The Denver eviction process runs through Denver County Court, and since April 2024 a landlord must have a legally recognized cause before starting it. The sequence is fixed: written notice to the tenant, an Eviction Complaint filed in court, formal service of the summons, a court date, and, if the landlord prevails, a Writ of Restitution executed by the Denver Sheriff’s Office. Skipping any step — or using the wrong notice form — can sink the case, and removing a tenant without a court order exposes the landlord to statutory penalties that dwarf the cost of doing it correctly.
What Counts as Legal Cause
Colorado law now prohibits evicting a residential tenant without cause.1Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant Qualifying reasons split into two categories.
Fault-based reasons include unpaid rent, a violation of a material lease term, conduct that creates a nuisance or disturbs other tenants, and negligent damage to the property. No-fault reasons cover situations where the tenant has done nothing wrong but the landlord has a legitimate reason to end the tenancy: demolishing or substantially renovating the unit, the landlord or a family member moving in, withdrawing the unit from the market for sale, or the tenant refusing to sign a new lease with reasonable terms.1Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant
A no-fault eviction carries a price. The landlord must pay the tenant relocation assistance equal to two months’ rent, plus another month if anyone in the household is under 18, at least 60 years old, low-income, or has a disability.2Colorado General Assembly. Just Cause Requirement Eviction of Residential Tenant This is money paid out of pocket before regaining possession, separate from any security deposit.
Substantial violations, such as criminal activity on the premises or conduct endangering other residents, are treated more severely than ordinary lease violations. They carry shorter notice periods and cannot be cured by the tenant.3Justia. Colorado Code 13-40-107.5
The Required Written Notice
Nothing gets filed in court until the tenant has been served with a written notice matched to the reason for eviction. Using the wrong form is one of the fastest ways to have a case thrown out.
Demand for Compliance (JDF 99 A)
For unpaid rent or a curable lease violation, the landlord serves form JDF 99 A.4Colorado Judicial Branch. Residential Evictions The tenant then has a set number of days to pay or fix the violation. A standard residential lease gets 10 days. Exempt residential agreements get 5 days, employer-provided housing gets 3, and properties covered by the CARES Act require 30.5Colorado Judicial Branch. JDF 99 A – Demand for Compliance If the tenant pays or corrects the issue in that window, the eviction stops there.
Notice to Terminate Tenancy (JDF 99 B)
Substantial violations, repeated violations, and lease non-renewals use form JDF 99 B.4Colorado Judicial Branch. Residential Evictions A substantial violation requires only 3 days’ notice.3Justia. Colorado Code 13-40-107.5 Non-renewals scale with the length of the tenancy: leases of a year or longer require 91 days’ notice; six months to under a year requires 28 days; month-to-month requires 21 days; week-to-week or at-will requires 3 days; and anything shorter than a week requires 1 day.6Colorado Judicial Branch. JDF 99 B – Notice to Terminate Tenancy Landlords ending a year-long lease routinely miss the roughly three-month runway this requires.
No-Fault Eviction Notice (JDF 99 C)
When the reason is demolition, renovation, landlord move-in, or sale, the landlord uses form JDF 99 C.7Colorado Judicial Branch. JDF 101 – Eviction Complaint The relocation assistance obligation applies to these cases.
Getting Service Right
Any notice must list every adult occupant, name the property, and state the reason. If the tenant is not home, the notice is typically posted on the front door. An Affidavit of Service documenting the date, time, and method of delivery is the record the court will want to see.
Filing in Denver County Court
Once the notice period ends without resolution, the landlord files an Eviction Complaint (JDF 101) and a Summons (JDF 102) in Denver County Court, either in person at the City and County Building or through Colorado’s electronic filing system.4Colorado Judicial Branch. Residential Evictions
Colorado charges no filing fee for eviction cases. The cost is $0 for the landlord’s complaint and $0 for the tenant’s answer, regardless of how much back rent is claimed.8Colorado Judicial Branch. List of Fees
The Summons and Complaint then have to be formally delivered. Personal service — handing the documents directly to each named tenant — must be done by someone over 18 who is not a party to the case, at least seven days before the first court date.9Judicial Legal Help Center. Landlord’s Options for Serving an Eviction A private process server or a Denver Sheriff’s deputy can do it. If personal service fails after multiple attempts, the court may allow service by posting and mailing.
How the Tenant Responds
A tenant who wants to contest the case must file an Eviction Answer (JDF 103) on or before the court date on the summons.4Colorado Judicial Branch. Residential Evictions There is no filing fee.8Colorado Judicial Branch. List of Fees The Colorado Judicial Branch offers a free guided online tool for completing the form.
