Evictions

If your landlord wants you to leave your rental home, they must go through a legal process called an eviction. This can feel stressful and overwhelming, but it is important to know your rights. Your landlord cannot force you out without a court order. This guide explains: 

• When a landlord can evict you 
• The steps in the process
• What options you may have to avoid an eviction judgment on your record
• Resources for free or low-cost legal help

This guide does not apply to evictions from mobile home parks, which have different rules. See our guide on Eviction from a Mobile Home Park for more information. 

What is an eviction?

An eviction is a court order that removes a tenant and their belongings from a rental property. It is the only way a landlord can legally force a tenant to move out.

• The landlord must follow every step of the eviction process before getting a judgment.
• The process usually starts with a written notice telling you why the landlord wants you out and giving you a deadline to comply with the notice or move out.
• You do not have to move until a court orders it and the sheriff’s office carries it out.

If a court enters an eviction judgment against you, it goes on your record. This can make it harder to rent in the future.

The legal term for an eviction in Colorado is Forcible Entry and Detainer (FED). Both terms mean the same thing. 

When can a landlord evict me?

Your landlord can try to evict you for a few main reasons:

1. Not paying rent
   • You will receive a written notice called a “Demand for Rent or Possession,” which typically gives you 10 days to either pay what you owe or move out. If you can’t or don’t pay or move out within 10 days of getting this notice, your landlord can file an eviction in court.
   • If you pay the full amount before the court orders the eviction, the landlord cannot evict you for nonpayment.

2. Not following the rules in your lease
   • First violation: The first time you break a rule in your lease, you may get a written notice called a Demand for Compliance or Possession that gives you 10 days to fix the problem or move out. If you fix the problem, the landlord should not file an eviction case against you.  
   • Repeat violation: If you break the same rule in your lease again, you may get a written notice called a Notice to Terminate Tenancy that gives you 10 days to move out and does not give you a chance to fix the problem.
   • Serious violations (drugs, crime, danger): You may get a written notice called a Notice to Terminate Tenancy for Substantial Violation, which only gives you 3 days to move and does not give you a chance to fix the problem. If you get one of these notices and you do not move within 3 days, your landlord can file an eviction case against you. 
     • See our guide on Eviction for Substantial Violations for more information.
3. Lease ended
   • Some leases require a warning, or notice, before the lease can be ended by either you or your landlord; others just end on the date in the lease without any notice needed.
   • If your lease is month-to-month, usually either you or your landlord can end it with proper notice. However, if you have lived at the property for at least 12 months, the landlord may have to give 90 days’ notice for a no-fault eviction (see below).
   • In some cases, landlords can file a no-fault eviction (for example, if they want to sell, renovate, or move in a family member). These usually require at least 90 days’ notice.

What are my options (other than fighting the eviction in court)?

Eviction judgments can harm your record and make it harder for you to rent other homes in the future. So it may help to resolve things before a case gets filed.

If you receive any kind of written notice from your landlord, that is the best time to get legal advice specific to your situation so you can decide what to do.  

Your main options are:

1. Comply with the demand by its deadline

   • Pay what you owe

     OR

   • Fix the lease violation

2. Move out by the deadline in the demand

   • Take all your belongings, return the keys, and notify your landlord.
   • Try to get written proof from your landlord and take photos of the empty space.
   • The landlord cannot evict you, but may still sue for unpaid rent or damages.
      

3. Negotiate with your landlord

   • You may agree to change the lease, end it early, or set new terms.
   • Always get the agreement in writing.
      

4. Go to mandatory mediation (if eligible)

   • If you receive certain benefits, your landlord may be required to mediate before filing in court. See our guide on Mandatory Mediation for Tenants on Assistance for more information.

Next, your landlord could file an eviction lawsuit

If you do not comply with the notice or move out, your landlord may file an eviction lawsuit.

• You will be served with a summons and complaint explaining why you are being sued.
  • A summons is a document telling you that you are being sued and when you must appear in court (which is called a “return date”). 
  • A complaint is the document explaining the legal basis for the lawsuit and what your landlord wants the court to do.
• Only a judge can order an eviction.
• Only the sheriff can enforce it. 

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.