Eviction Process in Colorado
Eviction Process in Colorado
If you are being evicted in the state of Colorado, you may not know how to proceed. Learning about the eviction process in Colorado can help you understand your rights and options under the law. After reading this guide, you will understand the steps involved in the eviction process in Colorado and how long each step will take.
Your landlord must start the eviction process in Colorado by giving you notice and, in some cases, an opportunity to cure any breaches you have made. If you do not pay rent, or otherwise violate the terms of your lease agreement with your landlord, you can be given a three day “demand for compliance” or “right to possession” notice. These notices will inform you as to what you have done wrong and tell you how to correct any wrong that has been done. If you are late paying rent, for instance, you will have three days to make the full payment that is due.
If you have repeatedly violated your lease or are violating it in a substantial way, your landlord does not have to give you an opportunity to correct the problem after giving you notice in the eviction process in Colorado. This kind of notice, a notice to quit, simply informs you that you have three days to leave the premises before eviction proceedings begin.
Court Filings and Hearings
If you have not vacated the premises or paid your rent after the three day period is over, your landlord can continue the eviction process in Colorado by filing a lawsuit at the county courthouse. An eviction lawsuit in Colorado is called a “forcible entry and detainer” suit. You will be served with a copy of the complaint and summons and told a date for a hearing.
A hearing will be scheduled where both your landlord and you can tell your sides of the story. If you do not wish to appear at the hearing, you are not required to, but your landlord will win the suit by default and the eviction process in Colorado will continue against you. If you do go to the hearing, you may be able to win by proving that your landlord breached the lease agreement.
Writ of Restitution
If your landlord wins in court, he or she will be given a copy of a Possession Judgment to serve you with. The possession judgment gives you 48 hours to vacate your property before your landlord can return to court for a writ of restitution. A writ of restitution allows the sheriff to forcibly remove you from the premises.
Your landlord is not allowed to intimidate or threaten you at any time during the eviction process in Colorado. Your landlord cannot turn off your utilities or lock you out of your house (although the sheriff is allowed to do both of these things after a writ of restitution has been obtained). If you leave personal belongings in your residence after being evicted, your landlord is allowed by Colorado law to dispose of them as he or she sees fit.