Eviction occurs when the landlord obtains possession of the premises because the tenant has not paid rent, has broken a condition of the lease, or remains on the premises without permission of the landlord after the end of the lease term. The procedures for eviction are set forth by the laws of the State of Colorado in a statute entitled, "Forcible Entry and Detainer" (Section 13-40-101 et seq., C.R.S.).
When a Tenant Has Not Paid Rent
Before evicting a tenant for non-payment of rent, the landlord must serve the tenant with a written, signed demand giving the tenant the choice of either paying the full rent or moving out within three days. The notice must be properly "served" on (this means "given to") the tenant by giving it to the tenant or to another person occupying the premises or to a member of the tenant's family over fifteen years of age who resides on or is in charge of the premises, or by posting the notice in a conspicuous place on the premises.
After the notice has been served and if the tenant has not paid the rent or moved out within the three days, the landlord need not accept the rent and may file an eviction suit. A waiver of the tenant's right to a three-day notice prior to eviction for non-payment of rent is not enforceable. If the tenant pays the rent in full within the three days, the eviction action is stopped.
If you receive a three-day demand for payment of rent or possession of the prem!ises, and you cannot pay the rent in full within the three days, it is suggested that you contact the landlord and offer to arrange a partial payment and develop a timetable for full payment (such as a certain amount each week). If the landlord accepts your offer, get this agreement IN WRITING. Remember, the landlord has no obligation to accept rent payment after the three days.
When a Tenant Has Broken a Condition of the Lease
Before evicting a tenant for non-compliance with lease conditions, the landlord must serve the tenant with a written, signed demand giving the tenant the choice of either complying with the lease condition or moving out within 3 days, by giving it to the tenant or to another person occupying the premises or to a member of the tenant's family over fifteen years of age who resides on or is in charge of the premises, or by posting the notice in a conspicuous place on the premises. The notice must state the grounds upon which the landlord is relying for eviction and give the tenant three days to move out voluntarily, or comply. After the written notice has been served and if the tenant has not complied with the lease condition, the landlord may file an eviction suit.
In this situation, it is recommended that the tenant comply with the lease condition and send the landlord notice stating that he has complied.
Mediation may help in this situation, especially where the tenant believes that the landlord is mistaken about whether the tenant has broken a condition of the lease, or if the tenant wants to re-negotiate lease terms. (See Mediation.)
When the Tenant Remains on the Premises After the End of the Lease Period Without Permission of the Landlord
The landlord is not required to give a three-day notice before commencing an eviction action against a tenant who has not left at the end of the lease term.
Eviction Procedure -- Forcible Entry and Detainer
If proper written notice has been given to the tenant and the tenant has not vacated the premises or paid the rent or complied with the lease condition, the landlord may initiate an eviction suit under a specific procedure set forth in the "Forcible Entry and Detainer" Colorado statute (Section 13-40-101 et seq., C.R.S). The eviction procedure is as follows (so you know what the process is that will be affecting you if you are being evicted):
1. The landlord may file in County or District Court.
2. The landlord must have the tenant served with a "Summons and Complaint" form. (These forms can be obtained at most stationery stores.)
The Summons and Complaint may be served by:
3. The summons will have a date and time for the tenant to appear in court and to file his/her answer to the complaint. To file an answer in County Court, the tenant must pay a fee. If you wish to fight the eviction or the claim for rent, you should file your answer to the charges with the court before the court date. The answer may deny the charges of the complaint and list any claims the tenant may have against the landlord. If the tenant does not file an answer, the landlord will receive a default judgment.
4. At the hearing, both landlord and tenant will be given an opportunity to present their cases. If the tenant does not appear in court, the landlord will receive a default judgment.
5. The court judgment may be in favor of the landlord or the tenant. If the judgment is in the landlord's favor, the tenant may be ordered not only to vacate the premises, but also to pay back rent and/or amount of damages as well. The losing party may also be ordered to pay attorneys' fees and court costs.
6. If the judgment is against the tenant, the tenant has 48 hours in which to move. After that time, the landlord can have a "writ of restitution" issued, and the sheriff will come to forcibly evict the tenant, i.e., move the tenant's possessions onto the street. If the landlord has obtained a court order evicting the tenant, the landlord may not lock the tenant out of the premises, shut off the utilities, or forcibly move the tenant or his/her possessions out of the building. The sheriff is called in by the court to perform such functions.
