Many landlords still search for a “3-day eviction notice” in Colorado. For most residential tenants, that notice no longer applies. Over the past several years, the General Assembly has lengthened notice periods, added just cause requirements, created a tenant’s right to pay and stay before judgment, and delayed when a sheriff may carry out a court-ordered move-out. A single defect in the paperwork can send a landlord back to the beginning of the eviction process and add weeks of lost rent. Many of the top search results for “eviction process Colorado” are written for tenants. This guide is written for property owners.
At Anzen Legal Group, we represent landlords, property owners, and property managers in Fort Collins and across Northern Colorado. We do not represent tenants. This guide walks through each stage of the legal eviction process as it stands in 2026, from confirming a legal ground for eviction to working with the Larimer County Sheriff’s Office on move-out day. For an overview of our eviction services for landlords, please visit our Fort Collins eviction lawyer page.
If you need assistance with an eviction, please call 970-893-8857 to schedule a consultation with an experienced Fort Collins eviction attorney.
What Changed in the Colorado Eviction Process
Three changes in Colorado eviction laws shape nearly every eviction case in Colorado today:
- Longer notice periods. Most residential demands now give the tenant 10 days to pay or cure, not 3 days (C.R.S. § 13-40-104).
- Just cause requirements. Since April 19, 2024, landlords need a recognized reason to evict or refuse to renew most tenancies that have lasted 12 months or longer (C.R.S. § 38-12-1301 and following sections).
- A delayed move-out date. A sheriff may not execute a residential writ of restitution until at least 10 days after judgment, and in some cases 30 days (C.R.S. § 13-40-122). For example, if a tenant receives supplemental security income (SSI), thirty days after the entry of judgment is required.
Step 1: Confirm a Legal Ground to Evict a Tenant
In April 2024, Governor Polis signed House Bill 24-1098, Colorado’s “for cause” eviction law. For covered tenancies, a landlord may not evict a tenant or refuse to renew a lease without a reason the statute recognizes.
Which Tenancies Are Covered
The just cause rules generally apply once a tenant has occupied the rental unit for at least 12 months. Under C.R.S. § 38-12-1302, the statute does not apply to:
- Short-term rentals
- Single-family homes, duplexes, and triplexes where the owner (or a master tenant) lives on the premises as a primary residence, or in certain cases on an adjacent property
- Mobile home spaces leased to a home owner
- Employer-provided housing
- Tenants who have occupied the premises for less than 12 months
- Occupants the landlord does not know to be tenants
Fault-Based Grounds
Fault-based grounds under C.R.S. § 38-12-1303(2) include:
- nonpayment of rent,
- a substantial violation,
- a material violation of the rental agreement,
- a repeat violation after proper notice, and
- a tenant who creates a nuisance or negligently damages the property.
These cases typically begin with a demand for compliance or a notice to terminate tenancy, and they follow the same legal steps as any other Colorado eviction. Holding over after the lease expires counts as a ground only for nonresidential property and for tenancies the just cause law exempts (C.R.S. § 38-12-1303(2)(c)).
No-Fault Eviction Grounds
No fault eviction grounds under C.R.S. § 38-12-1303(3) include:
- Demolition of the unit or conversion to a nonresidential use or a short-term rental
- Substantial repairs or renovations (not repairs needed to fix a habitability problem)
- Occupancy by the landlord or a family member
- Withdrawal of a single-family home, townhome, duplex, triplex, or condominium unit from the rental market to sell it
- A tenant’s refusal to sign a new lease with reasonable terms
- Repeated late payment of rent
Every no-fault ground requires at least 90 days’ written notice. A landlord on active military duty who needs to occupy the property may give 45 days’ notice. Each ground also carries its own conditions, so we review the specific facts with each landlord before any notice goes out.
The Late Rent Ground Has Specific Conditions
The repeated late payment ground applies only when the tenant paid rent late more than twice during the rental agreement period. Each late payment counts only if it arrived more than 10 days after the due date, the landlord served a written demand for that payment, and the tenant did not pay within the notice period. Landlords who want to rely on this ground should keep copies of every demand and the payment history that follows it.
Step 2: The Landlord Serves the Correct Eviction Notice
The written notice is the first formal step in the eviction process, and it is where most eviction cases succeed or fail. The Colorado Judicial Branch publishes three residential notice forms, and each serves a different purpose.
Demand for Compliance (JDF 99 A)
This form applies to nonpayment of rent, lease violations, and nuisance conduct under C.R.S. § 13-40-104. The tenant receives a set notice period to pay, cure the problem, or move out. A tenant who pays or cures within that period can avoid eviction on that notice.
