Fight an Illegal Eviction in Colorado: Your Renter Rights

If you're a renter in Colorado facing eviction, it's crucial to know your rights. Not every eviction is legal. This article guides you through how to identify and fight an illegal eviction in Colorado, with direct links to official government resources and forms.

What Is an Illegal Eviction in Colorado?

An illegal eviction happens when your landlord tries to force you out of your home without following the proper legal process. Under the Colorado Revised Statutes Title 38 – Property, landlords must follow certain steps before evicting a tenant. Actions like changing the locks, shutting off utilities, or removing your belongings without a court order are unlawful.

Recognizing Signs of an Illegal Eviction

Common examples include:

• Locking you out without proper notice or a court order
• Shutting off electricity, water, or heat deliberately
• Physically removing your belongings
• Threatening you to leave with no legal notice

Landlords in Colorado must always give written notice and obtain a formal court order before requiring tenants to move out.^[1]

Understanding Legal Eviction: What Landlords Must Do

Before an eviction can occur, your landlord must complete all legally required steps:

• Serve you with a written eviction notice, typically a "Demand for Compliance or Possession" (JDF 99)
• Wait the appropriate notice period (generally 10 days for most lease violations)
• File a formal case in county court
• Obtain a court order for eviction (called a judgment for possession)
• If needed, the sheriff’s office carries out the eviction—not the landlord

If any of these steps are skipped, the eviction is likely illegal.

How to Respond If You’re Facing Illegal Eviction

If you believe your landlord is trying to evict you unlawfully, take these steps:

• Document everything (photos, written communication, notice dates)
• Politely ask your landlord for written justification and remind them of their legal obligations
• Contact your local law enforcement (call the non-emergency number) if you're locked out or your utilities are shut off
• File a complaint with your county court or seek legal help

Important Official Forms to Know

• JDF 99: Demand for Compliance or Possession
  When to Use: Landlords serve this form to give notice before filing for eviction. If you receive it, act quickly within the notice period.
  Demand for Compliance or Right to Possession (JDF 99)
• JDF 101: Answer Under Simplified Civil Procedure
  When to Use: If you receive a court summons for eviction, use this form to respond in court and raise defenses (such as illegal eviction practices).
  Answer Under Simplified Civil Procedure (JDF 101)
• JDF 98: Complaint in Forcible Entry & Detainer
  When to Use: If you must defend yourself in an eviction case, this is the form the landlord uses to file. Review this to understand claims against you.
  Complaint in Forcible Entry and Detainer (JDF 98)
• Request for Emergency Relief (Injunction)
  When to Use: If you have been locked out, you may ask the court for an "injunction" to regain access. Contact your local district court clerk for the process, as forms may vary.
  Colorado Courts Housing Forms

Always keep copies of completed forms and any correspondence.

Which Tribunal Handles Tenancy Issues in Colorado?

Eviction and tenancy hearings are handled by County Courts in Colorado.
Visit your local courthouse or the Colorado Judicial Branch Self-Help Housing Center for details on procedures and forms.

Filing a Complaint or Defending Yourself In Court: Step-by-Step

If your landlord has skipped legal steps or you’ve already received a summons for eviction, you can take action to defend your rights.

Key Steps for Renters

• Gather all evidence (documents, texts, photos of the property or notices)
• Complete JDF 101 to present your side in court
• File your answer in person at the relevant county court (where the property is located)
• Attend the court hearing and calmly state your case, bringing witnesses or more evidence if possible
• If locked out, consider an emergency injunction through district court to regain entry

Your Rights Under Colorado Law

The Colorado Revised Statutes Title 38 protect renters from self-help or retaliatory eviction. Unless a judge signs an order, you cannot be forcibly removed or denied property access.^[2]

FAQ: Colorado Renters and Illegal Evictions

1. What is the first thing I should do if I’m locked out by my landlord in Colorado?
   Contact local law enforcement (non-emergency line), document what happened, and seek emergency court relief if necessary.
2. Can my landlord cut off my utilities to force me out?
   No, shutting off water, heat, or power to make you leave is illegal. You may report this to authorities and the court.
3. If I get an eviction notice, do I have to move out immediately?
   No, you typically have a chance to correct the situation or present your case in court before a judge orders removal.
4. How do I file a defense if I receive a summons?
   Fill out the Answer (JDF 101) and file it at your county court before your hearing date.
5. Where can I find more information about tenant rights?
   Visit the Colorado Department of Local Affairs – Division of Housing for updated guides and contacts.

Key Takeaways for Colorado Renters

• Landlords cannot evict you without following proper legal procedure.
• You have the right to a court hearing and to present defenses against illegal eviction.
• Help is available—don’t hesitate to contact official resources or legal aid.

Need Help? Resources for Renters

• Colorado Department of Local Affairs – Division of Housing: State information on tenant rights and housing issues
• Colorado Judicial Branch: Self-Help Housing Center: Guides and forms for evictions and tenant defense
• Find Your County Court: Contact your local court for filing forms or attending hearings
• Colorado Legal Services: Free or low-cost legal advice for renters
• Housing Rights Council of Colorado: Advocacy, education, and direct support

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1. See the Colorado Revised Statutes §38-12-510 to §38-12-510.5 for detailed protections and processes for residential evictions.
2. The Colorado Revised Statutes Title 38 – Property governs residential tenancies and eviction procedures in the state.

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