Colorado Eviction Process [2025]

Eviction in Colorado—a state whose name derives from the term for “colored red” in Spanish—follows a similar procedure to the rest of the United States. The process is sanctioned by a set of federal, state, and local laws, all of which aim to protect both tenants and landlords from unfair treatment. Operating within those regulations will help ensure your legal footing in the event of eviction.

Colorado does have a few laws unique to it, such as a variety of notice periods depending on the landlord’s portfolio. While landlords with larger portfolios may have to wait through 10-day notice periods, some smaller landlords may only have to wait through a 5-day one.

If you own and rent properties in the state of Colorado, you are responsible for complying with Colorado laws to evict a tenant. Rental and eviction laws tend to be volatile, so it’s important you stay up to date on any new or potential legislation that may affect your business. In this article, we break down each step of the legal eviction process in Colorado, squatters’ rights, reasons for eviction, and more.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. Colorado’s eviction laws can be found at CRS § 13-40-40.1.

NEW! 2025 Colorado Eviction Law

Laws surrounding eviction are a hot button topic and are likely to experience changes every few years. Recently, the following legislative change has been made:

• Cause For Residential Evictions (HB 24-1098): Under this law (Article 13 added in 2024), Colorado landlords cannot refuse to renew a residential lease or evict a tenant without cause. They must offer lease renewals to tenants by default, unless exceptions apply, or evict the tenant "for cause."

Reasons for Eviction in Colorado

In Colorado, tenants can be evicted for nonpayment of rent, substantial lease breaches, and criminal acts.

Nonpayment of Rent

Rent is considered late if unpaid the day it’s due per the lease, but the state of Colorado legally mandates a 7-day grace period for nonpayment of rent. This means that late fees cannot be incurred, and the eviction process may not begin until 8 days past the rent’s due date. Following the grace period, landlords may generally issue a 10-day notice to pay all due rent or quit the premises.

However, there are a few exemptions depending on the kind of property and the landlord’s portfolio. For example, if the property is a single-family home and the landlord owns five or fewer single-family rental homes, they may instead issue a 5-day notice for nonpayment of rent. Employer-provided housing, in contrast, only requires a 3-day notice period. (CRS § 13-40-104(1)(d),(5)(b))

Lease Violations

Tenants who breach a term of the lease are subject to eviction by their landlord. Examples of violations include:

• Unauthorized tenants or animals living on the property
• Holding over after the lease term has expired
• Damage to the property beyond wear and tear

Many lease violations are curable, which means the landlord can send a notice to cure or quit (which gives the tenant the opportunity to fix the breach to avoid eviction). Illegal activity, which we’ll discuss in the following section, typically warrants an unconditional notice to quit.

Generally, landlords may issue a 10-day notice to cure or quit, but the same exemptions mentioned in the previous section apply. If the landlord exclusively rents out five or fewer single-family homes, they may issue a 5-day notice to cure or quit. Likewise, employer-provided housing must only issue a 3-day notice to cure or quit.

Illegal Activity

Tenants (and their guests) who commit criminal or illegal activity during the lease term may be subject to eviction. Colorado law (CRS § 13-40-104(2)) states that:

“It is declared to be an implied term of every lease of real property in this state that the tenant shall not commit a substantial violation while in possession of the premises.”

Substantial violations, per Colorado law, generally put tenants, their neighbors, the property, and others, in harm’s way. A few examples include:

• • Violent or drug-related felonies that occur on or near the premises
  • Criminal acts in violation of federal, state, or local laws that occur on the premises and carry an incarceration sentence of 180 days or more
  • Acts that have been declared to be a public nuisance by state law

If an illegal act is discovered, the landlord may evict a tenant with an unconditional 3-day notice to quit the premises.

Additional Reading: Colorado Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in Colorado

1. Landlord serves a three- or ten-day eviction notice.
2. Landlord files an eviction lawsuit with the court.
3. Court serves tenant the summons.
4. Tenant files an answer.
5. Landlord and tenant attend court hearing and receive judgment.
6. Tenant gets 48 hours to move out.
7. Sheriff arrives to forcibly remove the tenant.

1. Landlord Serves a Three- or Ten-Day Eviction Notice.

If any of the above lease violations occur, the landlord must first serve one of the following eviction notices and state that the tenant has the corresponding number of days to remedy or cure the violation:

• Rent Demand Notice: 10, 5 or 3 days to pay or quit. If rent is unpaid when due, the landlord must deliver this notice stating the amount of unpaid rent and late fees required to remedy the breach and the date on which the lease will terminate if they are not paid (not less than ten business days after receipt of the notice) (CRS § 13-40-104(1)(d)).
• Lease Violation Notice: 10, 5 or 3 days to cure or quit. If the tenant violates a lease term, the landlord must deliver this notice stating the breach and what is required to remedy it, as well as the date on which the lease will terminate if the tenant does not cure the breach (not less than ten days after receipt of the notice) (CRS § 13-40-104(1)(e)).
• Unconditional Notice to Quit: 3 days to quit. This notice gives no opportunity to “cure” the violation and applies if the tenant commits any “substantial violations” as per CRS § 13-40-107.5.

