The Eviction Process in Colorado

Learn about the Colorado eviction process, including tenant rights and landlord responsibilities.

By , Attorney UC Berkeley School of Law
Updated by Amy Loftsgordon, Attorney University of Denver Sturm College of Law
Updated 2/11/2025

An eviction notice appearing on residential front door and a judge ruling on a case.

An "eviction" is the legal process a landlord uses to remove a tenant from a rental property. To evict a tenant in Colorado, the landlord must file a lawsuit and get a court order.

Colorado has many tenant protection laws that apply to evictions. Colorado landlords must carefully follow the rules and procedures under Colorado law. Otherwise, the court can dismiss an eviction suit, allowing the tenant to remain until the landlord (properly) restarts the eviction process.

This article covers the rules landlords and tenants need to know about the Colorado eviction process, tenant rights in Colorado, and Colorado's eviction laws.

What Is an Eviction in Colorado?

An "eviction" is a court-ordered process to remove a tenant and their belongings from a property. Some common reasons for eviction in Colorado are nonpayment of rent and lease violations. A tenant might also face an eviction if they stay in the rental property after the lease term ends.

Colorado Eviction Laws: An Overview

Colorado's eviction laws are primarily located in Title 13, Article 40, and Title 38, Article 12 of the Colorado Revised Statutes. Under these Colorado eviction laws, a landlord may evict a tenant:

  • for cause, such as not paying rent, or
  • in some circumstances, with "just cause," which is a particular reason that's no fault of the tenant.

Under Colorado law, a landlord can conduct a "just cause" eviction in only a few limited circumstances, such as if the landlord wants to sell the property or move into it (see below).

Notice for Termination With Cause

For a landlord to evict a tenant in Colorado before the tenant's rental term has expired, the landlord must have legal cause—no matter whether it's a fixed-term lease or a periodic rental agreement (one that renews automatically after the end of each term). Under Colorado law, a landlord can end a tenancy for cause when the tenant:

  • fails to pay rent
  • violates the lease or rental agreement, or
  • commits a serious act, such as a crime or violence toward another resident.

To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement or lease by providing the tenant with a notice that provides a reason for the termination.

Notice to Terminate for Failure to Pay Rent

When a landlord wants to terminate a tenancy because the tenant hasn't paid rent, the landlord must serve the tenant with a 10-day notice to terminate, sometimes called a "notice to pay rent or quit" (move out), or a Notice and Demand for Compliance and Right to Possession. If the tenant doesn't pay in full the rent owed before the end of the 10 days, the landlord can file an eviction lawsuit (also called an "unlawful detainer" suit). (Colo. Rev. Stat. § 13-40-104(1)(d) (2025).)

Colorado landlords who have an exempt residential agreement can shorten the notice period by serving a five-day notice to pay rent or quit. An "exempt residential agreement" is a lease or rental agreement for a single-family home made by a landlord who:

  • owns five or fewer single-family rental homes and
  • provides notice in the lease or rental agreement that the 10-day notice requirement doesn't apply to the rental. (Colo. Rev. Stat. § 13-40-104(1)(d),(5)(b) (2025).)

The tenant can avoid eviction by paying the rent owed in full at any time before the court enters a judgment for possession.

Type of Tenancy

Description of Tenancy

Notice Required to Evict for Nonpayment

Residential agreement

A tenancy that isn't an exempt residential agreement

10-day notice to pay or quit

Exempt residential agreement

The property is one of five (or fewer) rental properties owned by the landlord and rental agreement says the standard 10-day notice period doesn't apply

5-day notice to pay or quit

Notice to Terminate for Lease Violation

When a landlord wants to terminate a tenancy because the tenant violated a portion of the lease or rental agreement, such as a no-pets policy, the landlord must serve the tenant with a 10-day notice to cure (fix the problem) or quit (a Demand for Compliance or Right to Possession notice). If the tenant doesn't fix the problem before the end of the 10 days, the landlord can file an eviction lawsuit.

Colorado landlords who have an exempt residential agreement can shorten the notice period by serving a five-day notice to cure or quit. (Colo. Rev. Stat. § 13-40-104(1)(e) (2025).)

Repeat Violations

If a landlord has already served a notice to cure or quit for a lease violation, and the tenant repeats the same violation at a later time, the landlord can send the tenant a notice to quit without an opportunity to fix the matter (sometimes called an "unconditional notice to quit"). A good example of such a situation is when a tenant has received a notice to cure or quit for violating a no-pets policy by having a dog at the rental. If the tenant removed the dog after receiving the notice, but then brings in a cat, the landlord doesn't have to give the tenant another chance to follow the no-pets policy.

To terminate the tenancy, the landlord simply needs to serve a 10-day written notice to quit. (A five-day notice to quit can be served if it's an exempt residential agreement.) (Colo. Rev. Stat. § 13-40-104(e.5) (2025).)

Notice to Terminate for Causing a Nuisance

When a tenant engages in conduct that disturbs others or causes a nuisance that interferes with the quiet enjoyment of others, the landlord can give the tenant 10 days' notice that if the behavior doesn't stop, the tenancy will end. If the tenant doesn't stop the behavior by the end of the 10 days, the landlord can file an eviction lawsuit.

