What Landlords Should Expect During the Eviction Process
If you've never been through an eviction in Colorado, the process can feel uncertain. How long will it take? What happens at each stage? What can go wrong? This guide walks through the entire timeline so you know exactly what to expect.
Step 1: Serve the Correct Notice
Every eviction begins with a notice. The type of notice — and how long the tenant has to respond — depends on the reason for eviction.
• Nonpayment of rent: 10-day notice to pay or vacate
• Substantial lease violation: 10-day notice to cure or vacate (for curable violations)
• Repeat violation: 10-day notice with no opportunity to cure (if same violation was cured once before within 12 months)
• No-fault / non-renewal: 21-day notice (tenancy under 1 year) or 90-day notice (tenancy of 1+ years under HB24-1098)
• Criminal activity: 3-day notice (for specific serious offenses)
The notice must be served correctly — personal delivery, posting and mailing, or another method allowed by Colorado law. Improper service is one of the most common reasons cases get thrown out.
Important: The notice period doesn't start until the day after service. If you serve a 10-day notice on March 1, the earliest you can file with the court is March 12 (day 1 is March 2, day 10 is March 11, and you file the next day).
Step 2: File the FED Complaint
If the tenant doesn't comply by the end of the notice period, you file a Forcible Entry and Detainer (FED) complaint with the county court where the property is located. This is the formal eviction lawsuit.
The filing requires:
- The completed FED complaint form
- A copy of the notice that was served
- Proof of service
- The filing fee (varies by county, typically $85-$120)
After filing, the court sets a hearing date — typically 7 to 14 days from the filing date, depending on the court's schedule.
Step 3: Serve the Tenant with Court Papers
The tenant must be served with the court summons and complaint. This can be done by:
- A process server
- The county sheriff
- Any adult over 18 who is not a party to the case
The tenant must be served at least 7 days before the hearing date. If service fails (tenant avoids the process server, etc.), you may need to request a continuance and try again.
Step 4: The Court Hearing
At the hearing, the judge reviews the case. In an uncontested case — where the tenant doesn't appear or doesn't dispute the facts — the hearing may last only a few minutes, and the judge will likely rule in the landlord's favor.
If the tenant contests the eviction, they may raise defenses such as:
- Improper notice or service
- Retaliation by the landlord
- Habitability issues
- Discrimination claims
- Payment was actually made
A contested hearing may require additional evidence, witnesses, or even a second hearing date. This can add 2-4 weeks to the timeline.
Step 5: Judgment and the Writ of Restitution
If the judge rules in your favor, you receive a judgment for possession. However, you cannot immediately remove the tenant. Under HB21-1121, there is a mandatory 10-day waiting period before a Writ of Restitution can be issued.
After the 10-day period, you request the Writ of Restitution from the court. The sheriff then schedules the lockout, typically within 3 to 7 business days, depending on the county.
Realistic Timeline: Start to Finish
Here's what an uncontested eviction typically looks like:
| Stage | Time |
|---|---|
| Notice period | 10-90 days (depends on type) |
| Court scheduling after filing | 7-14 days |
| Court hearing | 1 day |
| Mandatory wait after judgment | 10 days |
| Sheriff lockout scheduling | 3-7 business days |
| Total (nonpayment, uncontested) | ~5-7 weeks |
Contested cases, continuances, or procedural errors can extend this to 2-4 months or longer. Complex cases involving counterclaims may take even longer.
What Can Delay the Process
- Serving errors — Wrong notice type, wrong notice period, or improper service method
- Filing mistakes — Incomplete forms, missing documentation, or wrong court
- Tenant defenses — Legitimate defenses that require additional hearings
- Court backlogs — Some counties have significant scheduling delays, particularly Denver
- Holidays and weekends — Notice periods and deadlines can shift when they fall on non-business days
The Key Takeaway
The eviction process has a predictable structure, but each step has specific requirements that must be met. Missing a single requirement can reset the clock. The landlords who move through the process fastest are those who get each step right the first time.
Colorado Court Help walks you through each step, generates your documents, and helps you avoid the mistakes that cause delays. Get started for $99.
