Evicting a tenant in Denver is a legal process that requires landlords to follow strict procedures under Colorado landlord-tenant law. If you do not comply with these regulations, your eviction may be deemed unlawful,...
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Evicting a tenant in Denver is a legal process that requires landlords to follow strict procedures under Colorado landlord-tenant law. If you do not comply with these regulations, your eviction may be deemed unlawful, leading to costly delays or even legal consequences. Whether your tenant has failed to pay rent, violated lease terms, or refused to vacate after their lease ended, it's crucial to understand the proper legal steps.
If you're facing a complicated eviction, consulting a Denver eviction lawyer can help ensure that you handle the process correctly and avoid legal pitfalls. Below is a step-by-step guide to legally evicting a tenant in Denver, Colorado.
Before proceeding with an eviction, you must have valid legal grounds to remove a tenant. Under Colorado law, a landlord can file for eviction (also known as an unlawful detainer case) for the following reasons:
Nonpayment of Rent – The tenant has failed to pay rent on time.
Lease Violations – The tenant has breached terms of the lease, such as damaging the property, keeping unauthorized pets, or engaging in illegal activity.
Holdover Tenants – The lease has ended, but the tenant refuses to leave.
Health and Safety Violations – The tenant is causing significant damage to the property or engaging in hazardous behavior.
Colorado law prohibits landlords from conducting a self-help eviction, such as changing locks, shutting off utilities, or physically removing a tenant without a court order.
Once you have determined the grounds for eviction, you must serve a written eviction notice to the tenant. The type of notice you provide depends on the reason for the eviction:
10-Day Notice to Pay or Quit – If the tenant has failed to pay rent, they have 10 days to pay the overdue amount or vacate the property.
10-Day Notice to Cure or Quit – If the tenant violated a lease term, they have 10 days to correct the violation or move out.
Notice to Quit (No Cause Eviction) – If there is no lease or the lease has expired, you must provide a 21-day notice (for tenancies under one year) or a 91-day notice (for tenancies over one year).
The notice must be delivered in person or posted at the rental property in a conspicuous place. If the tenant does not comply, you can proceed with filing an eviction lawsuit.
If the tenant does not vacate after receiving a proper eviction notice, you must file a Forcible Entry and Detainer (FED) lawsuit in the county court where the rental property is located. The filing fee typically ranges between $85 and $135, depending on the court.
After filing the lawsuit, a court summons will be issued, and the tenant will have a few days to respond. If the tenant contests the eviction, the case may go to a court hearing.
At the hearing, both the landlord and tenant will have an opportunity to present their case. You should bring evidence supporting your eviction claim, such as:
A copy of the lease agreement
Rent payment records
Written communication with the tenant
The eviction notice and proof of service
If the tenant does not appear in court, you may be granted a default judgment in your favor. If the court rules in your favor, a writ of restitution will be issued, allowing the sheriff to remove the tenant.
If the tenant refuses to leave after the court order, you must request the Denver County Sheriff’s Office to enforce the eviction. The sheriff will serve the tenant with a writ of restitution, giving them a final deadline to vacate.
If the tenant does not leave voluntarily, the sheriff will conduct a physical eviction, and the landlord can legally remove the tenant’s belongings from the rental unit.
Evictions in Denver must be handled carefully to avoid tenant retaliation claims or violating Colorado eviction laws. Common mistakes include:
Failing to provide proper notice – Incorrect notices can lead to case dismissal.
Accepting partial rent payments – This can void the eviction process.
Retaliatory or discriminatory evictions – Landlords cannot evict tenants based on race, gender, religion, disability, or other protected classes under the Fair Housing Act.
Using unlawful self-help measures – Changing locks or shutting off utilities without a court order is illegal.
If you are unsure how to proceed, consulting a Denver eviction lawyer can help protect your legal rights as a landlord and ensure you comply with Colorado law.
Navigating the eviction process can be legally complex and time-consuming. A Denver eviction lawyer can help you:
Draft and serve proper eviction notices
File the necessary court paperwork
Represent you in court if the tenant contests the eviction
Ensure compliance with Colorado landlord-tenant laws
If you need assistance with an eviction, Baker Law Group can provide legal guidance and representation to help you regain possession of your rental property quickly and legally.
If you are dealing with a difficult eviction situation, don’t wait until legal complications arise. Contact a Denver eviction lawyer at Baker Law Group today for a consultation.
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