Eviction - City of Longmont

Eviction

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Evictions

The only way a landlord can terminate a lease and evict a tenant from any type of rental property is by going through a Forced Entry and Detainer (FED) legal action to obtain a court order requiring the tenant to vacate the property. It is never legal for a landlord to evict a tenant without a court order. Self-help by a landlord is illegal in Colorado. Evictions are governed by Colorado law under C.R.S. §13-40-101 et seq. Click here to download the Eviction Process Overview (PDF).

 

Reasons for Eviction

A landlord may initiate an eviction action against a tenant for the following reasons:

  • Tenant has failed to pay rent
  • Tenant has violated a term of the lease
  • Tenant has committed a substantial violation while in possession of the rental premises, which may include, for example, a violent or drug-related felony on or near the rental property or an act on or near the rental property which substantially endangers a person or the landlord’s property (see C.R.S. §13-40-107.5)
  • Tenant refuses to leave the rental after the end of the lease, which includes a month-to-month tenant staying on after the landlord has given required notice that the lease will not be renewed at the end of the month

 

The Eviction Procedure at Glance

Notice

  • 10 Day Demand Notice for Non-Payment of Rent OR Non-Monetary Lease Violation
  • 3 Day Notice for Substantial Violation
  • Second Notice to Quit – 10 days notice to move
  • Notice to Quit – Tenant has 21 or more days to move out (depends on lease terms)

 

Court

If tenant does not pay or move, landlord files for eviction in Court and serves tenant with Complaint and Summons.

 

Eviction

If Judgment for Possession is entered, landlord can have Sheriff assist tenant from rental if not moved out within 48 hours of time order entered.

 

The Eviction Process

Step 1: Determine Case

  • Tenant has failed to pay rent
  • Tenant has violated a term of the lease
  • Tenant refuses to leave the rental property after the end of the lease, or
  • Tenant at will

 

Step 2: Landlord gives tenant a “demand for compliance or right to possession” or a “notice to quit”

  • The 10-day Notice states that the tenant must “cure” or fix the lease violation or vacate the rental property within 10 days. Weekends/holidays count, but the next day must follow a business day. The 10-day notice must be a written demand.
  • If the tenant pays the rent or fixes a first time non-monetary lease violation with in the 10-day period, the landlord must accept the money or the correction and cannot evict the tenant. If the tenant fails to pay or correct the violation or does not give up possession of the rental property then the tenant is subject to eviction.
  • If the tenant does not pay rent, cure the violation, or move out in 10 days, the landlord may fi le a Force Entry and Detainer (“FED”) action with the court. The landlord may file without the assistance of an attorney.

 

Step 3: Eviction or forced entry and detainer (“Fed”) action in court

Complete and file a “Complaint in Forcible Entry and Detainer” and “Summons.” This can be obtained at the Boulder County Courthouse in Longmont or Boulder or at www.courts.state.co.us. The Court Clerk will set the case for a “return date” or court date on the next Friday more than seven days after the fi ling. The landlord must serve the tenants with a copy of the Compliant and the Summons by either:

 

  • Personal service
  • Service by posting and mailing

 

Either form of service must be done by either the Sheriff ’s Department, or a private process server, or someone over the age of 18 who is not involved in the case. Make sure that the Return of Service portion of the Summons is completed by the individual doing the service. If posting and mailing, post the Complaint and Summons in a conspicuous place and then mail the Complaint and Summons to the tenant by the next day.

 

Both the landlord and tenant should go to Court on the return date with all necessary paperwork (for example: Complaint, Summons, 10-day Notice, Return of Service, Answer, lease, and any records of payment or documents supporting the landlord’s reason(s) for eviction or the tenant’s defense(s).) Both the landlord and tenant should be ready to explain in a brief, concise way why the eviction should (landlord) or should not (tenant) be ordered.

 

Completing and Filing an Answer

The tenant has the right to file an “Answer” before the return date. The Answer includes the tenant’s defense(s), and counterclaim. If desired, the tenant may request a jury trial by paying the jury fee (please check with the Court Clerk for the amount of the current filing and jury fees, as they are subject to change). All answers require a filing fee.

 

Go to Court on the Return Date

It is important that both the landlord and the tenant appear in Court.  If the tenant does not appear and the landlord can prove to the Court that the lease has been violated, the Court can, and most likely will, enter the eviction order without the tenant(s) being present.

 

Consider Mediation

At any point throughout the eviction process, a landlord and tenant can choose to utilize mediation services to attempt a resolution. Mediation is often more efficient and less expensive than litigation and allows parties to craft their own agreement. To find out more about how mediation may be an option for your situation, email mediation services.

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