According to Colorado eviction laws, all notices to quit must be served either by delivering a copy to the tenant, delivering a copy to another resident of the rental unit, leaving it with a member of the tenant’s family over fifteen years old, or, if no one is available, posting the notice in a conspicuous place on the premises (CRS § 13-40-108).

2. Landlord Files an Eviction Lawsuit with the Court

If the tenant has not cured the breach at the end of the notice period (or if the violation is uncurable and the notice period expires), the landlord can then file an eviction complaint in either the Colorado District Court or Colorado County Court with jurisdiction over the region where the property is located. To do so, the landlord will need to request, complete, and submit an Eviction Complaint and Affidavit form (downloadable here) with the appropriate court.

If the complaint is filed at a county court and the monthly rental value of the landlord’s property is more than $25,000, the county court will suspend proceedings and transmit the case to the district court in the same county. County courts can only enter judgments for rent, damages, and eviction counterclaims when the claim (either the landlord’s or the tenant’s) is less than $25,000 (CRS § 13-40-109).

The landlord’s complaint should include the following as per CRS § 13-40-110:

• A description of the property with reasonable certainty
• The lease violation or grounds for the eviction
• The tenant’s name
• The amount of rent due
• The rate rent is accruing
• The amount of any damages due and the rate they are accruing

The landlord will also be required to pay a filing fee at this time. For civil evictions filed in county court, the fee depends on the claim amount: The fee is $85 for claims $999.99 or less, $105 for claims between $1,000.00 and $14,999.99, and $155 for claims between $15,000 and $25,000. For actions filed in district court, the fee is always $235.

3. Court Serves Tenant the Summons

Once the complaint is filed, the clerk of the court will issue a summons. The Court Summons will demand that the tenant appear in court on a date between seven and fourteen days from the filing date, and it will include a list of available resources with website links and phone numbers for residential tenants to receive legal aid and rental assistance (CRS § 13-40-111(5)). The summons will also inform the tenant that they must file a written answer to the landlord’s complaint.

The summons must be served with a copy of the complaint by someone who is not a party in the case and is least 18 years old, as in any other civil action. If the sheriff serves the summons, they can charge a fee equaling the actual expenses of service, up to $35 (CRS § 30-1-104(1)(a.5)).

If personal service cannot be made as required under the Colorado Rules of Civil Procedure, the server can post a copy of the summons and complaint in a conspicuous place, and the landlord should mail a copy to the tenant as well. The summons should be served at least seven days before the court date (CRS § 13-40-112).

4. Tenant Files an Answer

After receiving the summons, the tenant must file an Answer with the court, which may state:

• Why the tenant believes they have a right to remain in the property
• Whether the tenant admits or denies the landlord’s allegations
• Whether the landlord gave proper notice (note, this defense can only be raised before the hearing–they cannot raise this defense for the first time in court).

The tenant will be required to pay a filing fee to the clerk of the court upon filing the answer. If the tenant is making a claim that the withheld rent due to the landlord’s failure to make necessary repairs, the court will require the tenant to pay the rent due into the registry of the court (CRS § 13-40-111(1)).

Once the answer is filed, the court will set a date for the court hearing between seven and ten days after the answer is filed. An additional ten days may be granted as a continuance to either party if they can demonstrate good cause for why the hearing should be delayed. This continuance policy does not apply to eviction lawsuits based on substantial violations (CRS § 13-40-113).

If the tenant does not file an answer on or before the court date, the judge may enter a default judgment for possession, damages, and costs in the landlord’s favor.

5. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgement. The judgment will decide who is entitled to possession of the property.

If the landlord wins, the court will grant an order for possession of the premises and issue a writ of restitution. The court will also enter judgment for any amounts due to the landlord (unpaid rent and bills) as well as reasonable attorney’s fees and costs (CRS § 13-40-115).

Either party can appeal the judgment to the district court (CRS § 13-40-117).

6. Tenant Gets 48 Hours to Move Out

The Writ of Restitution will not be issued until at least 48 hours after the entry of the judgment. The tenant, thus, has two full days to quit the unit before an officer can arrive to forcibly remove the tenant (CRS § 13-40-122).

7. Sheriff Arrives to Forcibly Remove the Tenant

If the tenant does not move out within 48 hours, the writ may be executed by the county sheriff’s office (either by a sheriff, undersheriff, or deputy sheriff). The landlord must take the writ to the sheriff’s office and arrange for an officer to be sent to the property to forcibly remove the tenant and restore possession to the landlord (CRS § 13-40-122(2)). After the eviction, the sheriff may charge the landlord for actual expenses up to $200, ore more if the eviction took longer than two hours (CRS § 30-1-104(1)(gg)).

