Biggest Misconceptions About Evictions in Colorado
Many landlords enter the eviction process with assumptions that turn out to be wrong — and those assumptions often lead to costly mistakes. Here are the biggest misconceptions we see and the reality behind each one.
Misconception 1: "I Can Just Change the Locks"
This is the most dangerous misconception. Under C.R.S. § 38-12-510, self-help evictions are illegal in Colorado. You cannot:
- Change the locks
- Shut off utilities
- Remove doors or windows
- Move the tenant's belongings out
- Intimidate or threaten the tenant into leaving
The only legal way to remove a tenant is through a court order and sheriff enforcement.
Misconception 2: "Evictions Take Forever"
Many landlords avoid starting the process because they assume it will take months. The reality is more nuanced.
An uncontested nonpayment eviction — where the tenant doesn't fight the case — typically takes 3 to 6 weeks from the initial notice to the sheriff lockout. That includes:
- 10-day notice period
- 7-14 days for the court hearing
- 10-day mandatory wait after judgment
- 3-7 days for sheriff scheduling
Yes, contested cases take longer. But the majority of eviction cases in Colorado are uncontested — the tenant either vacates during the notice period or doesn't appear at the hearing.
The bigger risk isn't that the process takes too long — it's that landlords wait too long to start. Every month of delay is another month of lost rent.
Misconception 3: "I Don't Need a Specific Reason to Evict"
This used to be partially true for month-to-month tenancies, but HB24-1098 changed the landscape. Colorado now requires for-cause justification for most evictions, meaning you need a legally recognized reason such as:
- Nonpayment of rent
- Lease violations
- Criminal activity
- Owner move-in (with specific requirements)
- Property renovation requiring vacancy
- Withdrawal from the rental market
Simply deciding you want a different tenant or want to raise rent beyond what the current tenant will accept is no longer sufficient grounds for eviction in many situations.
Misconception 4: "The Tenant Has to Pay Rent During the Eviction"
Technically, rent continues to accrue during the eviction process. Practically, most tenants who are being evicted for nonpayment are not going to start paying during the case.
What landlords should know:
- You can include past-due rent in your court claim
- The judgment may include a monetary award for unpaid rent
- Collecting on that judgment is a separate process (wage garnishment, etc.)
- Some tenants will negotiate a payment plan to avoid an eviction on their record
Don't count on collecting back rent as part of the eviction itself. Focus on regaining possession of the property so you can re-rent it.
Misconception 5: "I Can Serve the Court Papers Myself"
You can serve the initial notice (10-day notice to pay, etc.) yourself — though having a third party do it creates better documentation. However, you cannot serve the court summons and complaint yourself.
Court papers must be served by:
- A process server
- The county sheriff
- Any adult over 18 who is not a party to the case
Since you are a party to the case, you are disqualified from serving these documents. Having a friend, family member, or professional process server handle it is required.
Misconception 6: "Once I Win in Court, the Tenant Is Out"
Winning in court gives you a judgment for possession, not immediate removal. Under HB21-1121, there's a mandatory 10-day waiting period before you can even request the Writ of Restitution. After that, the sheriff schedules the actual lockout.
Many landlords are surprised to learn that winning the hearing is roughly the halfway point of the process, not the end. Plan accordingly.
Misconception 7: "All Evictions Work the Same Way"
The process varies significantly based on:
- The reason for eviction — Notice periods range from 3 days to 90 days
- The county — Filing procedures, fees, and court schedules differ
- The tenant's response — Uncontested vs. contested cases have very different timelines
- The lease terms — Month-to-month vs. fixed-term leases have different rules
There is no one-size-fits-all eviction. Each case requires the correct notice, the correct filing, and the correct procedure for that specific situation.
The Bottom Line
Most eviction misconceptions stem from the same root issue: landlords don't know the current rules. Colorado eviction law has changed significantly in recent years, and what worked (or what a landlord heard from a friend) five years ago may not apply today.
The best way to avoid these mistakes is to understand the current requirements before you start. Getting it right the first time is always faster than starting over.
Not sure what applies to your situation? Colorado Court Help generates the correct documents for your specific case and guides you through each step.
