Learn about the protections and special rules that apply when you face eviction from subsidized housing.
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If you get public benefits such as SSI, SSDI, or TANF, Colorado law gives you extra protection before eviction. In many cases, your landlord must first take part in mandatory mediation. Mandatory mediation is a free process where you and your landlord meet with a neutral mediator to try to resolve problems outside of court. This guide explains:
- How mediation works
- Who qualifies
- What to expect
What is mandatory mediation?
- A free meeting between you and your landlord.
- Led by a neutral mediator, not a judge.
- A mediator is a trained helper who does not take sides. They do not decide who is right or wrong. Instead, they guide the conversation, help each side explain their concerns, and look for solutions you can both agree on.
- Mediation is usually less stressful than court, and you can even ask to speak to the mediator privately.
- If mediation works, it may stop an eviction case from ever going to court.
Do I qualify for mandatory mediation?
You may qualify if:
- You receive SSI, SSDI, or TANF (Colorado Works);
- Your landlord rents out 6 or more units; and
- You tell your landlord in writing that you receive benefits and want mediation.
Who does not qualify?
- Tenants who don’t receive one of the listed benefits.
- Tenants who don’t tell the landlord in writing about their benefits.
- Tenants renting from a 501(c)(3) nonprofit that already offers mediation.
- Tenants renting from landlords with 5 or fewer units.
How does mediation work?
- Scheduled by your landlord with the Office of Dispute Resolution.
- Usually held online by Zoom, but phone or in-person may be possible. Call 720-625-5940 if you need help.
- You will get an email confirmation with the date and time. If you can’t attend, let the mediator and your landlord know right away to reschedule.
- If you miss the session, your landlord can move forward with an eviction case in court.
What if my landlord skips mediation?
If you told your landlord in writing about your benefits and they do not schedule or attend mediation:
- They cannot legally file an eviction against you.
- If they try anyway, you can ask the court to dismiss the case because mediation was skipped.
Tips for mediation
Before you go
- Collect documents like rent receipts, photos of needed repairs, or letters and communications with your landlord.
- Think about solutions you can realistically offer (such as a payment plan).
During mediation
- The mediator may meet with you and your landlord separately.
- Mediation is private—what you say there cannot be used against you in court.
- You can bring a support person (the mediator decides if they can participate).
After mediation
- Only agree to a plan you can follow through on.
- You can ask for time to review the agreement before signing.
- If mediation doesn’t work, the landlord can still file an eviction in court, where you will need to file an answer and present defenses.
- You should speak with an attorney or tenant advocate if you qualified for mediation but there were:
- Issues with scheduling; and/or
- Problems with the way the mediation went (biased or unfair).
Other legal protections
- If you receive SSI, SSDI, or TANF and lose in eviction court, you usually get 30 days before the sheriff can remove you.
- If the eviction is for a serious lease violation, you may only get 10 days.
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.