Eviction proceedings in Colorado can be complicated and messy.
Essentially, the eviction process in Colorado is the legal proceeding by which a property is returned to the landlord when a tenant fails to pay rent or violates any term of the lease. In any eviction, the most important things that the landlord must prove are:
- There is a written or oral agreement (stated in the lease) which has been broken by the tenant
- The term of the lease has expired, and the tenant remains in possesion of the property without authorization
- The landlord properly served the tenant with a Demand for Compliance commonly known as a Right to Possession, or a Colorado Eviction Notice to Quit
- The tenant did not comply or respond to the Demand for Compliance or Possession, or the Notice to Quit
- The landlord is justified in terminating the agreement and taking possession of the property.
If the landlord fails in any of these items, it is likely that a court will not order the eviction. Further, in any eviction both the landlord and the tenant are afforded the opportunity to present their case in court, enter documents (such as the written lease) into evidence, and take testimony of people with knowledge about the facts of the case.
More Information on the Eviction Process in Colorado
Colorado has a precise eviction process. One key aspect to understand is the eviction "notice."
Essentially, "Notices" are a wake-up call, informing the tenant(s) that unless actions are taken to resolve the dispute, or to vacate the property, a civil eviction action may be filed against them.
Once a Landlord has served a Demand for Compliance (otherwise known as a Right to Possession Notice, or a Notice to Quit) to the tenant(s), they will need to wait. If enough time has passed to allow the tenant(s) to comply or vacate the property, and if the issues were not resolved, the next step that a Landlord will take is filing a Complaint in Forcible Entry and Detainer/Eviction (the "Complaint.")
Along with the Complaint, the Landlord must also serve the tenant(s) with an Answer Form & Summons. The Answer Form is "blank" allowing the tenant(s) an opportunity to respond to the Landlord's Complaint. The Summons will set out a date, time, and place where the tenant(s) must appear in Court.
The Summons date begins the eviction process which may culminate in a Court Order permitting the removal of the tenant(s) from the property. Proper service of the Notices, Complaint, Summons, and Answer Form is critical to a lawful eviction.
In any eviction, there are many statutes and rules that must be complied with. To accomplish a successful eviction, it is important to consult with a Colorado real estate lawyer as a landlord or as a tenant.
Contact me, Joe Stengel, a real estate attorney in Denver, for a free 30 or 60 minute consultation.