A landlord uses the legal process of eviction when all other attempts to make a Colorado tenant comply with the lease terms have failed. Colorado landlord and tenant laws mandate specific requirements to be met during the eviction procedure so that it is fair to all parties involved. Colorado's eviction process is a lawsuit intended to return the legal rights of the rental unit to the landlord and remove the problem tenant from the domicile.
Establish the eviction cause. Colorado's landlord and tenant statutes require a specific cause for ending the lease before the term is up. Nonpayment of rent and violating a lease term are allowable eviction reasons, as is a tenant living in the home after the lease expires.
Prepare a written notice telling the tenant the lease is terminated after Colorado's mandated notice period. You can get the notice at your local courthouse. The forms used are JDF 101 and JDF 97. The first is used for evictions relating to nonpayment of rent or problems with the lease terms. The second is used for serious compliance issues, such as destruction of property and illegal activity. Fill out the form, and serve it personally to your tenant. If you are unable to serve the notice to the tenant or another person living in the property, post the notice on the door and mail a copy to the residence. If the tenant does not leave your Colorado property, comply with the lease terms or pay the back rent owed, you can proceed with the eviction after a minimum three-day notice period. The notice period may be longer if you specify a longer term in your lease agreement. .
Make copies of your termination notice and the lease agreement. Go to the courthouse, and fill out forms JDF 99 and CRCCP 1A. The first form is the eviction complaint, called Complaint in Forcible Entry and Detainer. The second is the summons to notify the tenant of the complaint and the hearing date.
Attend the hearing unless otherwise notified. The hearing may be canceled if the tenant does not file an answer to the eviction summons form. In that case, you receive a default judgment against the tenant. Otherwise, you have to present your evidence that the eviction reason is valid.
File form JDF 103 if the tenant does not leave your Colorado rental unit once the time to move out allotted to him by the judge is up. This form is a Writ of Restitution, granted by the court to provide a sheriff the authority to remove the tenant from the rental unit. A sheriff serves the tenant with the writ, and the tenant has 24 hours to leave. After the 24 hours, the sheriff forcibly evicts the tenant and remains present while you deal with the tenant's property and change the locks.
Tiffany Garden has been a freelance writer since 2002, working in the commercial copywriting field. She has been published in a number of technical and gaming magazines, as well as on numerous websites. She also runs her own websites on a number of subjects, runs a handcrafted jewelry business and is a CompTIA A+ Certified computer technician.