How to evict a tenant in Colorado: steps and timeline
In Colorado you serve a written demand for payment or possession, ten days for most residential leases, then file an eviction case in county court. The summons sets the appearance seven to 14 days out, and a tenant who owes rent can end the case by paying everything due before judgment. After judgment, an officer may not execute a residential writ until at least ten days later.
What notice does Colorado require?
C.R.S. 13-40-104(1)(d) makes a tenant guilty of unlawful detention who holds over after a default in rent and ten days' written notice requiring, in the alternative, payment of the rent or possession of the premises. The period is three days for a nonresidential or employer-provided housing agreement, and five days for an exempt residential agreement, which is a single family home leased by a landlord who owns five or fewer single family rentals and who says in the agreement that the ten-day period does not apply. The agreement cannot waive the notice.
For another lease violation, subsection (1)(e) uses the same ten days to comply or deliver possession. A repeat of the same violation after a notice allows termination on ten days' notice to quit (subsection (1)(e.5)). A substantial violation, as defined in 13-40-107.5, follows its own notice rules. An ordinary tenancy with no breach is ended by notice to quit under 13-40-107: 91 days for a tenancy of a year or longer, 28 days for six months to under a year, and 21 days for one month to under six months.
How do you serve it?
Section 13-40-108 allows delivering a copy to the tenant or another occupant, leaving it with a member of the tenant's family over age 15 who lives on or is in charge of the premises, or, if no one is there when service is attempted, posting it in a conspicuous place on the premises. Colorado cities and counties may add their own requirements, so check the local rules for your property.
What is the court timeline?
After you file, the clerk or your attorney issues a summons that sets the tenant's appearance not less than seven nor more than 14 days after the day it is issued, and the court may not enter a default judgment before the close of business on the appearance date (13-40-111). Personal service is the first choice. If a diligent effort fails, the server may post the summons and complaint on the premises, and you must mail them to the tenant at the premises no later than the next business day. Service must be made at least seven days before the appearance (13-40-112).
The tenant files a written answer by the appearance date (13-40-113). After an answer, the court sets trial no sooner than seven nor more than ten days later unless the tenant waives that, though a court can extend it for good cause.
Which mistakes cost a Colorado landlord time?
- Using ten days when the agreement is nonresidential or employer-provided housing (three days), or relying on the five-day period without the required statement in the agreement.
- Putting a waiver of the notice in the lease. The statute does not allow one.
- Leaving a notice defect for the hearing. A tenant who answers does not waive a notice defense, but must raise it in the answer or a prehearing motion (13-40-113).
- Filing a case in county court that claims more than the court's limit of $25,000 for rent, damages or a counterclaim (13-40-109).
A tenant can also defend by showing that a violation resulted from domestic violence or abuse documented by a police report or a valid protection order, under 13-40-104(4), and that defense cannot be waived in the lease.
Can the tenant pay and keep the home?
Yes, for nonpayment. Under 13-40-115(4), a landlord who gave proper notice of nonpayment must accept full payment of all amounts due under the notice, plus rent that remains due under the rental agreement, at any time until the judge issues a judgment for possession. The tenant can pay the landlord or the court. Once the court confirms full payment, it vacates judgments and dismisses the action with prejudice. The right cannot be waived in the lease.
How long until the tenant is out?
A writ of restitution cannot issue until 48 hours after judgment is entered, and an officer may execute a residential writ only in daylight and not until at least ten days after judgment (13-40-122). That stretches to 30 days for a tenant who receives supplemental security income, Social Security disability insurance or Colorado Works cash assistance, except for a substantial violation judgment or a landlord with five or fewer single family rentals and no more than five rental units in total. A writ stays in effect 49 days after it issues (13-40-115(3)).
Example a made-up landlord serves a ten-day demand on Monday, November 2, 2026, and the tenant neither pays nor leaves. The landlord files on Friday, November 13, and the court sets the appearance for Friday, November 20, inside the seven to 14 day window. The tenant does not answer, and the court enters judgment that day. The officer cannot execute until ten days later, Monday, November 30. That is 28 days from the notice to the earliest removal. Any answer from the tenant, a continuance or a longer local notice makes it longer.
How DoorKeeping handles it
DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.
Sources
Questions
- How many days notice do I give a Colorado tenant for unpaid rent?
- Ten days in writing, requiring payment or possession, for most residential leases. It is five days for an exempt single family agreement and three days for a nonresidential or employer-provided housing agreement (C.R.S. 13-40-104).
- Can a Colorado tenant pay late and stay?
- For nonpayment, yes. You must accept full payment of everything due under the notice plus rent still owed at any time until a judge enters a judgment for possession (13-40-115).
- How long after judgment before a Colorado writ can be carried out?
- For a residential tenancy, at least ten days after judgment, or 30 days for a tenant who receives SSI, SSDI or Colorado Works cash assistance, with exceptions for small landlords and substantial violations (13-40-122).