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Colorado Eviction occurs when the court enters an order
for the tenant to vacate the property. This
order is enforceable only by the sheriff. It
allows the sheriff to monitor the removal of the
tenant and their property from the premises.
Colorado
Evictions without Court Order
As in most states it is never legal for a
Colorado landlord to evict a tenant without a court
order.
When a Colorado Tenant Has Not Paid Rent
Before filing a suit in Colorado to evict a tenant for
nonpayment of rent, the landlord must post a
written, signed demand giving the tenant the choice
of either paying the past due rent or moving out
within three days. In computing the period of days
the first day is excluded. Therefore, the three day
time period begins the day following the posting.
The notice must be posted in a conspicuous place on
the premises. After the notice has been posted and
if the tenant has not paid the rent or moved out
within three days, the landlord need not accept the
rent and may file an eviction suit at your local
Justice Center. The time begins running whether or
not the tenant discovers it posted. Also the time
continues to run regardless if it is a Saturday, a
Sunday, or a holiday. The tenant's legal right to
this three day notice prior to eviction for
nonpayment of rent cannot be taken away by the
language in a lease.
When a Colorado Tenant has Broken
a Condition of the Lease
Before filing a suit to evict a tenant for
noncompliance with lease conditions, the landlord
must post a written, signed demand in a conspicuous
place for delivery of possession of the premises.
The notice must state the reason the landlord
believes the tenant is in violation of the lease and
give the tenant three days to either move out
voluntarily or correct the violation. (Noise
violations are particularly difficult issues for
both landlords and tenants regarding eviction.)
After the written notice has been posted and if the
tenant has not moved out by the end of the three
days and has not corrected the violation, the
landlord may file an eviction suit at the local Justice
Center. In computing the three day
notice the first day is excluded. Therefore, the
three day period begins the day following the
posting. The start of the three day time limit
begins running whether or not the tenant discovers
it posted. Also the time continues to run regardless
of whether it is a Saturday, a Sunday or a holiday.
Roommate
Problems
Where a problem arises in a roommate situation,
eviction of one or more roommates can be done by the
landlord. The landlord can serve the tenant by
posting a three day notice (summons and complaint)
on the premises or by leaving a copy with a resident
in the household over the age of 18. In addition,
the landlord must send the summons and complaint in
the mail the following day. If service is by
posting, a copy must be mailed the next day. Where
confusion exists regarding legal rights and
responsibilities by any of the roommates, legal
advice should by sought.
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In all
circumstances, written roommate agreements are
recommended to clarify roommate responsibilities and
expectations. Sample
roommate agreements are available at the
Community Mediation Service, 2160 Spruce Street,
Boulder, 80302, (303) 441-4364.Tenant's Continuing
Liability for Rent
If a tenant leaves the premises before the end of
the lease term in compliance with a landlord's
demand to vacate, the tenant may still be
responsible to pay rent.
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Eviction
Procedure-Unlawful Detainer
A. Three Day
Notice Colorado
If the proper three day written notice has been
given to the tenant, the tenant should immediately
call the landlord, the Community Mediation Service
(if applicable), and/or legal counsel to attempt to
resolve the issues, or comply with the lease (if the
eviction is for breaking a clause of the lease,
e.g., non-payment of rent, noise, pets, guests.) If
the situation has not been remedied within the
three-day time period, the landlord may initiate an
eviction suit under a specific procedure set forth
by laws of the State of Colorado in a statute
entitled "Forcible Entry and Detainer."
(Section 13-40-101 et seq., C.R.S.)
The Colorado landlord may not
lock the tenant out of the premises, shut off the
utilities or forcibly move the tenant or his/her
possessions out of the building. Once the landlord
has obtained a court order for eviction the sheriff
may be called in by the court to perform such
functions.
By state law, the prevailing party in a
"Forcible Entry and Detainer" suit is
entitled to an award of reasonable attorney's fees
and costs of suit.
B.
In Event of a Lockout
Any form of self-help by a landlord, including
locking a tenant out of the premises, is not
permissible. Actions such as physical contact or
intimidation should be reported to the police. If a
tenant is locked out, the tenant may not force their
way back into the premises. A tenant should seek
legal advice prior to attempting to re-enter the
premises on their own.
Uninhabitable
Premises-Constructive Eviction
Unless otherwise expressly agreed, there is an
implied agreement in every lease for real property
that the landlord will refrain from acts or
omissions which interfere with the tenant's right of
peaceable enjoyment of the premises. If this implied
agreement is breached by the landlord, either by act
or by omission, resulting in the premises becoming
legally uninhabitable, the tenant may vacate the
premises, terminate the lease, and owe no further
rent. To exercise this remedy, the tenant must
abandon the premises. Before the tenant is justified
in moving out, the landlord must also have been
given notice of the problem by the tenant and a
reasonable time in which to remedy the situation. A
tenant should get legal advice from an attorney
prior to exercising this remedy. Only in extreme
conditions may a tenant vacate the premises and stop
paying rent. This remedy should never be attempted
without first talking to an attorney.
It is wise to consult an attorney
to protect your legal rights if your landlord seeks
possession of your apartment. Never ignore legal
papers.
Other Sources for Colorado Evictions: |
