Colorado Small Claims Court Guide for Renters

If you’re renting in Colorado and facing unresolved issues with your landlord – such as unreturned security deposits, property damage disputes, or minor rent disagreements – small claims court offers a practical path to resolve matters without a lawyer. This guide explains how Colorado renters can use the state’s small claims court to seek justice, including what to expect, which forms you’ll need, and what legal protections apply.

What Is Small Claims Court in Colorado?

Small claims court is a division of the Colorado County Court system that handles disputes involving smaller amounts of money, usually less than $7,500. It is designed to be accessible, informal, and fast, so renters and landlords can resolve disputes without legal representation. Common renter cases include:

• Unreturned security deposits
• Repairs or maintenance costs
• Disputed rent overpayments or fees
• Property damage claims

Claims above $7,500 or involving eviction (possession of the property) must follow different legal procedures.

Which Tribunal Handles Rental Disputes?

In Colorado, the County Court Small Claims Division is responsible for hearing most rental-related monetary disputes. For eviction or habitability issues, check with the county court or the Colorado Department of Local Affairs: Renter Rights.

Your Rights and Applicable Law

Colorado renters are protected by the Colorado Revised Statutes Title 38, Article 12 – Landlord and Tenant, which covers security deposits, habitability, and the dispute resolution process. Knowing your rights helps you prepare a better case in small claims.

Filing a Small Claims Case: Step-by-Step for Renters

Before filing, gather documentation (leases, receipts, pictures, communication logs) and try resolving the issue directly. If that fails, follow these steps via your local County Court:

• Check your eligibility (claims up to $7,500, not involving evictions or complex legal questions).
• Prepare your claim and required forms.
• File your paperwork and pay a filing fee (typically $31–$55; waivers may be available).
• Serve court papers to your landlord.
• Attend your court hearing and present your evidence.

Below, you’ll find the key official forms Colorado renters need, with examples and links.

Key Colorado Small Claims Forms for Renters

• Notice, Claim and Summons to Appear for Trial (JDF 250)
  Download from Colorado Judicial Branch
  When to use: This is the main form to officially start your small claims case. For example, if your landlord won’t return a $1,500 security deposit, you fill out this form and submit it to the court.
• Motion to Waive Fees (JDF 205)
  Download from Colorado Judicial Branch
  When to use: If you cannot afford the court’s filing fee, use this form to request a fee waiver with proof of income.
• Instructions for Completing Small Claims Forms
  View Instructions (JDF 248)
  When to use: Reference guide for filling out required small claims forms as a renter.

Find all current official forms at the Colorado State Judicial Branch Forms page.

What to Expect at Your Hearing

Small claims hearings are less formal than typical court proceedings. Both you and your landlord can present your side, share documents, and answer questions from the judge or magistrate. The judge will make a decision based on the provided evidence and the law. Most cases are resolved immediately, and if you win, the judge will order the landlord to pay you the awarded amount or take other appropriate action.

After the Hearing: What Happens Next?

If the court rules in your favor and you are awarded money, your landlord must pay you within the timeframe ordered by the court. If they do not, you may need to return to court to enforce the judgment, such as using a garnishment form.

For more on post-judgment actions, visit the Colorado Judicial Branch Collections page.

FAQ: Small Claims for Renters in Colorado

1. What is the maximum amount I can claim in Colorado small claims court?
   In Colorado, you can claim up to $7,500 in small claims court for money disputes.
2. Can I use small claims court to stop an eviction?
   No. Eviction actions require different legal procedures. Small claims court is for monetary disputes, not for regaining possession of a rental property.
3. Do I need a lawyer to file in small claims court?
   No, small claims court is designed so most people can represent themselves. However, legal advice can help if your case is complex.
4. What happens if my landlord doesn’t pay after I win?
   You may pursue judgment enforcement through methods like wage garnishment. The Colorado courts provide information and forms for this process.
5. Where do I file my small claims case?
   You usually file in the county court where the rental property is located. Find your local court on the Colorado Judicial Branch County Courts page.

Key Takeaways for Renters Using Small Claims Court

• Colorado small claims court provides a simple way for renters to resolve disputes up to $7,500.
• Be sure to collect evidence and use official forms such as JDF 250.
• Know your rights under the Colorado Landlord-Tenant Act.

With preparation and knowledge, renters in Colorado can confidently use the small claims process to settle fair housing disputes.

Need Help? Resources for Renters

• Colorado Judicial Branch Official Forms
• Colorado Department of Local Affairs: Renter Rights
• Colorado Housing Connects – Free tenant helpline
• Colorado Legal Services – Low-income legal support

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1. Colorado Revised Statutes Title 38, Article 12 – Landlord and Tenant
2. Colorado Judicial Branch Small Claims Self-Help
3. Colorado Judicial Branch Forms List

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