How to Delay a Sheriff Lockout During Eviction Appeal in Colorado

If you're a renter facing eviction in Colorado, you may wonder if there's a way to delay the sheriff lockout after losing an eviction case in court. Understanding your rights around appeals—and the process of requesting a stay—can help protect your housing while your case continues. This guide explains how to stay a sheriff lockout through an appeal in Colorado, including step-by-step instructions, relevant forms, and official resources.

What Is a Sheriff Lockout in Colorado?

After a court issues a judgment for possession in an eviction case, your landlord can request a Writ of Restitution. This writ allows the sheriff to physically remove you from your rental unit if you do not leave voluntarily. The lockout usually happens within 49 days of judgment, but it could occur sooner.^[1]

Can You Delay the Sheriff Lockout by Filing an Appeal?

Under Colorado law, you have the right to appeal an eviction judgment. However, filing an appeal alone does not automatically stop the sheriff lockout. To delay (or "stay") the lockout while your appeal is considered, you must take additional legal steps.

The Role of the County or District Court

In Colorado, eviction appeals are handled by the county or district court where your original case was heard. Find your court information through the Colorado Judicial Branch Court Locator.

Steps to Stay a Sheriff Lockout During an Appeal

Here’s a summary of how a renter can legally delay the lockout process while appealing an eviction judgment in Colorado.

• File a Notice of Appeal using the correct form and within the strict deadline.
• Request a Stay of Execution (also called a "stay of writ") from the court.
• Post a Supersedeas Bond if required, to cover ongoing rent and possible damages.

Let’s look at each step in detail so you know what to expect and how to protect your housing rights during this difficult time.

1. Filing the Notice of Appeal (JDF 1866)

To start the appeal process, file the Notice of Appeal (Form JDF 1866) within 14 days of the judgment. You must file it with both the trial court and pay the required filing fee.
Example: If you lost an eviction case on June 1, you have until June 15 to submit your Notice of Appeal. Download the form and instructions from the Colorado Judicial Branch: JDF 1866 Notice of Appeal.

2. Requesting a Stay of Execution (JDF 77)

After filing your appeal, a sheriff lockout can still proceed unless you ask the court to delay it. Use Motion/Stipulation to Stay Execution of Writ of Restitution (Form JDF 77) to make this request.
Example: If you've appealed but want to remain in your home while the appeal is heard, file JDF 77 with the trial court and provide a copy to your landlord. The court will schedule a hearing or make a ruling. Get the form from the Colorado Judicial Branch: JDF 77 Motion/Stipulation to Stay.

3. Posting a Supersedeas Bond

The judge may require you to pay a supersedeas bond, which is usually the equivalent of monthly rent, to show that you can cover ongoing housing costs during the appeal. If this bond is required, instructions will be provided by the court.
You must also continue to pay future rent on time while your appeal is pending to avoid further legal actions.

Relevant Housing Laws and Legislation

Eviction processes and tenant rights related to appeals are governed by the Colorado Revised Statutes, Title 13: Courts and Court Procedure, in particular C.R.S. § 13-40-122 and related sections.^[2]

Official Forms and Sample Usage

• Notice of Appeal (Form JDF 1866): Used to start an appeal of the eviction judgment. File within 14 days. Download from Colorado Judicial Branch.
• Motion/Stipulation to Stay Execution of Writ of Restitution (Form JDF 77): Used to ask the court to delay a sheriff lockout during an appeal. Download from Colorado Judicial Branch.
• Supersedeas Bond: (No standard form; instructions are provided by your court if required.)

Action Steps: How to Stay a Sheriff Lockout on Appeal

• File your Notice of Appeal (Form JDF 1866) within 14 days of the judgment.
• Submit a Motion to Stay Execution (Form JDF 77) as soon as possible after you appeal.
• Attend any court hearings set to review your motion.
• Be prepared to post a supersedeas bond if ordered by the judge.
• Continue to pay rent as required while your appeal is active.

Frequently Asked Questions (Colorado Eviction Appeals & Sheriff Lockouts)

1. Does appealing an eviction judgment stop a sheriff lockout in Colorado?
   No. You must file a separate motion (JDF 77) to request a stay of the lockout, and the court must grant it.
2. How much does a supersedeas bond cost?
   The amount is usually equal to the amount of rent due during the appeal, but can vary based on the court’s order.
3. Can I get help completing these forms?
   Yes, court clerks and some renter advocacy services can provide procedural assistance, or see the detailed instructions from the Colorado Judicial Branch Forms Center.
4. Where do I file my appeal in Colorado?
   You file the Notice of Appeal with the same trial court where your eviction was decided.
5. Will I owe rent while the appeal is pending?
   Yes, you must continue paying current rent and may also have to pay a bond during the appeal.

Key Takeaways for Colorado Renters

• Appealing an eviction judgment does not automatically stop a sheriff lockout in Colorado.
• To delay the lockout, you must file both a Notice of Appeal (JDF 1866) and a Motion to Stay Execution (JDF 77).
• Check official court forms carefully and contact your court if you have questions about deadlines or requirements.

Understanding your rights and steps can make a real difference if you are in danger of losing your Colorado rental home due to eviction. Acting quickly is essential.

Need Help? Resources for Renters

• Colorado Judicial Branch Self-Help Center: Guides, forms, and assistance for self-represented tenants.
• Colorado Department of Local Affairs (DOLA) Rental Assistance: Resources for renters needing emergency help.
• Find Your Local County or District Court: Where you must file appeals and motions.
• Colorado Housing Search: Alternative housing and tenant support.

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1. See: Colorado Judicial Branch Forms and Instructions for Evictions.
2. Read: Colorado Revised Statutes, Title 13: Courts and Court Procedure (PDF), particularly § 13-40-122 regarding appeals and stays.

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