The 6 Steps of a Colorado Eviction
Colorado follows a specific legal process for evictions, formally called Forcible Entry and Detainer (FED) actions. Each step must be completed in order — skipping a step or making a procedural error can delay your case by weeks or result in dismissal.
Serve a Demand Notice
Before you can file an eviction case in Colorado, you must first serve the tenant with the proper demand notice. The type of notice depends on the reason for eviction.
- Nonpayment of rent: Serve a 10-Day Demand for Compliance or Possession
- Lease violation: Serve a 10-Day Notice to Cure or Vacate
- Substantial violation: Serve a 3-Day Notice to Quit (no opportunity to cure)
- End of lease term: Serve a 21-Day Notice to Vacate (month-to-month tenancies)
Tip: The notice must be served properly — personal delivery, posting on the door with mailing a copy, or another method allowed under Colorado law. Keep proof of service.
Wait for the Notice Period to Expire
After serving the demand notice, you must wait for the full notice period to pass before filing with the court. Do not file early — the court will dismiss your case if the notice period has not fully expired.
- For a 10-day notice, count 10 full days starting the day after service.
- For a 3-day notice, count 3 full days (weekends and holidays still count).
- If the tenant cures the issue within the notice period, the eviction process stops.
File the Eviction Complaint with the Court
Once the notice period has expired and the tenant has not complied, you can file a Forcible Entry and Detainer (FED) complaint at the county court where the property is located.
- Complete the required court forms (Complaint, Summons, and supporting documents).
- Pay the filing fee (typically $85–$120 depending on the county).
- Initial filing must be done in person at the courthouse or through an authorized agent.
Tip: Colorado Court Help generates all the required forms for you — just answer the guided questions and download your completed documents.
Serve the Tenant with Court Papers
After filing, the tenant must be served with the Summons and Complaint. Colorado law requires service by a person who is at least 18 years old and not a party to the case.
- Personal service (handing documents directly to the tenant) is preferred.
- If personal service fails, you may use substitute service (posting + mailing).
- Service must be completed at least 7 days before the court date.
- File the proof of service with the court after serving the tenant.
Attend the Court Hearing
The court will schedule a hearing, typically 7–14 days after filing. Both you and the tenant will have the opportunity to present your case before a judge.
- Bring all documentation: the lease, demand notice, proof of service, photos, and payment records.
- If the tenant does not appear, the judge may grant a default judgment in your favor.
- If the tenant contests the eviction, the judge will hear both sides and make a ruling.
Tip: Arrive early, dress professionally, and organize your documents. Judges appreciate landlords who are prepared and follow proper procedure.
Obtain and Execute the Writ of Restitution
If the judge rules in your favor, you will receive a Judgment for Possession. If the tenant still does not vacate, you can request a Writ of Restitution from the court.
- The tenant typically has 48 hours after the writ is issued to vacate voluntarily.
- If the tenant remains, the sheriff will execute the writ and physically remove the tenant.
- You may not change locks, remove belongings, or shut off utilities yourself — only the sheriff can enforce the writ.
Estimated Timeline Overview
The total time from serving a demand notice to regaining possession of your property varies depending on the reason for eviction, tenant response, and court scheduling. Here is a general overview:
| Phase | Typical Duration |
|---|---|
| Serve demand notice | Day 1 |
| Notice period expires | Day 4–22 (varies by notice type) |
| File complaint with court | Day 5–23 |
| Serve tenant with court papers | Within a few days of filing |
| Court hearing | 7–14 days after filing |
| Judgment issued | Same day or shortly after hearing |
| Writ of Restitution (if needed) | 48 hours after writ issued |
| Total estimated time | 3–6 weeks (uncontested) |
* Contested cases or cases involving appeals can take significantly longer. These estimates are for straightforward, uncontested evictions.
Common Mistakes to Avoid
Many eviction cases are delayed or dismissed because of avoidable errors. Here are the most common mistakes Colorado landlords make:
Changing locks, removing belongings, or shutting off utilities without a court order is illegal in Colorado and can result in penalties.
Using the wrong notice or not waiting the full notice period will get your case dismissed.
Serving notice or court papers incorrectly is one of the most common reasons eviction cases fail.
Not bringing your lease, notices, proof of service, or payment records to court weakens your case.
Accepting rent after starting the eviction process can waive your right to proceed with the case.
Filing an eviction in response to a tenant exercising their legal rights (like reporting code violations) is prohibited.