Quick Guide to Eviction

MY TENANT STOPPED PAYING RENT! Quick Guide to Eviction

If you are a landlord having trouble collecting your rents, this is a quick guide to eviction.  Colorado eviction instructions and necessary forms can be found by following our law firm’s link at: /Resources.shtml.

Step 1- Post on the door either the Demand for Compliance (if the tenancy has a specified termination date) or the Notice to Quit (if the tenancy does not have a specified termination date). The notice should be posted for the applicable time period before filing any court action.

Step 2- Once the time period has passed from posting the Demand for Compliance or Notice to Quit, you can file an action for Forcible Entry and Detainer in the County Court where the property is located.  Print the Summons, Complaint, and Affidavit of Service forms. The plaintiff is the named landlord on the lease.  The tenant(s) is/are the defendant(s). The maximum amount of damages you can request is $15,000.

You can request all back rent owed plus late fees if they are specifically mentioned in your signed lease. Attach a copy of the signed lease to the complaint. You can request all costs for filing the action in your judgment (filing and service fees).

Filing– Take all the paperwork to the courthouse and file it with the clerk. They will give you a case number and a court date. There is a fee.

Service– you can either post the summons and complaint with the attached lease on the door of the property again OR you can have the defendant(s) personally served. If you want to request a money judgment from the court, you must have them personally served. The county sheriff or a private process server can do this for you.  If you serve the defendant(s) personally, the server will have to fill out the affidavit of service.

Step 3- Go to court on the day your summons states and bring copies of all ocuments. Bring the original signed and notarized affidavit of service and give it to the court clerk upon arrival. You will either meet with the defendant(s) and try to work out a deal or the defendant(s) will need to file an answer.

If the defendant(s) do not file an answer or do not show up at court, you can request judgment. If you had them personally served, you can request judgment for possession and for money. If you only posted the paperwork on the door, you can only request judgment for possession. This allows you to evict the tenants. You will need to get a Writ of Restitution from the Court and take this to the county sheriff’s department.

Step 4- The sheriff will serve the writ of restitution upon the tenants, which gives them 3 days to get out or be forced out. You may need to have people ready to move the tenants out. The sheriffs will usually only give you one hour to do this. Be prepared.

Kelley G. Shirk, Esq.