Colorado landlords who have an exempt residential agreement can shorten the notice period by giving a five-day notice to cure or quit. (Colo. Rev. Stat. § 13-40-104(1)(j) (2025).)

Notice to Terminate for Substantial Lease Violation

Special rules apply for terminations and evictions caused by "substantial violations" of a lease or rental agreement. Colorado law defines a substantial violation as an act or series of acts by the tenant (or their guest) that occurs:

  • on or near the rental and endangers a person or property
  • on or near the rental and is a violent or drug-related felony, or
  • at the rental or in the common areas and is a criminal act that carries a possible prison term of at least 180 days and is considered a public nuisance.

Landlords can serve tenants who substantially violate the lease or rental agreement with a three-day notice to quit. If the tenant doesn't move out of the rental unit by the end of three days, then the landlord can file an eviction lawsuit against the tenant. (Colo. Rev. Stat. § 13-40-104(1)(d.5), § 13-40-107.5 (2025).)

Cause to Evict

Description of Cause to Evict

Notice Required

Lease violation

Tenant violated the lease

10-day notice to cure or quit (5-day notice for exempt residential agreement)

Repeat lease violation

Same violation

10-day notice to quit (5-day notice for exempt residential agreement)

Causing a nuisance

Disturbing others

10-day notice to cure or quit (5-day notice for exempt residential agreement)

Substantial lease violation

Endangering others, drug and violent crimes, certain other crimes and illegal activities

3-day notice to quit

Notice for No Fault ("Just Cause") Terminations

As of April 2024, Colorado has "just cause" (sometimes called "no fault") requirements for landlords refusing to renew a lease or rental agreement. When a Colorado landlord doesn't have a legally recognized reason (cause) to evict a tenant, the landlord's options for ending the tenancy depend on the type of tenancy and how long the tenant has lived at the rental.

Just Cause Termination Requirements

In some situations, Colorado requires that landlords have cause—a reason—for not renewing a tenant's lease or rental agreement. Cause is required to end tenancies except for rentals:

  • where the tenant hasn't lived there for at least 12 months
  • leased pursuant to an employer-provided housing agreement, and
  • that have fewer than four units and the landlord lives on site. (Colo. Rev. Stat. § 38-12-1302 (2025).)

It's important to note that even if the rental agreement is month-to-month, once a tenant has lived in the rental for 12 or more months, the rental is subject to the state's just cause termination rules.

What Is "Just Cause" for Eviction Under Colorado Law?

"Cause" to end the tenancy includes the fault-based reasons discussed above, as well as the following "no-cause" reasons:

  • Demolition or conversion of residential premises. When a landlord plans to demolish the building, convert it to a nonresidential use, or convert it to a short-term rental property, the landlord can give the tenant a 90-day notice that describes the project and gives the tenant the date by which they must move out.
  • Substantial repairs or renovations. When a landlord wants to make substantial repairs or renovations to the property, the landlord can give the tenant a 90-day notice that describes the expected repairs and plans. If the renovation is expected to last less than 180 days, the tenant can (within 10 days of receiving the notice) let the landlord know they'd like to return to the rental, in which case the landlord must give them the first right of refusal to sign a new rental agreement with reasonable terms.
  • Landlord or family member assumes occupancy. If the landlord or a family member of the landlord plans to use the rental as their own residence, the landlord can give the tenant a 90-day notice. The landlord or landlord's family member must move into the premises within three months after the tenant leaves. The landlord also can't list the premises for a long-term or short-term rental for at least 90 days after the tenant must move out.
  • Withdrawal from rental market for the purpose of selling the property. When a landlord plans to sell the rental, they can give the tenant a 90-day notice to move out.
  • Tenant refuses to sign a new lease with reasonable terms. If the tenant won't sign a new rental agreement with reasonable terms, the landlord can give the tenant a 90-day notice to move out.
  • History of nonpayment of rent. If the tenant submits a rent payment late more than two times during the period of the rental agreement, the landlord can give the tenant a 90-day notice to move out. The rent must have been at least 10 calendar days late. (Colo. Rev. Stat. § 38-12-1303 (2025).)

If a landlord doesn't have a fault-based or no-fault cause to not renew the tenant's lease or rental agreement, the landlord must continue to rent to the tenant.

Other Situations Not Governed by Colorado's Just Cause Rules

In rental situations that aren't governed by Colorado's just cause rules, the following rules apply.

Ending a Tenancy Under a Fixed-Term Lease

Unless a Colorado landlord has cause, they can't end the tenancy until the lease expires. The landlord doesn't have to give the tenant a notice to quit or other notice that the lease is about to end, unless the lease specifically requires notice. Otherwise, without a renewal of the lease, the landlord can simply wait for the lease term to end, and the tenant must move out.

If the tenant fails to move out when the lease expires, the landlord can immediately file an eviction lawsuit, without giving the tenant any notice to leave. (Colo. Rev. Stat. § 13-40-104(1)(c) (2025).)

