Evictions are absolutely devastating to any family who has had the misfortune of experiencing one. Evictions are generally the last resort of landlords, after imposing numerous warnings and late charges upon a tenant.
If you are a landlord with a non-compliant tenant, or a tenant facing eviction, you can utilize the virtual services of the Law Office of Kim M. Dubois PLLC.
The Eviction Process in Colorado
The agreements between landlords and tenants (i.e., renters) are contained in an agreement known as a lease. Generally, landlords can evict tenants for breaking their lease agreements. However, to protect tenants, who generally have fewer resources than landlords, Colorado has a specific legal procedure that landlords must follow to evict tenants. Specifically, the process is as follows:
Landlords can evict tenants for a variety of reasons, including:
- Nonpayment of Rent. When rent is past due, notice must be served, providing the tenant the option to pay rent or be evicted.
- Violation of Lease Agreement. As noted above, if a tenant violates a provision of a written lease agreement, he or she may be evicted. However, the landlord must give the tenant an opportunity to correct the violation before proceeding with the eviction process.
- No Lease or End of Lease Term (Tenant at Will). If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to evict the tenant as long as proper notice is given.
- Illegal Activity. If a tenant or other occupant of the property is engaged in illegal activity, the landlord may evict the tenant as long as proper notice is given.
File and Serve Complaint
After notice is given, Colorado landlords must file a complaint in the appropriate county court. The summons and complaint must be served on the tenant by anyone over the age of 18 who hasn’t been involved the case at least seven days prior to the eviction hearing through one of the following methods:
- Delivering a copy to the tenant in person,
- Leaving a copy with a member of the tenant’s family who is over the age of 18,
- Leaving a copy with a tenant’s business associate, such as a supervisor, secretary, administrative assistant, bookkeeper, managing agent, or HR representative,
- Mailing a copy to the tenant via first class mail and posting a copy in a conspicuous place on the rental property.
Court Hearing and Judgment
An eviction hearing will be held 7-14 days after the date the summons was issued by the court.
Writ of Restitution
The writ of restitution is the tenant’s final notice to vacate the property and gives them the final opportunity to remove their belongings before law enforcement forcibly removes the tenant. If the tenant remains in the property after the writ is issued, possession of the property will be forcibly returned to the landlord.
Possession of the Property is Returned
The writ of restitution may be executed by a sheriff, deputy sheriff, or undersheriff. Colorado statutes don’t set out how much time law enforcement has to execute an eviction notice once it has been received. Instead, it’s the landlord’s responsibility to schedule a time for the eviction with law enforcement.
Contact the Law Office of Kim M. Dubois PLLC Today If You Are Facing Eviction
Evictions represent a debilitating disruption to your life. If you are facing eviction, you should immediately utilize the virtual services offered by the Law Office of Kim M. Dubois PLLC, which are affordable and easy to understand.
As a virtual firm, the Law Office of Kim M. Dubois PLLC offers hours that fit your schedule and free consultations. Our policy is to return phone calls and email messages on the same day they were left. Our virtual services provide affordable options for everything you need.
Contact us to learn more and schedule your free consultation.