Most Common Eviction Mistakes Colorado Landlords Make

Eviction cases in Colorado get dismissed or delayed for preventable reasons every single day. A dismissed case doesn't just waste your filing fee — it resets the clock entirely, meaning you start over from the beginning while continuing to lose rent.

Here are the most common mistakes we see, ranked by how frequently they cause problems.

Mistake 1: Using the Wrong Notice Type

Different eviction grounds require different notices with different timelines. Using a 10-day notice when you need a 90-day notice — or citing the wrong statute — can invalidate the entire case.

The fix: Make sure the notice matches the specific ground for eviction and includes all required information. Colorado Court Help generates the correct notice for your situation automatically.

Mistake 2: Calculating the Notice Period Wrong

Notice periods are counted in specific ways, and mistakes here are extremely common:

• The first day of the notice period is the day after service
• Calendar days are used, not business days (for most notice types)
• Filing with the court before the notice period expires invalidates the filing

Example: You serve a 10-day nonpayment notice on January 15. Day 1 is January 16, and day 10 is January 25. The earliest you can file with the court is January 26. Filing on January 25 — even though it feels like "10 days later" — means your case gets dismissed.

Mistake 3: Improper Service of Notice

Colorado law specifies how notices must be served. The requirements depend on the type of notice and what your lease says about service methods.

Generally accepted methods include:

• Personal service — Handing the notice directly to the tenant
• Posting and mailing — Posting the notice on the door AND mailing a copy

What doesn't count:

• Texting the notice
• Emailing the notice (unless the lease specifically allows electronic notice)
• Leaving the notice under the door mat
• Telling the tenant verbally

Always document how and when the notice was served. Take a photo of the posted notice with a timestamp, keep the mailing receipt, or have a witness present during personal service.

Mistake 4: Filing Before the Notice Expires

This is a subset of Mistake #2, but it deserves its own section because it's the single most common reason for dismissal. Judges check the dates carefully. If you filed even one day early, the case will be dismissed — and you'll have to start the entire process over.

Mistake 5: Incomplete or Incorrect Court Forms

The FED complaint and supporting documents must be filled out completely and accurately. Common issues include:

• Wrong property address or unit number
• Misspelled tenant names or missing tenants (all adult occupants on the lease should be named)
• Incorrect rent amounts
• Missing required attachments (copy of notice, proof of service)
• Not signing the complaint

Courts will reject incomplete filings, which means another trip to the courthouse and more lost time.

Mistake 6: Accepting Rent After Serving Notice

This is a trap many landlords fall into. If you accept rent from a tenant after serving an eviction notice, you may have waived your right to proceed with the eviction based on that notice. The logic is that by accepting payment, you've implicitly agreed to continue the tenancy.

There are nuances — partial payments, payments under protest, and court-ordered payments may be treated differently. But the safest rule is: once you've served a notice, do not accept any payments without legal guidance.

Mistake 7: Attempting Self-Help Eviction

We covered this in our misconceptions article, but it bears repeating because it keeps happening. Landlords who change locks, shut off utilities, or remove tenant belongings face:

• Up to $5,000 in statutory damages
• Triple actual damages
• Tenant's attorney fees
• Potential criminal charges

No matter how frustrated you are, self-help eviction always makes the situation worse and more expensive.

Mistake 8: Ignoring the For-Cause Requirement

Under HB24-1098, many evictions now require documented for-cause justification. Landlords who file without meeting this requirement — or who cite a reason that doesn't qualify — will have their cases dismissed.

Make sure your eviction ground is legally recognized and that you have documentation to support it before filing.

How to Avoid All of These

The pattern behind every mistake on this list is the same: the landlord didn't know the specific requirement, or made an assumption that turned out to be wrong. Eviction law is procedural — it rewards precision and punishes guesswork.

The landlords who move through the process successfully are the ones who:

1. Use the correct notice for their specific situation
2. Calculate timelines accurately
3. Document every step
4. File complete, accurate paperwork
5. Follow the process as written, not as they assume it works

Colorado Court Help eliminates these mistakes by generating the correct documents for your situation and guiding you through each deadline. Start your case for $99.