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Housing Cases
Housing Cases

Residential Evictions

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These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

About Residential Evictions

 

Note!

  • Some forms are unavailable at this time.
  • They are being updated to comply with recent changes in law.

 

Understanding Eviction Options and Next Steps:

Guides

Written Guide

Video Guide

 

Step-by-Step Forms

Step 1 - Pre-Filing Requirements (Landlord)

 

Step 1A - Eviction Notice

Note: Use the Spanish Translation version if the Tenant's primary language is Spanish.

 

Step 1B - Mandatory Mediation (if required)

 

Step 2 - Start the Case (Landlord)

Note: Use the Spanish Translation versions if the Tenant's primary language is Spanish.

 

Step 3 - Service (Landlord)

 Gather copies of the Step 2 Documents along with a blank copy of:

Provide the forms to a process server or Sherriff's Office to formally deliver (called personal service) to the Tenants.  Provide Form:

  • JDF 98  -  Affidavit of Service (Just sections 1-4)

The process server will complete the form and return it to you.  File that into your case.

 

Step 4 - Response (Tenant)

 

Step 5 - Prepare for Hearing

 

Step 6 - Resolution

  • JDF 106 A  -  Stipulated Agreement (parties agree to terms to end the case)
  • JDF 106 B  -  Order re Stipulated Agreement

Or

 

Step 7 - Enforcement (If Needed)

  • JDF 109  -  Writ of Restitution
  • JDF 91  -  Motion for Entry of Judgment on Stipulation

Subpoenas

How to Issue a Subpoena

  • A Subpoena must be served no later than 48 hours before the court event.
  • A Subpoena to Appear is a document issued by the clerk (at the request of one of the parties) to require a witness to attend a deposition, hearing, or trial.  It can also require the witness to bring certain documents or evidence to the event.
  • A court hearing or trial must be scheduled before you request a subpoena.
  • For additional information, please review C.R.C.P. 345.

View Instructions and Forms on Issuing a Subpoena

Frequently Asked Questions about Evictions

Common Eviction Questions

How do I file an Eviction (FED)?

An eviction is also called a Forcible Entry and Detainer (FED). Detailed instructions for filing the FED is found at the following link:

https://www.coloradojudicial.gov/media/9420 

When can I file an eviction case with the Court?

Once you post the proper notice (Demand for Compliance - JDF99 A; or Notice to Terminate Tenancy - JDF99 B; or Notice of No Fault Eviction - JDF99 C) and the allotted time has passed, you may file the Eviction Complaint (JDF 101) and the Eviction Summons (JDF 102), along with a copy of the notice that you posted, with the Court.

Who can file the eviction case with the Court?

The case must be filed by a “person in interest”, i.e. the property owner or other individual or entity identified as the landlord or "lessor" on the lease. If you are the property manager or the individual or entity acting as an agent for the owner(s), you may be required to show proof of your authority to the Court. Please contact your local courthouse for further information.

Where do I file my eviction case?

  • The eviction must be filed in the County where the property is located.

What is a Demand for Compliance (JDF 99 A)?

  • This is a demand that is given by a landlord (owner) to a tenant requiring them to comply or correct a violation of the lease or to pay past due rent to avoid eviction.
  • The time to comply is between 3 and 30 days and depends on the rental agreement.
  • The demand must be in the tenant's primary language.

What is a Notice to Terminate Tenancy (JDF 99 B)?

  • This is sometimes called a Notice to Quit.
  • This is a notice that is given by a landlord (owner) to a tenant requiring them to vacate the property if the tenant has repeatedly or substantially violated the rental agreement, or engaged in criminal behavior.
  • In limited situations, the landlord my give this notice if they are not renewing a rental agreement.
  • The notice period may be between 1 and 91 days depending on the rental agreement.
  • The notice must be in the tenant's primary language.

What is a Notice of No-Fault Eviction (JDF99 C)?

  • This is a notice is used when the landlord wants to terminiate a lease for the following reasons: demolition or conversion, substantial repairs, landlord use, selling the home, no new rental agreement, or history of late payments.
  • The notice period must be at least 90 days.
  • Some tenants may not qualify and some landlords are exempt - please see JDF99 C for more information.
  • The notice must be in the tenant's primary language.

After I filed my eviction paperwork, I was told to serve the other party. What does that mean?

