The eviction case from demand to writ

Bottom line first. An eviction in Colorado is a court case, and only the court (through the sheriff) can remove a tenant. You start with a written demand, wait out the notice days, possibly take part in mediation, file a complaint, serve a summons, win a judgment, and only then can an officer execute a writ. Skipping a step or doing it yourself, such as changing the locks, can cost you thousands. Cities such as Denver and Boulder can add rules, so check your city and a lawyer. This is education, not legal advice.

Step 1: the written demand

The 2024 act (HB24-1098) amended the unlawful-detention grounds in 13-40-104, so check the current text before you rely on any ground below.

A demand is a written notice asking the tenant to pay or comply, or else leave. The law calls staying after a demand period expires an unlawful detention (C.R.S. 13-40-104). The demand must be in writing, give the grounds, describe the premises, state when they must be handed back, and be signed by you, your agent or your attorney (C.R.S. 13-40-106(1)). A residential demand must also say that a tenant who receives supplemental security income, Social Security disability insurance or Colorado Works cash assistance has a right to mediation before you file (13-40-106(2)).

The notice days (13-40-104(1)):

• Unpaid rent: ten days' written notice that demands either the rent or the premises. The lease cannot waive this notice.
• Another broken lease term: ten days' notice demanding compliance or the premises.
• Nonresidential or employer-provided housing: three days for either of the above.
• Exempt residential agreement: five days. This is a lease of a single-family home by a landlord who owns five or fewer single-family rental homes and who states in the lease that the ten-day period does not apply (13-40-104(5)(b)).
• Substantial violation: three days, with the grounds stated (lesson 6; 13-40-107.5).
• Repeat of the same broken term after an earlier notice: the tenancy can end ten days after written notice to quit (three days nonresidential or employer housing, five days exempt residential) (13-40-104(1)(e.5)).

Serve the notice as lesson 6 describes (C.R.S. 13-40-108). Staying put is not an unlawful detention for a substantial violation or another broken lease term if the violation was caused by domestic violence or abuse against the tenant, documented by a police report or protection order, though the landlord can still pursue the person who committed it (13-40-104(4)).

Step 2: mediation, when it applies

The complaint must carry a signed affidavit about mediation. A residential tenant who receives the benefits listed above may have a right to mandatory mediation, which is a meeting with a trained neutral person at no cost to the tenant. It does not apply if the tenant did not disclose the benefits when asked in writing, or does not receive them, or if the landlord is a nonprofit that already offers mediation, or a landlord with five or fewer single-family rental homes and no more than five total rental units. The state office of dispute resolution must schedule it within fourteen calendar days after you ask. If you skip required mediation, the tenant can raise that as a defense and the court dismisses the case without prejudice (so you must file again) (C.R.S. 13-40-110(1)).

Step 3: file the complaint

You file a written complaint with the court describing the property, the grounds, the person in possession, a request for possession, and the affidavit above. It may also state the rent due, the rate it grows, the damages due, and ask for rent and damages to come (13-40-110(1)). It must say whether you will appear in person or remotely and whether it is a residential or commercial eviction (13-40-110(3)).

Step 4: summons and the tenant's answer

The clerk or your attorney issues a summons, a court paper telling the tenant to appear. The date must be not less than seven and not more than fourteen days after it is issued. No default judgment for possession may be entered before the close of business on that date (C.R.S. 13-40-111(1)). A default judgment is a win for one side because the other did not respond. The summons must also include the notices, blank answer form and legal-aid list the statute requires (13-40-111(4) to (6)). A tenant who says unfixed repairs excuse unpaid rent must pay the rent due, less repair costs they incurred, into the court at filing, unless the court waives it for low income (13-40-111(1)).

Step 5: judgment, the right to pay, and the writ

If the court finds an unlawful detention, it enters a judgment for possession and issues a writ of restitution, which is the court order that lets an officer put the landlord back in possession. It also fixes rent due, damages and property damage, plus fees and costs as in other civil cases, up to the court's limit (C.R.S. 13-40-115(2)). A writ stays in effect for 49 days and then expires (13-40-115(3)).

The tenant's right to cure. If you served a proper notice of nonpayment, you must accept the full amount stated in it, plus any rent still owed under the lease, any time until the judge enters a judgment for possession. The tenant can pay you or the court. The court then vacates judgments and dismisses with prejudice, which means for good. The tenant cannot waive this right in writing (13-40-115(4) and (5)).

Executing the writ. A court may not issue the writ until 48 hours after the judgment is entered. For a residential tenancy, the officer cannot execute it until at least ten days after judgment, and only in daylight between sunrise and sunset. Thirty days applies if the tenant receives the benefits listed above (HB23-1120), with exceptions for a substantial violation judgment and for the small landlord with five or fewer single-family rentals and five total units (C.R.S. 13-40-122(1)). The officer must inspect the premises for pets and give any pet found to the tenant if the tenant is present. If the tenant is not there, the officer contacts the local animal control authority to take custody, and no pet may be left unattended on public or private property (13-40-122(2.5); HB23-1068). You have no duty to store or inventory the tenant's property removed under a writ. If you choose to store it, you may charge reasonable storage costs (13-40-122(3) and (4)).

Newer changes to know

• Filing fees (HB24-1099). The court process for waiving eviction filing fees was removed, and the act bars county courts from charging defendants fees to file answers, motions or other documents in evictions. It took effect November 1, 2024.
• Subsidized tenants (HB25-1240). If you start an eviction for nonpayment against a tenant who uses a housing subsidy, you must follow the notice requirements set in federal law for such tenants. Housing-subsidy discrimination claims carry at least $5,000 in damages if the tenant wins. The act took effect May 29, 2025.

Some statute websites still show older text, so check the bill summaries on leg.colorado.gov.

Damages and attorney fees

The winning side in the case may recover damages, fees and costs. In a residential case, a winning landlord or tenant gets attorney fees only if the lease contains a fee provision for either party (C.R.S. 13-40-123). A fee clause in a lease must cut both ways (38-12-801(3)(a)(II)).

What a landlord must never do

You may not enter property except where the law allows, and then only peaceably (C.R.S. 13-40-102). Nobody may forcibly hold property against the person with the lawful right to it (13-40-103). A landlord may not remove or exclude a tenant without court process, unless the tenant agrees, the home is abandoned (for example keys returned, belongings largely gone, or a long absence with unpaid rent), or a drug-lab cleanup rule applies. Willfully shutting off utilities, or taking off doors, windows or locks other than for repair, counts as unlawful removal (C.R.S. 38-12-510(1)). The tenant can sue and the court can order possession restored (38-12-510(3)).

Example with real numbers

Marcus rents a house to Priya for $1,600 a month in a lease that is not an exempt residential agreement. She does not pay.

1. Marcus serves a written demand for the rent or possession. Ten days must pass.
2. He files, and the summons sets a date between 7 and 14 days out. Say Priya does not answer; a default judgment still cannot be entered before the close of business that day.
3. Judgment is entered on April 1. The writ cannot issue until 48 hours later (April 3). An officer cannot execute it for at least ten days after the judgment, April 11 at the earliest.
4. If Priya instead pays the full amount in the notice plus the rent still due before the judge enters judgment, the case is dismissed.

Now the wrong way. Marcus gets frustrated and changes her locks on March 15 without court process. The court finds a violation and Priya shows $2,000 in actual damages.

1. Three times the monthly rent: 3 x $1,600 = $4,800.
2. The higher of $4,800 or $5,000 is $5,000.
3. Statutory damages: $2,000 actual plus $5,000 = $7,000, plus her attorney fees and costs, and a court can order her back in (38-12-510(2), (3)).