What Colorado Renters Can Expect at Eviction Court

If you’re a renter facing eviction in Colorado, it’s important to understand your rights and how the eviction court process works. Going to court can be stressful, but knowing what to expect can help you prepare, protect yourself, and explore your legal options. This guide explains the eviction court process, key steps, and official forms that Colorado tenants need to know.

What Is an Eviction and Who Handles These Cases in Colorado?

In Colorado, most eviction cases are heard in county courts. The Colorado County Courts are responsible for resolving eviction cases (also known as "forcible entry and detainer" suits). Evictions are governed by the Colorado Revised Statutes, Title 13, Article 40 - Forcible Entry and Detainer.^[1]

Before landlords can evict a tenant, there are specific legal steps and timelines they must follow.

The Eviction Process: Step-by-Step

The Colorado eviction process (also called an "unlawful detainer") typically follows these steps:

• Notice to Quit or Demand for Compliance: The landlord must provide a written notice, such as a 10-Day Demand for Compliance or a Notice to Quit. This states why eviction is sought and gives you a deadline to fix the issue (like paying rent or stopping a lease violation).
• Filing an Eviction Lawsuit (Complaint): If the problem isn’t resolved, the landlord can file a complaint in county court using the official form.
• Court Summons: You’ll be served with a court Summons and Complaint. The Summons will state your court date and how to respond.
• Eviction Hearing: You’ll have a chance to appear, present your side, and respond to the claim at court. If you don’t attend, you risk a default judgment.
• Judgment and Removal: If the court rules in the landlord’s favor, a Writ of Restitution may be issued. This allows the sheriff to remove you after a post-judgment waiting period (typically 10 days).

At each step, tenants have rights and opportunities to respond.

Key Colorado Eviction Court Forms (With Practical Examples)

• Summons in Forcible Entry and Unlawful Detainer (JDF 99):
  • When/How Used: This form is served on the renter after the landlord files an eviction case. It notifies you of your court date and response deadline. For example, if you receive this form, review the date and plan to attend court. View Form JDF 99.
• Answer Under Simplified Civil Procedure (JDF 100):
  • When/How Used: As a tenant, you can use this form to respond to a Summons. For example, if you want to contest the eviction or raise defenses, file JDF 100 before or at your court hearing. View Form JDF 100.
• Motion to Set Aside Default Judgment (JDF 78):
  • When/How Used: If you miss your hearing and receive a default judgment, you can ask the court to reconsider by filing this form. For example, if you had a medical emergency and couldn’t attend, promptly submit JDF 78 to explain why. View Form JDF 78.

What Happens at the Colorado Eviction Hearing?

On your scheduled hearing date, you’ll have the opportunity to present your case, share relevant documents (such as rent receipts or repair requests), and explain your situation to the judge.

• You can bring witnesses or evidence in your defense.
• Landlords must present proof supporting their claim for eviction.
• If you have filed an Answer (JDF 100), the court will consider your written defenses.
• After hearing both sides, the judge will make a decision. If the ruling goes against you, you usually have 48 hours to 10 days before the sheriff can enforce an eviction.

Remember, attending your hearing gives you the best chance to protect your rights.

What If You Lose Your Case?

If the judge rules in favor of the landlord, a Writ of Restitution may be issued. This gives the sheriff authority to remove you after the waiting period. If you believe the ruling was unfair or you were unable to attend through no fault of your own, you can ask the court to reconsider using the Motion to Set Aside Default Judgment.

How to Respond to an Eviction Court Summons in Colorado

If you are served with a Summons for eviction, here are the action steps you should take:

• Read all documents carefully, noting your court date and deadlines.
• Complete the Answer Under Simplified Civil Procedure (JDF 100) form if you wish to contest the eviction.
• File your Answer in person at the court listed on your summons or follow local e-filing procedures. Check details on the Colorado Judicial Branch Self-Help Center.
• Gather and organize relevant evidence (payment receipts, emails, photos).
• Attend your court hearing on time. Bring your Answer and all supporting documents.

Taking these steps can help ensure that your side is heard in eviction court.

FAQ: Colorado Renters' Rights at Eviction Court

1. Do I have to move out as soon as I lose my eviction case?
   Not immediately. The judge will typically give you a short waiting period (usually 10 days) before the sheriff can enforce removal. You may use this time to appeal or seek help.
2. What if I can’t go to my court date?
   If you miss your court date, the court may enter a default judgment against you. If you had a good reason for missing it, file Form JDF 78 (Motion to Set Aside Default Judgment) as soon as possible.
3. Can I get more time to move out after the hearing?
   You can ask the judge during the hearing, but it is at the judge’s discretion. Sometimes, judges grant a brief extension for good cause.
4. Do I need a lawyer for eviction court?
   Legal help is always helpful, but you can represent yourself. Many counties have self-help centers, and free legal aid is available.
5. Where can I find the eviction forms and more information?
   Official forms are on the Colorado Judicial Branch Housing Forms page. More guidance is at the Colorado eviction self-help guide.

Summary: Key Takeaways for Colorado Tenants

• Read and respond to all eviction court documents and notices right away.
• Use official Colorado court forms like the Summons and Answer to protect yourself.
• Prepare, attend your court hearing, and seek legal help or support if needed.

Knowing the eviction court process and your rights gives you the best chance at a fair outcome.

Need Help? Resources for Renters Facing Eviction in Colorado

• Colorado State Judicial Branch: Eviction (FED) Help – Forms, self-help, procedures
• Denver Tenant Resources – Local programs, rent assistance, and guidance
• Colorado Legal Services – Statewide free legal assistance for low-income renters
• Colorado Revised Statutes: Forcible Entry and Detainer
• Colorado County Courts Directory

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1. Colorado Revised Statutes, Title 13, Article 40 – Forcible Entry and Detainer Laws
2. Colorado Judicial Branch – Eviction (FED) Self-Help
3. Colorado Judicial Branch – Housing Forms
4. Colorado Legal Services – Free Legal Aid for Tenants

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