Eviction Law in Colorado

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of Colorado eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Colorado tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

Colorado recently enacted legislation that makes it harder for landlords to evict tenants in the state. Under SB21-173, landlords cannot charge late fees until after the rent is seven days late. As well, late fees can now not exceed more than 5% of the tenant’s rent, or $50. Previously, landlords and tenants could negotiate the amount of late fees in a lease agreement.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate this rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any Colorado landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Some level of property damage is inevitable when tenants live in a home—normal wear and tear, like minor scratches on walls or broken blinds, is to be expected. However, there’s a clear difference between everyday wear and intentional destruction.

If a tenant is causing significant damage, such as breaking walls or smashing windows, it may be grounds for eviction. On the other hand, if the tenant addresses minor issues themselves and avoids making major alterations to the property, eviction may not be justified.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Colorado property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports can prove helpful.

How to Evict a Tenant in Colorado

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Colorado attorney can help review your case to determine if you do.

Under Colorado’s Rights in Residential Lease Agreements Act, landlords must first apply tenant payments to rent before applying any amount to a late fee debt. Additionally, landlords may not evict tenants for non-payment of late fees.

Step 2. Give a Formal Notice of Eviction

If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.

The eviction notice should include a deadline for the tenant to either pay rent or move out, and the amount the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.

According to the Colorado Courts, a landlord can send a Demand for Compliance or Right to Possession Notice for non-payment of rent, or for a minor violation. This notice gives the tenant 3 days to leave the property or pay the rent and cure the violation.

Alternatively, the landlord can send a Notice to Quit when they want to terminate the tenancy at the end of the term. This notice can also be used for minor and substantial violations. However, this notice doesn’t offer an opportunity to cure the violation. Keep in mind, that any notice must be served on every adult named on the lease or known to be living in the rental. If an occupant is not served, the eviction will not apply to that person.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons.

In Colorado, a County Court or District Court can hear an eviction case. Typically, most landlords file eviction cases in County Court due to the expedited timeline and lower costs of filing.

Step 4. Contact an Experienced Colorado Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Colorado law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Attorney in Colorado

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Colorado attorney on your side can take the pressure off your back, and help ensure a court victory. We can even help you connect with an attorney across Colorado state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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