A practical guide for tenants at an eviction trial.
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If your landlord wants to evict you (remove you from your home), they must file a court case and get a judge’s order. In Colorado, this type of case is called an “unlawful detainer” or “Forcible Entry and Detainer” (FED). It is a civil lawsuit to remove a tenant from the rental property, also known as an eviction. This guide explains:
- How eviction cases start
- What happens after you are served
- How to respond by filing an answer
- What trial looks like
- What may happen after
Understanding these steps can help you protect your rights, avoid mistakes, and prepare for court.
How does an eviction start?
If your landlord wants to force you to move out (evict you), they must file a court case. If your landlord locks you out, removes your belongings, or forces you out without a court order, it may be an illegal eviction. See our guide on What to Do If Your Landlord Locks You Out for more information.
Before filing a court case, your landlord must first give you a written notice called a “demand” telling you why they want you to move out and that they are going to file an eviction case against you if you do not comply or move out by the deadline.
Once the eviction case is filed in court, your landlord must give you court papers. This is called service. Service can be in person, taped to your door, or left with an adult at your home or work. A landlord cannot serve the papers themselves. They must use a special delivery person called a process server, a sheriff, or another adult.
Note:
If you receive certain public benefits, you might have the right to mandatory mediation before a landlord can file an eviction. Mediation involves a trained third party helping you and your landlord try to figure out a solution before the landlord can sue. If you qualify, tell your landlord in writing so they can pay for and schedule a mediation before they file a court case.
See our guide on Mandatory Mediation for Tenants on Assistance for more information.
Important!
If your landlord gets any of these steps wrong, you might be able to use that information to fight your eviction.
The service papers include:
- Summons: Tells you the date and time you will need to go to court and the deadline to file an answer, which is a form that will allow you to share your side of the situation. The summons must be served to you at least 7 days before court.
- Complaint: Explains why the landlord wants to evict you and the amount of money claimed.
- Answer form (JDF 103 preferred): Lets you respond and list legal defenses.
- Form to request documents: Used to ask the other person for evidence.
- List of resources: Includes community and legal aid help.
Tip:
Always use the newest Answer form (JDF 103) with check boxes. This form should be given to you with the other court papers, but it can also be found by searching online. Older forms make it harder to make your argument.
What should I do after I am served?
Step 1: File answer form JDF 103 by the deadline, which will be in your summons.
This is usually the same day you must appear in court.
- Fill out and file answer form JDF 103 right away.
- In your answer, deny anything your landlord said in the complaint that isn’t true or that you disagree with. For example, if the complaint says you owe rent you know you have paid, you should explain that. It is very important to tell the court if your landlord did not serve you the eviction papers. It is also important for the court to know if your landlord gave you a demand at the time the complaint says that they did.
- You should also list all your legal defenses. Contact a lawyer if you want to learn more about legal defenses.
- Hardship, lack of money, or promises to pay later are not legal defenses. Most defenses focus on errors in the landlord’s notice or lawsuit.
- Your answer must list your defenses and respond to the landlord’s claims. If you don’t, you can’t use those arguments at trial.
- There is no filing fee for an answer in an eviction case.
Important!
If you don’t file an answer on time, the court will automatically side with your landlord and enter a default judgment, and you could be evicted as soon as 10 days later. See our guide on Default Judgments in Eviction Cases for more information.
Every court has its own process. Some courts let you file online. Other courts require you to appear in person before a judge on the day you file your answer. Read your summons carefully. It should tell you how to correctly file, whether you have to take it to the courthouse or if you can file it online, and whether you have to appear before a judge.
Step 2: Go to trial and present your evidence
If you file an answer and you include a good legal reason for you to not be evicted, the court will set a trial about 7–10 days later.
If you did not appear before a judge when you filed your answer, you will be notified of your trial date by mail, phone, or email. Call the court if you don’t hear back.
Important!
Always attend court. If your landlord or their attorney claims the case was dismissed, double-check with court staff to make sure. If you can’t go in person, you can file a request to appear remotely over video conference. See Going to Court Remotely in Eviction Cases for more information.
Arrive early and dress professionally. You may need to request time off from your employer to attend the court hearing.
You may present evidence at your trial like:
- Lease agreements
- Rent receipts
- Photos or videos of the property
- Texts
- Emails
Important!
Mail or deliver copies of your evidence to the landlord and to the court before trial. The papers you got at the beginning of the process might tell you how and when to give the court your evidence. If you don’t, the court may not allow you to use it.
For more detailed information, see Guide to Eviction Trials for Tenants.
What if I don’t have a legal defense?
Official eviction decisions made by a court (eviction judgments) will be visible on your record and will make it harder to find another place to rent.
This could include a payment plan, move-out date, or agreement to fix issues.
- If the eviction is related to domestic violence in any way, please see Housing Rights for Victims of Domestic Violence to learn more about additional rights that you may have.
If you are behind on rent and that is the reason you are being evicted, Colorado law lets you pay the full amount before judgment to stop the eviction.
Important!
Always get agreements in writing and signed by both you and your landlord. Try to include if you still owe any money to your landlord and when you will pay it.
What happens at the end of the trial?
You can stay. Whether the landlord can file again depends on the judge’s ruling.
The court issues a “judgment for possession.”
- After 48 hours, the court will issue a writ of restitution. This is a court order that allows a sheriff or deputy to remove you and your belongings from the rental property.
- The sheriff can’t execute the Writ of Restitution until 10 days have passed from the date the court judgement was entered against you. This means you have this time to still move out on your own. Usually the sheriff will post a notice to your door telling you they will be coming to remove you and your property.
- If anyone in your household receives SSI, SSDI, or benefits through Colorado Works (like TANF), you should tell your landlord and the court in writing, and this will give you 30 days after the judgment was entered before the sheriff can remove you.
Note:
Your eviction case could include a separate claim for money. This means that your landlord is suing you for money as well as to evict you. You might get a separate hearing in court for this, or it could be part of your eviction trial. You should get a collection notice for this money, but it might be years after your eviction.
Are there public records of evictions?
- Eviction cases are not public until a judgment is entered.
- If you lose, the eviction appears on your record and may make it harder for you to rent a home in the future.
- Sometimes landlords agree to keep a case sealed. They don’t have to agree, but it would keep the eviction off your record, so it is a good idea to ask.
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.