Minimum Days’ Notice by Agreement Type
- Standard residential agreement: 10 days
- Exempt residential agreement: 5 days. This applies only to a lease of a single-family home by a landlord who owns five or fewer single-family rental homes and whose written lease states that the 10-day period does not apply (C.R.S. § 13-40-104(5)(d)).
- Employer-provided housing: 3 days
- Properties covered by the federal CARES Act: 30 days for nonpayment under federal law (15 U.S.C. § 9058(c)). Colorado’s HB25-1240 also requires landlords to follow these federal notice rules in nonpayment cases involving tenants who use housing subsidies.
A demand for unpaid rent should state the amount due and the specific periods missed. We recommend keeping late fees and other charges separate from the rent demand so the notice is clear and accurate.
Notice to Terminate Tenancy (JDF 99 B)
A notice to terminate tenancy is used when the tenant has no right to cure. Some of the most common reasons include:
- Repeat Violations. If a tenant repeats the same lease violation after receiving a demand for compliance, the landlord may serve a notice to terminate that gives 10 days to move out, with no opportunity to cure (C.R.S. § 13-40-104(1)(e.5)).
- Substantial Violations. Under C.R.S. § 13-40-107.5, a substantial violation includes conduct that endangers others, certain violent or drug-related felonies, and specific public nuisance crimes. A substantial violation allows a 3-day notice with no right to cure. The landlord must prove the violation by a preponderance of the evidence, and the statute provides a defense for a tenant who did not know of, and could not reasonably have known of or prevented, a guest’s violation and who immediately notified law enforcement.
- Nonrenewal of Exempt Tenancies. When a tenancy falls outside the just cause law, the notice to quit period under C.R.S. § 13-40-107 depends on the length of the tenancy:
- One year or longer: 91 days
- Six months to one year: 28 days
- One month to six months: 21 days
- One week to one month: 3 days
- Less than one week: 1 day
Notice of No-Fault Eviction (JDF 99 C)
For no-fault terminations of covered tenancies, the notice must state the basis for the eviction and provide at least 90 days to vacate, or 45 days for a qualifying military landlord.
Notice Requirements That Trip Up Colorado Landlords
Even with the right form, a notice can fail for technical reasons. We regularly see problems with:
- Notices must be provided in English, Spanish, or the tenant’s primary language if the landlord knows or has reason to know it (C.R.S. § 13-40-106(3)).
- The notice must be personally delivered, left with a member of the tenant’s family over age 15 who resides at the premises, or posted on the tenant’s door only after personal service attempts on two separate days (C.R.S. § 13-40-108). A copy left on the tenant’s door before two attempts is not valid service.
- Mediation statement. The demand must include a statement that tenants who receive SSI, SSDI, or Colorado Works cash assistance may be entitled to mediation before an eviction filing (C.R.S. § 13-40-106(2)).
- Dates and amounts. A miscounted deadline, an incorrect rent figure, or a citation to the wrong provision of the tenant’s lease can defeat an otherwise valid case.
A notice that does not meet the language requirement may be found defective even if every other detail is correct.
Step 3: The Landlord Files the Eviction Case in Larimer County Court
If the notice period expires without payment, cure, or move-out, the landlord files an eviction complaint (JDF 101) and summons (JDF 102). The case is filed in the county where the rental property is located. For Fort Collins, Loveland, Wellington, Timnath, and Estes Park properties, that means Larimer County. Most residential evictions are filed in county court rather than district court, although Colorado law also permits eviction cases in district court. The landlord’s complaint should include a copy of the notice that was served.
Colorado law treats an eviction as a forcible entry and detainer action, a type of civil action governed by C.R.S. Title 13, Article 40, which addresses possession of real property. Court forms often refer to these cases as forcible entry and detainer (FED) cases, and the same rules apply whether the real property is an apartment, a house, or a duplex unit.
Can an LLC Landlord File Without an Attorney?
A business entity that owns rental property generally must appear in court through a licensed attorney. Under C.R.S. § 13-1-127, a narrow exception allows a closely held entity with no more than three owners to appear through an officer when the amount in controversy is $15,000 or less (excluding costs, interest, and statutory penalties), and only with evidence of the officer’s authority. Many LLC landlords do not meet that exception, so we review entity structure at the start of every case. Our Fort Collins business law attorneys also help property owners structure their holdings.
