Colorado, like many other states, has its own set of rules and regulations that need to be adhered to for a fair and legal eviction process. This article will give you a summary of Colorado’s residential eviction laws and guide you through the eviction process.
How Long Does it Take to Evict a Tenant in Colorado?
The eviction process in Colorado typically takes several weeks to a few months to complete. The duration for evicting a tenant in Colorado varies based on factors like the reason for eviction, the situation’s complexity, and the local court’s workload.
Understanding Colorado’s Eviction Laws
It’s crucial to note that a landlord cannot simply evict a tenant without a valid reason. To ensure an eviction is valid and legal, certain criteria must be satisfied. Here are some examples of situations that could lead to an eviction in Colorado.
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Grounds for Eviction
1. Failure to pay rent
One of the primary reasons for evicting a tenant in Colorado is failure to pay rent. When the tenant does not pay rent by the specified due date, the landlord has the option to issue a 10-day Demand for Compliance or Right to Possession Notice. The tenant has 10 days to pay the rent, otherwise, the landlord can proceed with eviction.
2. Breach of Lease Conditions
When a tenant breaks the lease agreement by causing damage, having unauthorized pets, or engaging in illegal activities, the landlord can start the eviction process.
3. Lease Term Conclusion
When the current lease expires and the tenant stays on the landlord’s property without renewing or signing a new lease, the landlord can start the eviction process in approximately 21 days.
4. Foreclosure
If a property is foreclosed, the new owner might be able to legally remove tenants from the premises. Specific guidelines need to be followed to ensure a legal eviction.
Also Read: Squatters Rights in Colorado Everyone Should Need to Know
Evictions are required to go through the court system
It’s crucial to understand that, if a landlord wants to evict a tenant in Colorado, they must go through the local court system, even if certain conditions are met. Colorado Landlord-Tenant laws strictly prohibit forcible evictions, which include actions like locking a tenant out of their home or physically removing their belongings.
Colorado Eviction Process
Once the necessary conditions are fulfilled, a landlord can initiate the eviction process. Here are the necessary steps for a landlord to legally evict a tenant in Colorado:
1. Serve Written Notice
Landlords usually need to give tenants a written notice stating the reason for eviction and a reasonable time to fix the issue before starting the eviction process.
2. File a Complaint With the Court
If the tenant does not follow the notice or fix the problem within the given time, the landlord can take the case to the correct Colorado court. The complaint will detail the reasons for eviction and the desired outcome.
3. Wait For the Tenant to File an Answer
The court will send a summons to the tenant, informing them about the complaint and the court date. The tenant must respond within a set timeframe to the complaint by either admitting or denying the allegations.
4. Attend the Eviction Hearing
If the tenant denies the allegations, a court hearing will be arranged. Both sides provide their evidence, and the judge decides based on the case’s merits.
5. Get a Writ of Restitution
If the court decides in favor of the landlord, they will issue a writ of restitution. This enables the sheriff to evict the tenant and their possessions from the property if needed.
6. Retrieve the Property
The last step in the Colorado eviction process involves regaining control of the property. Once the tenant is no longer living there, the landlord gets the property back.
Residential Agreement Exemption
An “exempt residential agreement” is a particular kind of lease or rental contract that enables the landlord to reduce the waiting time before initiating an eviction through the court. In Colorado, a landlord is eligible for this type of agreement if they own five or fewer single-family rental homes. The landlord needs to clearly state in the lease that the 10-day notice requirement does not pertain to their rental property.
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