons for eviction. Unlike some states, Colorado does not have statewide just-cause eviction. This means landlords are not required to provide a "just cause" for ending a tenancy beyond the terms of the lease, provided proper notice is given. However, local ordinances can vary. Always check local city and county regulations in addition to state law.
Colorado’s posture leans toward clear, defined processes. Deviations from these processes invalidate notices, forcing restarts. The key regulators are the state legislature, which amends C.R.S. § 38-12, and the various county courts, which interpret and apply these statutes. For the everyday landlord, this means strict adherence to notice periods and filing procedures. Skipping a step, or using an incorrect form, sets you back.
A practical bottom line for landlords: precision matters. Don't use generic online forms; use Colorado-specific forms. Don't guess notice periods; calculate them exactly. A common landlord mistake: delivering a 3-day notice to quit for non-payment when Colorado law requires a 10-day notice. This invalidates the notice. The tenant can then argue improper notice in court, and the judge will dismiss the case. You then restart the entire process, losing weeks of rent and incurring additional legal fees.
Colorado defines specific notice periods for different eviction types:
These notice periods are not suggestions. They are legal requirements. Serving a 30-day notice for a no-cause eviction when a 91-day notice is required will result in case dismissal. This costs the landlord time, court filing fees, and potentially attorney fees. Do not serve a 3-day notice for non-payment; serve a 10-day notice. Do not serve a 30-day notice for a no-cause eviction; serve a 91-day notice.
Colorado also regulates security deposits. The maximum security deposit a landlord can collect is 2.00 months' rent. This cap is firm. Collecting more than this amount is a violation of C.R.S. § 38-12. Landlords must return the security deposit within 30 days of lease termination or within 60 days if the lease specifies this extended period. Failure to return the deposit or provide an itemized statement of deductions within the statutory period can result in the landlord owing the tenant three times the amount of the deposit wrongfully withheld, plus attorney fees. For example, if a landlord wrongfully withholds a $1,500 deposit, they could owe the tenant $4,500 plus legal costs. This is a significant financial risk for landlords.
As of recent legislative sessions, Colorado has seen increased legislative activity regarding landlord-tenant law. One area of focus has been the expansion of tenant protections. For instance, discussions have included potential changes to notice periods or the introduction of additional requirements for eviction filings. Landlords must remain aware of these ongoing legislative efforts, as new laws can significantly alter the eviction process. Staying informed through reputable legal resources or landlord associations is crucial. What is true today regarding notice periods or tenant rights may change with new legislation. Ignorance of new laws is not a defense in court.
The Colorado eviction process is not self-executing. It requires active participation from the landlord, adherence to strict timelines, and accurate documentation. Understanding C.R.S. § 38-12 and any applicable local ordinances is the first step toward a successful eviction when necessary. This guide will break down each phase, from initial notice to court proceedings and final possession. Follow each step precisely to minimize risk and expedite the process.
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Nonpayment of rent | 10 days | C.R.S. 13-40-104(1)(d) | 10 days written demand for compliance. HB19-1118 (2019) changed this from 3 days. Tenant who pays in full within 10 days stops the eviction. |
| Material lease violation | 10 days | C.R.S. 13-40-104(1)(e) | 10 days to cure non-monetary lease violation. If cured, tenancy continues. |
| Substantial violation | 3 days | C.R.S. 13-40-107.5 | 3 days unconditional for drug activity, weapons offenses on the premises, or repeat material violations. No cure right. |
| No-fault termination (owner move-in, renovation) | 90 days | C.R.S. 13-40-104 (HB24-1098) | 90 days notice for no-fault grounds under the just-cause framework. May trigger relocation assistance requirements. |
| End of fixed-term lease for legitimate business reason | 0 days | C.R.S. 13-40-104 (HB24-1098) | Fixed-term leases may end on their natural expiration if the landlord has a legitimate business reason not to renew. Vague no-renewal positions face challenge under HB24-1098. |
10-day demand for nonpayment or curable breach; 3-day for substantial violation; 90-day for no-fault under HB24-1098. Check just-cause coverage before serving.