Step 4: Serve the Summons Before the Court Date
The summons and complaint must be served at least 7 days before the court date listed on the summons (C.R.S. § 13-40-112). The service method controls what the landlord can recover:
- Personal service allows the court to enter judgment for possession and a money judgment for unpaid rent and damages.
- Posting and mailing is allowed only after diligent efforts at personal service fail. The landlord posts the papers on the premises and mails a copy no later than the next business day after filing. This method supports a judgment for possession only (C.R.S. § 13-40-115).
Step 5: Prepare for the Court Hearing
The court hearing is where the landlord must prove each element of the case. A tenant who believes the landlord made an error, or who otherwise wants to contest the eviction case, files a written answer (JDF 103) by the court date. If no answer is filed, the landlord may request a default judgment. When a tenant does answer, the court sets the case for trial, and either side may request a jury.
The Tenant’s Right to Pay and Stay
In a nonpayment case, Colorado gives tenants a right to cure that landlords cannot waive by lease. Under C.R.S. § 13-40-115(4), the landlord must accept full payment of the amount stated in the demand, plus any rent that has since come due, at any time before the court enters judgment for possession. If the tenant pays in full, the court dismisses the case with prejudice. Landlords should track every payment received after filing and confirm the exact amount owed before the hearing.
Common Tenant Defenses
Common defenses include defective notice, improper service, retaliation, discrimination, and an affirmative defense that the unit breached the warranty of habitability. According to the Colorado Judicial Branch, a tenant who raises a habitability defense in a nonpayment case (JDF 104) must generally pay all or part of the accrued rent into the court registry, as the court directs, unless the court finds the tenant indigent (C.R.S. § 38-12-507(1)(c)).
Strong documentation helps landlords respond, including:
- the signed lease agreement,
- the rent ledger,
- photographs,
- repair records, and
- copies of every notice with proof of service.
If a dispute involves lease terms beyond possession, our contract dispute attorneys can assist.
Tenants in Fort Collins May Have Free Legal Help
The City of Fort Collins offers an Eviction Legal Fund that provides free legal assistance to Fort Collins residents facing eviction, along with referrals to legal clinics and nonprofit providers.
Landlords should expect that more tenants will arrive at court with help, and a represented tenant is more likely to challenge technical defects. Accurate paperwork matters more than ever. Landlords should also understand that an eviction record can follow a tenant, so many tenants have strong reasons to contest a filing or negotiate a resolution.
Step 6: Judgment and the Writ of Restitution
If the court finds in the landlord’s favor, it enters judgment for possession and, where service allows, a money judgment. Some cases resolve before trial through a stipulated agreement (JDF 106 A) that sets a move-out date or a payment plan. A well-drafted stipulation should spell out exactly what happens if the tenant does not comply.
When the Writ Can Be Executed
The writ of restitution is the court order that authorizes law enforcement to return possession to the landlord. Under C.R.S. § 13-40-122, a writ of restitution may issue 48 hours after judgment.
The landlord files the writ (JDF 109), and a judge must sign it. However, for residential tenancies, the sheriff may not execute the writ until at least 10 days after judgment. If the tenant receives SSI, SSDI, or Colorado Works cash assistance, that delay extends to 30 days. The 30-day delay does not apply to a judgment based on a substantial violation, or to a landlord who owns five or fewer single-family rental homes and no more than five rental units in total. A writ expires 49 days after it issues (C.R.S. § 13-40-115(3)).
Step 7: Move-Out Day With the Larimer County Sheriff’s Office
Move-out day is the final step in the legal eviction process. Only law enforcement may carry out a court-ordered removal. If the tenant has not vacated the premises by the scheduled date, the tenant may be forcibly removed under the deputy’s supervision.
According to the Larimer County Sheriff’s Office civil process page, the office posts the writ within 5 business days of receiving it, places the case in its scheduling queue, and coordinates the date with the landlord or property manager. Because the writ expires after 49 days, landlords should deliver it promptly. The Sheriff’s Office charges a posting fee and an execution fee, plus mileage.
The Sheriff’s Office places specific responsibilities on landlords:
- Provide an able-bodied crew sized to the unit, along with boxes, bags, and equipment. The deputy sheriff expects the removal to be completed within about one hour.
- Do not tell the tenant the scheduled date or time and wait for the deputy before entering the unit.
- Place removed belongings on the driveway, lawn, parking area, or street parking, never on the sidewalk or in a traffic lane.
- Secure and properly dispose of documents or devices that could enable identity theft.
Questions about how long removed property must remain available should be directed to counsel, because the Sheriff’s Office does not give legal guidance on that question.
