If you’re a landlord, at some point you are going to have a tenant who stops paying his rent, or breaks the terms of his lease. This kind of tenant can only hurt you in the long run. Other tenants will start to complain about this guy playing loud music at 2:00 in the morning, or you’ll start having to cover his rent to pay your mortgage. It’s time for him to go.
Before you evict him, it’s important to know what the rules are under Colorado eviction law. And if you’re a tenant, it’s important for you to know what steps your landlord has to take before he can lawfully evict you.
The landlord must take the following steps in order to lawfully evict someone in Colorado:
1.Post a Demand for Compliance or Right to Possession Notice or Notice to Quit
The Notice to Quit will be posted in the event the lease term has expired and the lease has not been renewed. The landlord must comply with the proper notice periods in order for the Notice to Quit to be effective.
The Demand for Compliance or Right to Possession will be posted when the tenant has failed to pay rent or otherwise failed to comply with lease terms.
2.Once the time period for the Notice to Quit or Demand for Compliance or Right to Possession Notice has expired, the landlord can then file a Complaint in Forcible Entry and Detainer with the county court in which his property is located. The current filing fee is $87.00. The court clerk will set the case for a court date at this time as well.
3. The landlord must then serve the tenant with the Complaint in Forcible Entry and Detainer, a Summons in Forcible Entry and Unlawful Detainer, and Answer Under Simplified Civil Procedure. The landlord cannot serve the tenant. The lawsuit must be served by a third party, such as the sheriff or a process server, or someone over the age of 18 who is not a party to the lawsuit.
4. The landlord must then file an affidavit of service with the court clerk to show that the tenant has received proper notice of the lawsuit.
At the court date, there are a few possible outcomes.
1. The tenant can agree to move out of the property within 48 hours, and the parties can agree to a payment plan for any back rent.
2. The parties can agree that the tenant can remain on the premises under certain conditions. Those conditions will be reduced to writing and filed with the court.
3. The tenant my file an Answer which disputes the landlord’s claim, such claims might include payment of rent that was unaccounted for, that the premises were uninhabitable so rents were applied to repairs, or an oral agreement that contradicts the landlord’s claim.
4. If the tenant does not appear, the court will likely enter an order for possession, which will allow the landlord to take possession of the property, with the sheriff’s assistance if necessary.
All forms referred to on this page can be found on the Colorado State Judicial Branch’s website here.
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Wed, Jan 20, 2010
Consumer Law, Landlord/Tenant Law