County Court for the county. Filing fee $97-$135. Attach lease, demand, proof of service.
Sheriff or process server delivers summons. Return date 7-14 days after filing.
Bench hearing. Common defenses: improper notice, habitability, retaliation. Same-day judgment in uncontested cases.
No statutory post-judgment grace period. Sheriff executes within 10 days typically; Denver and Adams stretch to 14.
This section details Colorado-specific considerations for landlords pursuing eviction. Adherence to state law, primarily C.R.S. § 38-12 (Tenants and Landlords), is non-negotiable. Deviations can result in dismissed cases, fines, and legal fees.
Colorado mandates specific notice periods. For non-payment of rent, a 10-day notice to quit is standard. This means the tenant has ten full days to cure the breach or vacate. Do not count the day of service. For a no-cause termination of a month-to-month tenancy, a 91-day notice is required for tenancies of one year or more. For tenancies of six months to one year, it's 21 days; for one to six months, it's 7 days; and for less than one month, it's 3 days. Always double-check the lease term against the notice period.
Don't serve a notice that expires on a weekend or holiday. While not legally invalidating, it can create confusion and delay the tenant's ability to pay or move, potentially leading to arguments in court. Serve notices to expire on a business day. This avoids ambiguity.
A common landlord mistake: attempting to serve a 3-day demand for compliance or possession for a non-payment issue. Colorado law moved past this. For non-payment, use the 10-day notice. Using the wrong notice will get your case dismissed. Always refer to the most current version of C.R.S. § 38-12 for specific notice requirements based on the lease term and reason for termination.
Colorado does not have statewide just-cause eviction requirements. This means for most tenancies, landlords can terminate without stating a specific "just cause" as long as the proper notice (e.g., 91-day for longer tenancies) is given and it's not discriminatory or retaliatory. However, some municipalities have implemented their own just-cause ordinances. Boulder, for instance, has just-cause requirements. Denver has similar discussions ongoing. Always check the specific ordinances of your city or county before issuing a no-cause notice. Ignorance of local law is not a defense.
These local ordinances often define specific reasons a landlord can terminate a tenancy, such as lease violations, failure to pay rent, or owner occupancy. They can also mandate relocation assistance for tenants evicted without cause. For example, Boulder's ordinance requires relocation assistance in certain no-fault evictions.
Colorado law caps security deposits at 2.00 months' rent. Any amount collected above this cap is illegal. Landlords must return the security deposit or provide a written itemized statement of deductions within 30 days of the tenant vacating the premises, or within a shorter period (not less than 14 days) if specified in the lease. Failure to do so can result in the landlord forfeiting the right to withhold any portion of the deposit and potentially owing the tenant treble the amount wrongfully withheld, plus attorney fees.
A specific example of a common mistake: deducting for "normal wear and tear." Colorado law is clear: landlords cannot charge for normal wear and tear. This includes minor scuffs on walls, faded paint, or worn carpet. Document move-in condition thoroughly. Use photos and videos. This protects you if a tenant claims wrongful deductions.
As of recent legislative sessions, Colorado has seen a push for increased tenant protections. One significant area of focus has been the "warranty of habitability." While already enshrined in C.R.S. § 38-12-507, recent legislative efforts have aimed to strengthen this by, for example, limiting a landlord's ability to evict a tenant for non-payment of rent if the landlord is in breach of the warranty of habitability. This means if you fail to address serious repair issues (e.g., lack of heat, broken plumbing) in a timely manner, and the tenant withholds rent due to that failure, an eviction for non-payment may be unsuccessful. Stay current on these changes. They directly impact your ability to pursue eviction.
Another area of legislative attention involves the expansion of legal aid for tenants and restrictions on "no-fault" evictions, particularly in specific situations or for certain tenant demographics. While not yet statewide just cause, these discussions indicate a trend towards more regulated tenancy terminations. Consult with legal counsel familiar with Colorado landlord-tenant law for the most up-to-date guidance.