The landlord is not required to store the tenant’s personal property once it is removed from the premises during or after the eviction. The landlord has no duty to inventory the property or determine the ownership or condition of it, and they are also immune from liability for any losses or damages to the tenant’s property. However, if the landlord does choose to store the tenant’s belongings, they may charge the tenant the reasonable costs of storing it. They must either dispose of it under lien rights or allow the tenant to retrieve it after paying reasonable storage charges (CRS § 13-40-122(3-4)).

Evicting a Squatter in Colorado

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria.

What are squatters rights in Colorado? In Colorado, squatters must have lived in the property for eighteen consecutive years or held color of title and paid property taxes for seven consecutive years to invoke Colorado squatters rights and claim right of possession (CRS § 38-41-101, 38-41-108). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in Colorado to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in Colorado, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter an eviction notice as per Colorado eviction law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: Colorado Squatter's Rights & Adverse Possession Laws [2025]

How Much Does an Eviction Cost in Colorado?

This chart shows estimates of the approximate cost of an eviction in Colorado, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of an eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does an Eviction Take in Colorado?

The chart below shows an estimate of the duration of each part of the eviction process. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

Evictions are time-consuming, costly, and stressful. Fortunately, you can minimize the risk by taking proactive steps early in the rental relationship. Here are some best practices for Colorado landlords:

• Screen all applicants thoroughly using credit, criminal, background, and eviction history checks to help identify potentially risky tenants before they sign a lease.
• Schedule periodic property inspections to catch lease violations or maintenance issues early (this helps ensure compliance and protects your investment).
• Draft straightforward, plain language lease agreements that clearly define tenant and landlord responsibilities to minimize confusion and reduce disputes.
• Practice reasonable flexibility when appropriate—short grace periods or one-time accommodations can preserve tenant relationships and prevent small issues from escalating.
• Keep communication open and professional so tenants are comfortable bringing up issues early, giving you the chance to address problems before they become grounds for eviction.
• Don’t default to eviction right away, instead consider offering solutions like payment plans or short-term lease adjustments to resolve issues without going to court.

Additional Reading: Colorado Background Checks & Screening Online

Sometimes, evictions are a natural part of the rental property game. In the event that you can't avoid one, make sure that you:

• Strictly adhere to court procedures and deadlines to avoid delays or having your case dismissed.
• Maintain thorough documentation of tenant communications, rent payments, notices, and lease violations, as these records can be critical in court.
• Use property management software to automate notices and securely store digital records that are easy to retrieve and present as evidence if needed.
• Never use “self-help eviction” tactics like changing locks, shutting off utilities, or removing a tenant’s belongings—these actions are illegal and can lead to serious legal consequences.
• Avoid accepting partial payments once eviction proceedings have begun, as this can complicate your case or delay legal proceedings if not done properly.
• Consult legal professionals, such as eviction attorneys, as they can represent you in court and/or guide you through the process.

Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal Colorado eviction process, you can feel more confident pursuing an eviction in this state.

FAQs

Is there a grace period for rent in Colorado?

Colorado mandates a 7-day grace period for rent payments before late fees can be incurred or eviction proceedings begin.

What are "substantial violations" under Colorado eviction law?

These include violent felonies, drug-related offenses, or acts declared as public nuisances.

How long does the eviction process typically take in Colorado?

The process can take from three weeks to several months, depending on various factors.

What should landlords bring to the eviction hearing?

Important documents include the lease agreement, eviction notice, and proof of the lease violation.

How many days' notice must a landlord give for nonpayment of rent?

Landlords generally issue a 10-day notice, but there are exceptions for smaller portfolios or specific property types (e.g., single-family homes where a 5-day notice may apply).

Court Forms

• Notice to Terminate Tenancy
• Notice and Demand for Compliance and Right of Possession (Cure or quit)
• Eviction Complaint and Affidavit (Forcible Entry and Detainer)
• Court Summons: Eviction/Forcible Entry and Detainer
• Answer Under Simplified Civil Procedure
• Writ of Restitution

Additional Resources

• Instructions for Forcible Entry and Detainer (FED)/Eviction – Official Colorado Judicial Branch document outlining the steps of the legal eviction process.
• Colorado Court Filing Fees – This site the fees for filing various types of actions in the different Colorado courts.
• Filing Fees, Surcharges, and Costs in Colorado State Courts – More information about court fees in Colorado.
• Colorado Judiciary Guide to Eviction Cases – Includes a breakdown of the eviction process in Colorado from the Colorado judicial branch.
• Colorado Law Summary: Renters’ Rights – Plain language summaries on the legal responsibilities of both landlords and tenants.