Colorado Law
The Colorado Eviction Process in 2026: Timeline, Costs and For-Cause Rules
By Denver Rental Managers · Updated October 16, 2026 · 8 min read
Summary
A typical Colorado eviction for unpaid rent takes about four to eight weeks. It starts with a 10-day demand for compliance or possession, then a court filing with a return date 7–14 days out, a trial if the tenant answers, and a writ of restitution the court can issue 48 hours after judgment but the sheriff cannot execute until at least 10 days after judgment. Since April 19, 2024, most non-renewals also require legal cause under HB24-1098.
Key takeaways
- Most residential nonpayment and lease-violation cases start with a 10-day demand; federally subsidized units require 30 days.
- The tenant can cure by paying everything owed, including late fees, any time before judgment.
- Court filing fees in county court run $85–$135 depending on the amount claimed.
- The writ of restitution can issue 48 hours after judgment, but the sheriff cannot execute it until at least 10 days after judgment.
- HB24-1098 requires cause to evict or non-renew most residential tenancies; no-fault reasons need 90 days’ notice.
- Self-help evictions such as lockouts or utility shutoffs are illegal.
Step 1: The right written notice
Every Colorado eviction begins with written notice, and the wrong notice is the most common reason landlords lose. The Colorado Judicial Branch’s 2026 landlord clinic materials describe three main notice types.
| Situation | Notice | Time the tenant gets |
|---|---|---|
| Unpaid rent, standard residential lease | Demand for Compliance or Possession | 10 days to pay |
| Unpaid rent, federally subsidized unit | Demand for Compliance or Possession | 30 days |
| Material lease violation | Demand for Compliance or Possession | 10 days to cure or vacate |
| Exempt residential agreement | Demand | 5 days |
| Employer-provided or nonresidential housing | Demand | 3 days |
| Substantial violation (violent or drug felony, serious danger) | Notice to Terminate Tenancy | 3 days, no right to cure |
| No-fault reason under HB24-1098 | Notice of No-Fault Eviction | At least 90 days |
The nonpayment demand must state the amount owed and the dates it was due. Serve it by hand delivery to the tenant or a household member 15 or older. If no one is home, attempt personal service twice on two different days before posting it in a conspicuous place. The notice period starts the day after service and cannot end on a weekend or holiday. In Denver, include the city’s Tenant Rights and Resources document with any rent demand.
Mandatory mediation
If the tenant receives SSI, SSDI or TANF, they qualify for mandatory mediation through Colorado’s Office of Dispute Resolution, and your demand must include a statement telling them so. Landlords with five or fewer properties are exempt from mandatory mediation, though a judge can still order it.
Step 2: Filing the case (forcible entry and detainer)
If the tenant neither pays nor moves out, file an FED complaint (form JDF 101) in the county court where the property sits. The clerk sets a return date between 7 and 14 days after filing, and the tenant must be served at least 7 days before that date.
| Amount claimed | Court | Filing fee |
|---|---|---|
| Under $1,000 | County | $85 |
| $1,000 to $15,000 | County | $105 |
| $15,000 to $25,000 | County | $135 |
| Over $25,000 | District | $235 |
If service is by posting and mailing rather than in person, the court can award possession but not a money judgment for back rent.
Step 3: The return date and trial
The return date is the tenant’s deadline to file an answer. If they answer, the trial is set 7 to 10 days later. Since an October 2024 Colorado Supreme Court decision, either side can demand a jury trial on factual disputes in possession cases. As the plaintiff, you carry the burden of proof, so bring the lease, ledger, notices, proof of service and photos, with three copies of each document.
Common defenses include defective notice or service, rent tendered and refused, acceptance of rent after the notice, retaliation for a habitability complaint, failure to offer mandatory mediation, and discrimination. The tenant can also stop the case by paying all amounts due, including rent and late fees, any time before judgment.
Step 4: Judgment and the writ of restitution
If you win, the court orders possession and may enter a money judgment. After 48 hours, you can request a writ of restitution, which authorizes the sheriff to remove the tenant. Under C.R.S. 13-40-122, the sheriff cannot execute a residential writ until at least 10 days after judgment, and the wait is longer for some tenants, including domestic-violence survivors. The writ is valid for 49 days.
Realistic timeline and costs
| Stage | Typical time |
|---|---|
| Demand period | 10 days |
| Filing to return date | 7–14 days |
| Trial, if the tenant answers | 7–10 days after return date |
| Judgment to earliest lockout | 10+ days, then sheriff scheduling |
| Total for a contested nonpayment case | About 4–8 weeks |
Budget for the filing fee, process server, an attorney if you use one, lost rent during the case, and turnover costs afterward. Remember that Colorado late fees are capped at the greater of $50 or 5% of past-due rent, can’t be charged until rent is 7 days late, and can’t be the sole basis for an eviction.
The for-cause eviction law (HB24-1098)
HB24-1098 took effect April 19, 2024. Where it applies, you cannot evict or refuse to renew a residential tenancy without cause.
- Traditional causes: nonpayment, material, substantial or repeat lease violations, nuisance or disturbance, and negligent damage.
- No-fault causes: demolition or conversion, substantial repairs of 30 days or more, the landlord or a family member moving in, withdrawing the unit to sell it, the tenant refusing a new lease with reasonable terms, and a history of nonpayment.
- Notice: a no-fault non-renewal requires a Notice of No-Fault Eviction given at least 90 days before you proceed.
- Exemptions: court materials list short-term stays under 30 days and owner-occupied homes, meaning a single-family home, duplex or triplex where the owner lives on the same lot as their primary residence. Several summaries also describe a threshold for tenants in place less than 12 months.
Early drafts required relocation assistance for no-fault evictions; news reports on the signed bill say that requirement was removed. Confirm current obligations with a Colorado attorney before serving any no-fault notice. Where the law does not apply, Colorado’s standard notice-to-terminate periods govern, such as 91 days for a tenancy of one year or more.
What you must never do
Do not change the locks, remove belongings, or shut off heat, water or electricity. That is a constructive eviction, and it exposes you to damages. Only the sheriff, with a court-issued writ, can remove a tenant.
How Denver Rental Managers handles this
Strong screening prevents most evictions, and documented rent demands prevent most courtroom losses. When a case is unavoidable, we serve compliant notices, coordinate with a Colorado eviction attorney and bill legal costs at cost; on our Premier plan we cover up to $2,500 in eviction legal costs for tenants we placed. See our guarantees and pricing.
This guide is general information, not legal advice. Confirm current rules with a Colorado attorney before acting on a specific eviction.
Sources
- Colorado Judicial Branch: FED (eviction) landlord clinic slides, September 2026
- Colorado General Assembly: HB24-1098 Prohibit Residential Eviction Without Cause
- C.R.S. 13-40-122: writ of restitution timing
- Colorado Bar Association: 2021 changes to Colorado landlord-tenant law
- Colorado Newsline: Governor signs for-cause eviction bill
This guide is general information for Colorado landlords, not legal advice. Laws change; confirm current requirements with the Colorado Division of Real Estate or a licensed attorney before acting.