Ending a Periodic Tenancy (Rental Agreement)

A periodic tenancy is one that is typically for a short amount of time but renews automatically under the terms of a rental agreement. The most popular form of periodic tenancy is month-to-month.

In Colorado, landlords who want to end a periodic tenancy without cause must give a certain amount of written notice to terminate. The amount of notice required depends on the length of the rental agreement's term. For example, if the landlord wants to end a month-to-month tenancy without cause, the landlord must give the tenant a 21-day notice to quit. (Colo. Rev. Stat. § 13-40-107(1)(c) (2025).)

The notice must describe the property and the particular time when the tenancy will terminate and be signed by the landlord or landlord's agent. (Colo. Rev. Stat. § 13-40-107(1)(c) (2025).) If the tenant doesn't move out by the deadline in the notice, the landlord may evict the tenant.

Colorado Tenants Who Want to End a Periodic Tenancy Must Give Notice

It's not just landlords in Colorado who have to give written notice to end a periodic tenancy—tenants do, too. For example, a tenant with a month-to-month rental agreement and needs to move out must give the landlord a written 21-day notice. (Colo. Rev. Stat. § 13-40-107 (2025).)

When a month-to-month (or other period) tenant moves out without giving notice, they'll be on the hook for rent until the landlord realizes they've abandoned the rental and is able to find a replacement tenant.

Service of Notices

Colorado law requires landlords to attempt to personally serve demands and notices (both cause and no fault notices) to a tenant or by leaving such copy with some person, a member of the tenant's family above the age of 15 years, residing on or in charge of the premises. Or, if no one is available to accept service on two separate days, by posting the copy in some conspicuous place on the premises. (Colo. Rev. Stat. § 13-40-108, § 38-12-1301(8) (2025).)

Filing an Eviction Lawsuit

After the time in the notice to quit has passed (and, if the tenant hasn't cured when given the opportunity to do so), the landlord can file an unlawful detainer (eviction) lawsuit. The court will set a date for a hearing on the matter, and the landlord must serve notice of the lawsuit on the tenant. Each defendant must be served at least 7 days before the court hearing date. (Colo. Rev. Stat. § 13-40-112(3) (2025).)

Court Hearing and Judgment

If a tenant doesn't appear at the hearing, the court will most likely enter a default (automatic) judgment for the landlord. The court will enter the judgment into the official court records.

What Is a Writ of Restitution?

Colorado courts issue a writ of restitution 48 hours after the judgment is entered. (Colo. Rev. Stat. § 13-40-122 (2025).) The landlord can then take the writ of restitution to a law enforcement officer (usually the sheriff), and the sheriff will then be responsible for the physical removal of the tenant.

Under Colorado law, it is never legal for a landlord to attempt to force the tenant to move out of the rental unit (that is, to do a self-help eviction), and the tenant could sue the landlord for trying. The landlord also can't turn off the heat, water, or other utilities to attempt to forcibly remove a tenant. A tenant can only be legally removed with a court order after a formal eviction process.

Tenant Defenses Against Eviction in Colorado

Even though a landlord might have a valid legal reason to evict a tenant, the tenant can still choose to fight the eviction. The tenant could have a valid legal defense, such as the landlord failing to maintain the rental unit.

The decision to fight the eviction could increase the cost of the lawsuit or increase the amount of time the tenant gets to remain in the rental unit.

Additional Tenant Rights During the Eviction Process

Several other landlord-tenant laws might affect both property owners and renters in Colorado, including:

  • tenant protections against landlord retaliation for a tenant's exercising a legal right, such as complaining about an unsafe living condition
  • prohibitions on a landlord trying to get around Colorado's just cause requirements by increasing a tenant's rent in a discriminatory, retaliatory, or unconscionable manner (Colo. Rev. Stat. § 38-12-1307 (2025)), and
  • fair housing rights.

Belongings Left Behind After an Eviction in Colorado

After an eviction, the landlord might find that the tenant has left behind personal belongings. Unlike most states, the landlord isn't required to contact the tenant before disposing of the property. (Colo. Rev. Stat. § 13-40-122(3) (2025).)

The property is considered abandoned, and the landlord can immediately dispose of it. If the landlord chooses to store the property until the tenant claims it, the landlord can charge the tenant the costs of the storage. However, the landlord isn't liable to the tenant for any damage that may come to the property while the landlord is storing it. (Colo. Rev. Stat. § 13-40-122(3),(4) (2025).)

Resources for Tenants and Landlords in Colorado

Nolo offers various books covering landlord-tenant issues.

For Tenants:

For Landlords:

Other Resources

If you have further questions about evictions or need legal assistance, consider talking to a lawyer. If you need help but can't afford a lawyer, consider asking a legal aid organization for assistance. Visit the Legal Services Corporation and LawHelp.org websites to learn more about legal aid.

You can find forms and detailed information about the eviction process in Colorado on the Colorado Judicial Branch's website. For more information on evictions in Colorado, you can also visit the Colorado Legal Services website.

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