  • There are two options of service: personal service or service by posting and mail.
  • Service must be made at least 7 days before your hearing date (also called a "return" date) listed on the Eviction Summons.
a. Personal service
  • Your paperwork can be served by the Sheriff’s Department in the County where the defendant lives or works, by a Private Process Server, or by someone 18 years of age or older, who is not a party to the case.
  • The person serving the paperwork must complete the Affidavit of Service (JDF 98) for each defendant listed. You will need to get the Affidavit of Service from the individual or agency that served the documents and file it with the Court.
  • Personal service is required if you are seeking a monetary (money) judgment.
b. Service by Posting and Mailing
  • If personal service cannot be made, the person who attempted to complete service can post the papers on the main door of the dwelling.
  • No later than the next day following the day you filed the Complaint (eviction) with the Court, you must mail a copy of the Summons, Complaint, and Answer to the Defendant(s). Please include any exhibits you filed with the Court.
  • Complete the Certificate of Mailing on the Eviction Summons (JDF 102) and return the certificate to the Court.
  • If you complete service by posting and mailing, the Court will only be able to award you possession of the property and cannot assess (award) money damages. 

Do I have to file an answer?

  • It is in your best interest to file an answer. If you do not file an answer or do not appear in court, the court may rule against you. This is called a Default Judgment.
  • If you were personally served with the Eviction Complaint and Eviction Summons, a money judgment may also be ordered. 

How do I file an answer?

  • Once you receive the eviction papers, you can file a written response to your landlord’s complaint. You will fill out your answer on the Eviction Answer Form (JDF 103), and file it with the Court.
  • The purpose of the Answer is for the tenant (also called defendant) to respond to the claims or allegations in the Eviction Complaint. This is your time to give a legal defense.  For more information, please  look at the Eviction Answer form at the following link: https://www.coloradojudicial.gov/sites/default/files/2024-11/JDF103.pdf 

What is the Unlivable Conditions defense (C.R.S. 38-12-503)?

  • This is also known as the "Warranty of Habitability" defense
  • If the landlord serves the tenant with an eviction notice for nonpayment of rent, the unlivable conditions is a possible defense if the property was not fit for people to live in (also called "habitation").
  • If the tenant believes the home is unlivable, they must have given written notice to the landlord describing the condition(s). The written notice must state that the landlord has five days to repair the condition (unless the condition was the result of the tenant). The form can be found online at: https://www.coloradojudicial.gov/sites/default/files/2024-11/JDF104.pdf  

Please note the following if you are claiming the Unlivable Conditions Defense: 

  • The tenant must pay into the court registry the amount of rent due (minus the expenses).
  • If all the rent is not paid to the court at the time of filing, the tenant will be in default.
  • The party who loses, may have to pay attorney’s fees if these terms are in the lease.
  • If no terms are listed, neither party will receive attorney’s fees. 

Can I have a jury trial on an eviction case?

  • Yes. 

The tenant was ordered to leave by the Judge, but they are still there. What can I do? 

  • If the court orders a tenant to move out, they are usually given 48 hours.
  • If the tenant does not leave, the plaintiff can file a Writ of Restitution (JDF 109) with the court. Once ordered, the Writ will allow the Sheriff to physically remove a tenant from the property.
  • You will need to fill out the writ and return it to the Court for the Judge’s signature.
  • After the Writ is signed by the Judge, you must contact the Sheriff to set up a date for removal. There is a fee to have the Sheriff serve a Writ of Restitution. Please contact your local Sheriff’s department for further information.

More Resources

File Forms Online

 

Efiling Video Guide:

 

Hearing Tips

 

On Your Court Date
  • Be on time or early for your court hearing
  • Have all of your information, completed paperwork, exhibits (lease, notice, etc.), and any other evidence with you. Evidence can include a copy of the lease, copies of emails between the landlord and renter, copies of rent receipts, photographs of the property, etc. Organize and label each piece of evidence as exhibits that you can share with the judge.
    • If you are the Plaintiff, label your exhibits with numbers starting with 1.
    • If you are the Defendant, label your exhibits with letters starting with A.
    • Make copies of your exhibits for the other Party (plaintiff, other defendants) and for the judge. You will have to pay for any copies that the courthouse staff makes for you.
  • Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge."
  • You may be asked to talk with the other other person(s) involved in the case) to see if you can settle the case before the hearing.

 

During the Hearing
  • The Plaintiff(s) will tell the judge why the Defendant should be evicted from the apartment or house.
  • The Defendant(s) tell the judge why the Plaintiff should not evict the Defendant(s) from the apartment or house.
  • Both the Plaintiff and the Defendant should focus on the facts. Present any exhibits to the judge and call witnesses to provide important information about your case.
  • Ask your witnesses questions so that they can testify.
  • If the other person has an attorney, the attorney may object to or ask the judge to ignore exhibits and witnesses that you try to bring up in your case.

 

Outside Resources

House, Apartment, or Condo Evictions Forms

Colorado Judicial Branch has compiled all forms required for House, Apartment, or Condo Evictions.

View Forms

Additional Resources