A Guide to the Eviction Process in Fort Collins, CO

A rental agreement obligates tenants to certain responsibilities. Including, paying rent on time, caring for the unit, reporting maintenance issues on time, and using the property for its intended purposes.

If a tenant fails to honor such obligations, a landlord has a right to terminate the lease. But to do so, landlords must strictly follow Colorado eviction laws. It’d be illegal to try to evict the tenant using any method other than that outlined under Colorado landlord-tenant laws.

The following is the Colorado eviction process that dictates what rules a landlord should follow when evicting a tenant from their rental property.

What’s the Eviction Process in Colorado? Here is a Guide

As a savvy landlord, only consider evicting residential tenants from their rented premises as a last resort. This is because the process can be stressful, costly, and time consuming. So, unless landlords have to do it, please consider other alternative solutions like mediation.

A landlord could also work with a property management expert to ensure the process takes as little time as possible. With that in mind, the following is the step-by-step process landlords must follow when evicting a tenant in Colorado.

Step #1: Have Legal Ground

Landlords can only begin a tenant eviction process once they have a legal ground. The following are among the lawful grounds for tenant eviction under Colorado eviction laws:

• Failure by the tenant to pay rent on time.
• Staying after the lease has expired.
• Violating a term of the lease.
• Committing or engaging in illegal activity.

Beyond these reasons, the landlord would most likely be carrying out an illegal eviction against the tenant.

Step #2: Terminate the Tenancy

Once the landlord has any of the aforementioned reasons, the next step to take would be to terminate the tenancy. This means that the landlord would have to serve the tenant with the appropriate notice.

The following are different types of eviction notices to choose from depending on the type of violation the tenant has committed.

Notice for Nonpayment of Rent

For tenants who haven’t paid rent, the required notice period varies depending on the property type, and the notice is typically called a notice for nonpayment of rent.

• A 3-day notice to pay or quit applies to tenants in employer-provided housing.
• A 5-day notice is required for tenants in exempt rental properties.
• For most other residential tenancies, landlords must provide a 10-day notice to pay or quit. This notice period allows tenants time to pay overdue rent before further legal action can be taken.

Rent becomes late a day after it’s due. This is often on the 2nd day of every month or after the grace period. If the tenant doesn’t pay the rent due within the required notice period, the landlord can file a lawsuit in court.

Notice for Lease Violations

For breaches of lease terms such as unauthorized pets, excessive noise, or property damage, a Cure or Quit Notice is used. This notice grants tenants time, usually 10 days, to resolve the violation.

If the issue is not corrected within the allotted period, the Colorado landlord may initiate the eviction process. This type of notice emphasizes the importance of adhering to lease agreements.

Unconditional Quit Notice

In severe cases, landlords may issue an Unconditional Quit Notice requiring the tenant to vacate immediately. This is reserved for specific circumstances, such as:

• Illegal activity on the premises, including drug-related offenses.
• Serious endangerment of public health or safety.
• Significant property damage.

This notice does not provide the tenant with an opportunity to correct their behavior or violation. Instead, it demands the tenant vacate the property immediately, reflecting the seriousness of the situation.

Colorado law also requires landlords to document these violations thoroughly before proceeding with this type of notice.

Notice for No-Fault Evictions

For no-fault evictions, landlords must provide written notice to terminate the tenancy based on its duration:

• 1-day notice for tenancies lasting less than a week.
• 3-day notice for tenancies lasting between 2–4 weeks.
• 21-day notice for tenancies lasting 2–6 months.
• 28-day notice for tenancies lasting 6–12 months.
• 91-day notice for tenancies lasting longer than one year.

Colorado law requires landlords to serve eviction notices in one of the following ways:

• Hand-delivery: Deliver the notice directly to the tenant.
• Substituted service: If the tenant is unavailable, leave the notice with a responsible individual at the residence who is at least 15 years old.
• Posting: As a last resort, post the notice in a conspicuous location on the rental property, such as the front door.

Landlords should document the delivery method and date to ensure compliance with legal requirements.

Step #3: Wait for the Tenant to Respond

Once the landlord files a summons and complaint with the court, tenants have 7 days from the date of service to file an answer. If the tenant files an answer, the court will schedule a hearing to review the case.

If the tenant does not respond, the landlord can request a default judgment. Proper documentation and evidence, such as the lease agreement, proof of notice delivery, and any tenant correspondence, are crucial for landlords to succeed in court.

Tenants in Colorado may raise several defenses in an eviction case, including:

• No lease violation occurred: The landlord cannot provide evidence of a breach.
• Improper notice: The notice did not meet legal requirements in terms of delivery, content, or timeline.
• Violation was cured: The tenant resolved the issue, such as paying overdue rent or addressing a lease violation, within the notice period.
• Retaliation: The tenant's use of legal rights, such as reporting unsafe circumstances, led to the eviction.
• Discrimination: The eviction violates the tenant’s rights under the Fair Housing Act, based on protected characteristics such as race, color, or national origin.

If the tenant can substantiate any of the aforementioned defenses, further eviction proceedings will need to stop. The landlord may need to start all over again, in the case of errors; or, stop the proceedings altogether. In the latter case, the tenant may even request the court to hold the landlord liable for certain damages.

Step #4: Removal of the Tenant

As a landlord, you may get a favorable ruling if the court makes a default judgment, or if the hearing results in a favorable judgment. Regardless, you’ll be issued with a writ of restitution.

This will mandate the sheriff or their deputy to remove the tenant forcefully if necessary. Colorado law doesn’t place any specific time frame on when the removal process should take place. It’d be upon you to schedule a time with the sheriff’s department.

Conclusion

For an eviction against a tenant to be successful, strict adherence to Colorado eviction laws is necessary. And luckily for you, you’re now familiar with the entire process. For expert help in any aspect of property management, look no further than Allegiant Property Service.

We provide reliable and professional property management services in Fort Collins and all of the surrounding areas of North Colorado. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.