Self-Help Evictions Are Prohibited Under Colorado Law
A tenant may only be forcibly removed through the court process. Under C.R.S. § 38-12-510, a landlord may not lock out a tenant, remove doors, windows, or locks (other than for repair), willfully shut off utilities or essential services, or otherwise remove or exclude a tenant without court process.
A tenant may recover actual damages plus the greater of three times the monthly rent or $5,000, along with costs and reasonable attorney’s fees, and the court may restore the tenant to possession. Narrow exceptions apply to mutual agreements, truly abandoned units, and certain drug lab cleanups. Following the legal process protects the landlord’s right to recover both possession and money owed.
How Long Does the Colorado Eviction Process Take?
Timing for an eviction in Colorado depends on the type of notice, the court’s calendar, the service method, and whether the tenant contests the case. In a straightforward nonpayment case with no answer filed, the minimum statutory periods alone add up to roughly a month: 10 days for the demand, at least 7 days between service and the court date, and at least 10 days after judgment before the writ can be executed, plus time for filing and for the Sheriff’s Office to post and schedule the writ. In practice, many uncontested cases take roughly four to eight weeks. A contested case with a trial, a tenant entitled to the 30-day execution delay, or a no-fault termination that requires 90 days’ notice can take considerably longer.
Recovering Unpaid Rent, Costs, and Attorney’s Fees
With personal service, the court may award unpaid rent, damages to the property, and reasonable costs. Many residential leases include an attorney fee provision, which may allow the prevailing party to recover reasonable attorney’s fees. Because these provisions can work in either direction, we review lease language at the start of every case so landlords understand both what may be recoverable and what is at risk.
Landlords should also handle the security deposit carefully after move-out, because Colorado’s deposit rules changed on January 1, 2026. An eviction does not suspend those deadlines. Our experienced landlord-tenant attorneys can review leases and deposit practices before a problem arises, and we provide tenants with clear, compliant notices on behalf of our landlord clients.
Additional Resources for Colorado Landlords
- Colorado Judicial Branch: Residential Evictions for current JDF forms
- City of Fort Collins: Legal Funds and Legal Assistance for information on the Eviction Legal Fund
- Larimer County Sheriff’s Office: Civil Process for writ procedures and fees
- Colorado General Assembly: HB24-1098 for the text of the just cause law
This article provides general information about Colorado law and does not provide legal advice for any specific situation. Reading it does not create an attorney-client relationship. Please consult a licensed Colorado attorney about your specific situation.
Talk With a Fort Collins Eviction Attorney
At Anzen Legal Group, we help landlords and property owners recover possession lawfully and efficiently. We prepare and serve notices, file in Larimer County Court, appear at hearings, and coordinate with the Sheriff’s Office through move-out. To discuss a rental property in Fort Collins or Northern Colorado, call us at (970) 893-8857 or contact our office.
Frequently Asked Questions About Evictions in Colorado
Does Colorado still use a 3-day eviction notice?
For most residential tenants, no. Nonpayment and lease violations generally require a 10-day demand for compliance. A 3-day period still applies to employer-provided housing, nonresidential leases, and substantial violations under C.R.S. § 13-40-107.5.
What is a 10-day eviction notice in Colorado?
It is the standard Demand for Compliance (JDF 99 A). It gives a residential tenant 10 days after service to pay the rent owed, cure a lease violation, or move out before the landlord files an eviction complaint.
How to evict someone in Colorado without a lease agreement?
The landlord still needs proper written notice and a court order. An oral month-to-month arrangement is still a tenancy. If the tenant has occupied the unit for 12 months or longer and no exemption applies, the just cause requirements of C.R.S. § 38-12-1303 apply. Otherwise, the notice to quit periods in C.R.S. § 13-40-107 control.
Can a tenant be evicted immediately in Colorado?
No. Every eviction requires written notice, a court judgment, and a writ executed by law enforcement. Even after judgment, a residential writ generally cannot be executed for at least 10 days.
Can an LLC landlord file an eviction without an attorney in Colorado?
Generally, a business entity must appear through a licensed attorney. However, C.R.S. § 13-1-127 allows a closely held entity with no more than three owners to appear through an officer in matters of $15,000 or less, with evidence of authority.
How soon after judgment can a tenant be removed?
A writ may issue 48 hours after judgment, but the sheriff may not execute a residential writ until at least 10 days after judgment, or 30 days for tenants who receive SSI, SSDI, or Colorado Works cash assistance (with limited exceptions). The writ must be executed within 49 days of issuance.