The answer is where defenses are raised. One of the strongest is breach of the warranty of habitability: the argument that the landlord failed to maintain livable conditions after receiving written notice. To use it, the tenant must show a condition threatening life, health, or safety, that the landlord was notified and failed to act, and that the tenant did not cause or block repair of the problem.10Colorado Judicial Branch. Understanding the Warranty of Habitability A tenant can also file an Unlivable Conditions Affidavit (JDF 104) alongside the answer.4Colorado Judicial Branch. Residential Evictions
Related court costs, like a $98 jury demand fee, can be waived. Tenants apply using forms JDF 205 and JDF 206, with eligibility based on household income at or below 125% of the federal poverty line or enrollment in programs like SSI, TANF, or SNAP.11Colorado Judicial Branch. Fee Waivers
The Court Date and Mediation
The return date on the summons is where things start moving. A tenant who does not appear can lose by default, giving the landlord immediate possession.
Mandatory pre-eviction mediation applies only to a narrow group of cases — those where the tenant receives Supplemental Security Income, Social Security Disability Insurance, or cash assistance through Colorado Works. When it applies, the landlord must schedule mediation through the Office of Dispute Resolution within 14 days of a request.12Colorado Judicial Branch. Mandatory Pre-Eviction Mediation Landlords with five or fewer single-family rentals and no more than five total units are exempt, as are 501(c)(3) nonprofits that already offer mediation. Denver County Court also offers voluntary mediation in other cases.
If nothing settles, the case goes to a hearing. The judge reviews the lease, the notices served, and any defenses. Contested cases typically go to trial within 7 to 10 days of the initial appearance. Either side can request a jury trial by filing a demand and paying the $98 fee, which tenants can seek to waive.8Colorado Judicial Branch. List of Fees
Writ of Restitution and Sheriff Removal
After a judgment for possession, the court cannot issue the Writ of Restitution — the order that authorizes physical removal — for at least 48 hours.13Justia. Colorado Code 13-40-122 – Writ of Restitution After Judgment – Definitions Those two days give the tenant a final chance to move out on their own.
Once issued, the writ goes to the Denver Sheriff’s Office, which charges $100 to execute it. Payment must be by certified check, cashier’s check, or money order.14City and County of Denver. Sheriff Department – Civil Processes – Eviction Information Sheet The sheriff schedules the removal and supervises it. Until the sheriff arrives, the landlord cannot change locks, remove belongings, or take any other physical action. After the removal is complete, the landlord can change the locks and take possession, and belongings left behind are typically moved to the property line or a designated area.
Appeal Deadlines
A tenant who loses can appeal, but the window is short. The Notice of Appeal must be filed in Denver County Court within 14 days after the judgment is entered.15Colorado Judicial Branch. Instructions for Filing a County Court Civil or Small Claims Appeal In that same 14 days, the tenant must post an appeal bond, typically one month’s rent or an amount the judge sets, in cash, certified funds, or through a licensed surety. The case then moves to Denver District Court, with 35 days from the county court filing to complete the district court paperwork. Miss the 14-day deadline and the right to appeal is gone. If the tenant wins on appeal, the bond is returned.
What Landlords Cannot Do on Their Own
Colorado makes it a civil violation to remove a tenant without a court order. Under § 38-12-510, a landlord cannot change the locks, shut off utilities, remove doors or windows, or physically force a tenant out. The only exceptions are mutual consent, an abandoned unit, or a court-ordered cleanup of an illegal drug lab.16Justia. Colorado Code 38-12-510 – Unlawful Removal or Exclusion
The penalties are steep. A tenant can recover actual damages plus a statutory penalty, whichever is greater: three times the monthly rent or $5,000. The landlord also pays the tenant’s attorney fees and court costs, and a judge can order the tenant restored to possession.16Justia. Colorado Code 38-12-510 – Unlawful Removal or Exclusion Landlords who take shortcuts often end up paying far more than a proper eviction would have cost.
If the Tenant Has Federal Housing Assistance
Tenants in public housing or project-based rental assistance programs have additional federal protections that override shorter state timelines. A public housing authority must provide at least 30 days’ written notice before filing an eviction for nonpayment of rent, and cannot serve that notice until the day after rent is due.17eCFR. 24 CFR 966.4 – Lease Requirements If the tenant pays within that 30-day window, the eviction cannot proceed. These federal rules apply on top of Colorado’s notice periods, so the landlord must follow whichever timeline is longer. HUD proposed changes to these rules in 2025, but as of early 2026 the 30-day requirement remains in effect while the proposed rule is under public comment. A subsidized-housing tenant who receives an eviction notice with a shorter deadline than federal rules allow should raise that in their answer.