Denver Eviction Process
Rental properties in Denver come under the authority of the Denver County court system. State law prevents a landlord from physically forcing an eviction or changing the locks under any circumstances. Instead the landlord must give three days notice, then file suit in county court. This will lead to a hearing which may result in the issuance of a possession order, giving the tenant an additional 48 hours to leave before officials can force eviction.
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Notice
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A landlord in Colorado can begin eviction proceedings against a tenant for any breach of the lease, including failure to pay rent. The first step is to issue a written notice to quit and deliver it to the tenant in person or attach it to the property. In all cases the notice period is three days, which includes weekends and public holidays.
In rent cases, the tenant has the option to pay the undue rent, which will end the landlord's right to continue seeking eviction. Also in rent cases, the terms of a written lease cannot override the three-day notice requirement.
Lawsuit
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Once the three-day period has expired, the landlord should file a forcible entry and detainer lawsuit with the county clerk's office. For Denver properties, this should be in Denver County Court. In November 2010 the county reduced the number of court locations from four to one, with the remaining court at 520 West Colfax Avenue.
A landlord should bring a copy of the three-day notice and the lease, plus any other relevant evidence such as a photograph of the notice attached to the property.
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Hearing
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The county clerk's office will schedule a hearing, usually within five to 10 days. If the tenant does not appear, the landlord will usually get a default possession judgment. If the tenant does appear, a judge will hear both sides and then issue a possession judgment if ruling in the landlord's favor.
Eviction
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Once a court issues a possession judgment, the tenant must leave the property within 48 hours. If this does not happen, the landlord can go back to the court and file for a writ of restitution. This then allows the landlord to authorize the sheriff's office to physically evict the tenant.
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References
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