Eviction Process in Colorado: Timeline, Notices & Costs

Know which rules cover your tenancy

Colorado changed the starting point in 2024. Under HB24-1098 (C.R.S. §§ 38-12-1301 to -1307), once a tenant has occupied the unit for 12 months, you can’t decline to renew without a reason. You need either a for-cause reason (nonpayment, a substantial lease violation, and similar grounds) or a listed no-fault reason:

• Demolition or conversion
• Substantial repair or renovation
• Owner or family member moving in
• Selling or withdrawing the unit from the market
• The tenant refusing a reasonable new lease

No-fault terminations need 90 days’ written notice. Some tenancies are exempt, including certain owner-occupied single-family homes, duplexes and triplexes. If yours is exempt, the older notice periods under C.R.S. § 13-40-107 apply to month-to-month tenancies: 21 days for a tenancy of 1 to 6 months, 28 days for 6 to 12 months, and 91 days for a year or more.

Stage 1: the 10-day demand

For unpaid rent, serve a 10-day demand for compliance or possession. The tenant can pay what’s owed or move out. Use a court form such as JDF 99A so the wording is right, and if HB24-1098 covers the tenancy, state the cause.

For most lease violations, the notice is a 10-day notice to cure. A 3-day notice to quit applies to a substantial violation, such as certain criminal activity. The details of violation notices have shifted with recent legislation, so check the current statute before relying on a specific period.

Two late-fee rules feed into this. Colorado caps late fees at the greater of $50 or 5% of the past-due rent, they can’t be charged until rent is 7 days late, and you can’t evict solely for unpaid late fees. Leave them out of the 10-day demand.

Stage 2: filing in county court

When the 10 days run out without payment or move-out, file a Complaint in Forcible Entry and Detainer (JDF 101) and a Summons (JDF 102) in the county court where the property is. Filing fees run roughly $97 to $135, plus service. They vary by county, so check with the clerk.

Stage 3: service and the return date

The summons lists a return date, and the tenant must be served at least 7 days before it. Use a process server or the sheriff; don’t serve the papers yourself.

Stage 4: the return date

If the tenant hasn’t filed an answer, the court can enter a default judgment for possession. If they answer, the court sets a trial, often within a couple of weeks.

Stage 5: the writ of restitution

After judgment, the writ of restitution can’t issue until 10 days have passed. That waiting period came from recent legislation; confirm it against the current C.R.S. § 13-40-122 when you get there. Then deliver the writ to the sheriff and schedule the move-out.

Timeline and cost on a Denver duplex

Say the tenant in your Denver duplex owes $1,800 in rent.

Stage	Typical time
10-day demand	10 days
Filing and service	3-7 days
Service to return date	7+ days
Judgment to writ	10 days
Sheriff scheduling	Several days to 2 weeks
Total (uncontested)	About 3-6 weeks

Five weeks of lost rent at $1,800 is about $2,100. Add the filing fee, service and the sheriff’s charge. If you use an attorney, ask for a flat fee for uncontested cases.

What delays Colorado cases

• An answer from the tenant moves the case to trial.
• A jury demand adds scheduling time.
• A notice problem, such as the wrong form or a missing HB24-1098 cause, can sink the case.
• Bankruptcy triggers an automatic stay that pauses the eviction until the bankruptcy court lifts it.
• An appeal after judgment can delay the writ.
• Local enforcement. Denver, Boulder and other cities require rental licensing or inspections, and SB25-020 lets the Attorney General and local governments enforce landlord-tenant laws.

No lockouts, no utility shutoffs

Changing the locks, removing doors or windows, cutting off utilities or hauling out a tenant’s belongings without a writ is illegal in Colorado. The tenant can sue you for damages, and it gives them a defense in the eviction. Only the sheriff can remove a tenant, and only with a writ.

Alternatives worth trying first

A written payment plan can fix a short-term problem: catch-up payments over two or three months, with a clear consequence if one is missed. For a tenant who can’t recover, cash for keys often costs less than a contested case. Offer a set amount, the full deposit back if the unit is left in good shape, and a signed move-out date. Some Colorado courts also offer mediation in eviction cases.

This page is general information, not legal advice. For a contested case or a question about HB24-1098, talk to a Colorado landlord-tenant attorney or the court’s self-help center.