Colorado Eviction Laws: Legal Reasons and Tenant Defenses

If you're renting in Colorado and facing potential eviction, understanding your rights is key. Eviction can be a stressful process, but both landlords and tenants must follow strict legal procedures under Colorado law. This guide explains the legal reasons for eviction, possible defenses for renters, and the forms and steps involved—all in plain, renter-friendly language.

When Can a Landlord Legally Evict a Renter in Colorado?

Colorado law sets clear rules about when a landlord can evict a tenant. Most evictions require specific legal justification. Here are the most common reasons:

• Nonpayment of Rent – If rent is not paid on time and in full, the landlord can begin eviction proceedings after required notice.
• Lease Violations – Breaking the lease agreement, such as having unauthorized pets or tenants, can be grounds for eviction if not corrected after notice.
• End of Lease Term – If your lease has ended and you have not moved out or renewed, the landlord can request you leave according to proper notice periods.
• Criminal Activity or Nuisance – Illegal activity or substantial damage can also justify eviction, sometimes after a shorter notice.

All eviction actions in Colorado must comply with the Colorado Revised Statutes, Title 13, Article 40 - Forcible Entry and Detainer^[1].

Required Eviction Notices and Forms

Before filing in court, a landlord must provide written notice. The type of notice and waiting period depend on the reason.

• 10-Day Demand for Compliance or Possession – Used for nonpayment of rent or lease violations. This gives you 10 days to fix the problem or move out.
• Notice to Quit – Applied when ending a month-to-month tenancy, usually requiring at least 21 days’ notice.
• Summons and Complaint in Forcible Entry and Detainer (Form JDF 99) – The official court paperwork you’ll receive if the eviction moves to court.

For form details, visit the Colorado Judicial Branch Housing Forms page.

What Happens If You Receive an Eviction Notice?

If you receive a notice, read it carefully. It should clearly list the reason, what you can do, and the timeframe. Often, you can "cure" (fix) the issue by paying overdue rent or addressing the violation within the notice period.

If you don't resolve the issue or move by the deadline, the landlord can file an eviction lawsuit with the court. You will then receive a Summons and Complaint, giving you a court date to appear before a judge.

Tribunal Handling Residential Tenancy Matters

All eviction cases in Colorado are handled by the Colorado County Courts in the county where the property is located.

Your Defenses as a Renter in Colorado

Even if a landlord starts an eviction, Colorado law protects renters by allowing several defenses in court:

• Improper Notice – If the landlord did not give the right type of notice, or did not wait the required days, the eviction may be dismissed.
• Retaliation – It's illegal to evict a tenant for making complaints to authorities or enforcing your rights (see the Colorado Revised Statutes Title 38, Article 12 – Tenant Protection^[2]).
• Failure to Maintain the Property – If serious repairs are ignored and you followed legal steps to notify your landlord, this may be a defense in court.
• Discrimination – Landlords cannot evict for reasons related to race, sex, disability, or other protected classes (see official guidance from the Colorado Civil Rights Division).

It's always a good idea to prepare documentation—such as payment records, emails, and photos—to support your case.

Official Court Form: Answer Under Simplified Civil Procedure (JDF 94)

• Form Name: Answer Under Simplified Civil Procedure (JDF 94)
• When & How to Use: Use this form to respond to the landlord's Complaint, laying out your defenses. Example: If you were served eviction papers and want to dispute the nonpayment claim because you paid rent or the landlord refused it, file this Answer before your court date.
• Download the official Answer form (JDF 94)

Key Action Steps for Colorado Renters Facing Eviction

• Read all notices carefully and act within the deadline
• Contact your landlord in writing if you believe there’s an error or you can resolve the issue
• Gather evidence for your defense (receipts, photos, communications)
• File an Answer (JDF 94) with the court if you are served with a lawsuit
• Attend all court dates to explain your side before a judge

Resolving misunderstandings early often prevents formal eviction and court records.

FAQ: Colorado Eviction and Tenant Defenses

1. What notice does a Colorado landlord need to give before eviction?
   For most lease violations and nonpayment, landlords must serve a 10-day written notice to comply or vacate. Longer notice (usually 21 days) is required to end certain tenancies, such as month-to-month.
2. How long does an eviction take in Colorado?
   The process typically takes several weeks, depending on notice periods and court scheduling. If the case goes to court, most tenants have at least 10-21 days notice before the court date.
3. What defenses can I use if my landlord tries to evict me?
   You can assert defenses such as improper notice, retaliation, lack of repairs, or discrimination—always provide documentation.
4. Do I have to move out immediately if I lose in court?
   No, if the judge rules for your landlord, the court issues a Writ of Restitution giving you at least 48 hours (often longer) before physical removal is allowed.
5. Where can I find official eviction and tenant forms?
   All state forms are available on the Colorado Judicial Branch Housing Forms page.

Summary and Key Takeaways

• Landlords in Colorado must provide proper notice and follow legal steps to evict.
• Tenants have the right to defend themselves in court using official forms.
• Act quickly—reading and responding to notices is vital to protect your home.

Need Help? Resources for Renters

• Colorado Judicial Branch: Self-Help Eviction Resources
• Colorado Civil Rights Division – Fair Housing Assistance
• Colorado Legal Services – Free or low-cost legal help for qualifying renters
• Denver Eviction Legal Defense Help
• To find your county court, visit the Colorado Courts Directory.

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1. Colorado Revised Statutes, Title 13, Article 40 – Forcible Entry and Detainer
2. Colorado Revised Statutes, Title 38, Article 12 – Tenant Protection

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