It is probably illegal in Colorado for a landlord to evict a tenant without a court order, and a landlord should consult with an attorney prior to attempting a self-help eviction. Any tenant whose landlord is evicting him/her without a court order should seek legal advice immediately.
In the Event of a Lockout
Lockouts by landlords are probably illegal in Colorado. If you are locked out, you may not "breach the peace" (i.e., hit your landlord, disturb the neighbors, break down the door) to re-enter the premises. You may be able to sue for damages suffered (such as hotel costs). If you must get into the premises:
1. Get a neighbor to witness that there is a lock on your door.
2. Call the landlord and ask him/her to remove the lock. If the landlord refuses, tell him/her that lockouts are illegal and that you will sue for damages if necessary.
3. Re-enter the apartment/house with a minimum of damage. If you must, break or slip the lock, or go in through a window. It is not illegal to break into your own home (assuming here that you have the right to possession of these premises). You will probably be liable for the cost of any damages you cause entering the premises. If the police have been called by the landlord or a neighbor, explain to the police that you have been illegally and wrongfully evicted and that you are seeking access to your home. Above all, stay calm and don't yell, or you may be arrested for disturbing the peace. Be prepared to prove that you live there (a driver's license or a neighbor who can vouch that you live there should be sufficient). If the landlord arrives, remain calm. Do not disturb the peace. If necessary, leave.
4. If you are unable to gain access to the apartment/house, you can get an injunction from the courts in a short amount of time, requiring the landlord to remove the lock.
YOU SHOULD GET IMMEDIATE LEGAL ADVICE FROM AN ATTORNEY PRIOR TO ATTEMPTING TO RE-ENTER THE PREMISES THROUGH SELF-HELP ENDEAVORS.
Retaliatory Evictions
A landlord cannot evict a tenant for exercising his/her legal rights, for example, complaining to the housing inspector or organizing other tenants. This is termed a retaliatory eviction and is illegal in the City of Boulder. A retaliatory eviction defense may be acceptable in Colorado courts. You must be able to prove the retaliatory nature of your eviction. If you receive an eviction notice (or on a month-to-month tenancy, a notice to terminate) after having repeatedly complained to your landlord about conditions of your rented abode or after having reported him/her to the Boulder Housing Inspection Office or the State Board of Health, seek immediate legal advice.
To prove the retaliatory nature of an eviction you must have documented your complaints and other actions. You should have written down times and dates that you spoke with your landlord and what was discussed. Witnesses to such conversations can be helpful. You should have a copy of all written correspondence. You should have records of your communication with any housing office or governmental agency. You may also want to write a summary letter of all that has transpired, including the information mentioned above that led up to the eviction, and send it by registered mail to your landlord and to the agency to which you complained. If you have not documented your request for repairs of complaints to city or state agencies, then you do not have a retaliatory eviction defense.
It is also illegal under federal and state civil rights laws to evict, discriminate or otherwise retaliate against any person because he has testified, assisted or participated in a fair housing investigation, proceeding or hearing. See Discrimination for information about filing a charge.
Uninhabitable Premises -- Constructive Eviction
Unless otherwise expressly agreed, there is an implied agreement in every lease of real property that the landlord will refrain from acts or omissions that interfere with the tenant's right of peaceable enjoyment of the premises. If this implied agreement is breached by the landlord, either by act or by omission, resulting in the premises becoming legally uninhabitable, the tenant may vacate the premises, terminate the lease, and owe no further rent. To assert a constructive eviction, the tenant must abandon the premises within a reasonable time after his/her right to enjoyment of the premises was breached. Before the tenant is justified in moving out (unless the situation is an immediate life-threatening condition), the landlord must also have been given notice of the problem by the tenant and a reasonable time in which to remedy the situation.
Constructive eviction can also be claimed if the landlord has broken a promise in the lease, with the effect that the tenant's right of peaceable enjoyment of the premises has been substantially interfered with. A tenant should get legal advise from an attorney prior to exercising this remedy.
Mediation may be a good way to resolve this type of situation.