When a Colorado landlord pursues an eviction for one of his tenants, he needs to send an eviction notice that terminates the lease and informs the tenant of an impending eviction action. This notice period has a length depending on the reason the landlord is seeking the eviction. When the landlord is granted the eviction order, the tenant gets the physical eviction notice.
Colorado evictions take place for two reasons: either the tenant is not current on rent or the tenant is violating terms in his lease. The first type of notice you'll see during a Colorado eviction is the termination notice, which is a demand for the landlord to take possession of the rental unit prior to going to court. Both types of evictions use a three-day notice to leave the rental unit or fix the problem, whether the tenant needs to catch up on rent or fix a specific lease violation. The landlord uses legal form JDF97 for the notice to quit.
The Colorado landlord has the option to go to court and file an eviction complaint if the tenant does not wish to deliver possession of the property to the landlord after the three-day period expires. A Colorado eviction lawsuit is called a Forcible Entry and Unlawful Detainer suit. The landlord needs to fill out forms CRCCP 1A, JDF 98 and JDF 99. These forms are the eviction complaint itself, the summons and the affidavit of service.
The landlord is granted a default judgment if the tenant does not answer the summons, or if he does not attend the court hearing. At the hearing, the landlord explains the eviction causes and provides any evidence substantiating these claims, such as rental invoices or witnesses. The tenant can defend himself or ask for more time to leave the apartment. The court gives the tenant a specific amount of time to leave after the judgment is rendered.
If the Colorado tenant stays in the home after the court appointed time to leave, the landlord files form JDF 103, a Writ of Restitution. The court approves this document and sends it to the sheriff's office. The sheriff serves the tenant with the Writ. This is a physical eviction notice, and the tenant generally gets a 24-hour notice before the Writ is executed.
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