Once notice periods expire and the tenant remains, file a Summons and Complaint for Forcible Entry and Detainer (FED) with the appropriate county court. This is a specific legal form. Do not use generic eviction forms. The court issues the summons. Service of process must be performed correctly. This means a sheriff or private process server delivers the summons and complaint to the tenant. Improper service will lead to dismissal.
The first court appearance is typically a return date, where the tenant can respond to the complaint. If the tenant fails to appear, a default judgment may be entered. If they appear, a trial date is set. Colorado courts move quickly on FED cases. Be prepared to present your case, including lease agreements, notices served, payment ledgers, and any communication with the tenant.
After a judgment for possession, the landlord can request a Writ of Restitution. This is the order allowing the sheriff to physically remove the tenant and their belongings. The sheriff will schedule the set-out. Landlords are generally required to be present at the set-out. Do not change locks or remove tenant belongings yourself before the sheriff executes the Writ of Restitution. This is an illegal lockout and carries severe penalties, including potential liability for damages, attorney fees, and treble damages. Let the legal process run its course.
Landlords must store any personal property left behind by the tenant for a reasonable period, typically 30 days, and provide notice to the tenant of where to retrieve it. Check C.R.S. § 38-12-509 for precise requirements regarding abandoned personal property.
30 to 45 days uncontested from demand to sheriff lockout in most counties. Denver and Adams County run on the longer end due to volume; Boulder, El Paso, Larimer faster. Contested cases involving the Eviction Legal Assistance Fund representation add 14 to 30 days. HB24-1098 just-cause cases (no-fault grounds requiring 90-day notice) start at 100+ days minimum.
Statewide just-cause eviction as of October 1, 2024. A landlord may no longer non-renew a residential tenancy without one of the statutorily enumerated grounds. For-cause: nonpayment, substantial violation, end of fixed term for legitimate business reason. No-fault: owner move-in, substantial renovation, withdrawal from rental market. No-cause month-to-month termination no longer works. Most Colorado property managers shifted to rolling for-cause analysis after the law went into effect.
Yes, for nonpayment. C.R.S. 13-40-104(1)(d) gives the tenant 10 days to cure by paying the full arrears. Payment within the 10 days restores the tenancy and the case ends. Many Colorado landlords with experienced tenant defendants negotiate cash-for-keys during the 10-day window rather than face an extended cure process; the math often favors a quick settlement.
No. Self-help eviction is prohibited under C.R.S. 38-12-510 with damages including three months rent or three times actual damages, whichever is greater, plus attorney fees. Denver and Boulder county courts award the statutory maximum frequently in well-documented cases. The sheriff must execute the writ.
Established by C.R.S. 13-40-127 in 2023. Provides representation to income-eligible tenants in eviction cases through partner legal-aid organizations (Colorado Legal Services, Denver Bar Association volunteer lawyers, etc.). Coverage by county varies: Denver, Adams, Boulder, and El Paso have the strongest coverage. Representation has measurably shifted outcomes in covered counties: tenants with counsel win or settle favorably at substantially higher rates than pro se tenants.
So what changed in practice? Statewide just cause under HB24-1098 went into effect October 1, 2024. The practical effect through 2025 was that no-cause month-to-month terminations stopped working for tenancies past their fixed-term end. Landlords who wanted to non-renew now must either fit one of the no-fault categories (owner move-in, substantial renovation, withdrawal) and serve a 90-day notice, or wait until a for-cause ground develops. Most Colorado property managers have shifted to month-to-month leases with rolling for-cause analysis as a result.
The harder question: whether the just-cause statute will survive the 2026 legislative session intact, or whether opposition from landlord groups will lead to amendments narrowing the no-fault grounds or expanding exemptions. Verify the current version of HB24-1098 at the Colorado General Assembly website before relying on any specific procedural detail.
Informational only, not legal advice. Consult a licensed Colorado attorney. Source attribution in the Sources band below.
