The Denver eviction process runs through Denver County Court, and since April 2024 a landlord must have a specific legal reason — called “cause” — before starting it. The sequence is fixed: written notice to the tenant, a complaint filed in county court, a hearing, and, if the judge rules for the landlord, a removal carried out by the Denver Sheriff’s Office. Each step has its own deadline, and skipping one is usually enough to sink the case or expose the landlord to damages.
A Legal Reason Is Required First
Colorado no longer allows residential evictions without cause. House Bill 24-1098 limits landlords to specific statutory grounds, which fall into two groups.1Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant
Fault-based grounds are the familiar ones: unpaid rent, violation of a material lease term, conduct that creates a nuisance or disturbs other tenants, and negligent damage to the property. No-fault grounds cover situations where the tenant has done nothing wrong but the landlord has a defined reason to end the tenancy — demolishing or substantially renovating the unit, the landlord or a family member moving in, withdrawing the unit from the market for sale, or the tenant refusing to sign a new lease on reasonable terms.1Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant
No-fault evictions carry a cost the landlord pays directly. Relocation assistance equal to two months’ rent is owed to the tenant, and an additional month is owed if anyone in the household is under 18, at least 60, low-income, or has a disability.2Colorado General Assembly. Just Cause Requirement Eviction of Residential Tenant This is out-of-pocket money, separate from any security deposit refund.
The Written Notice That Starts the Clock
Nothing can be filed in court until the tenant has been served with the correct written notice. Colorado uses three different forms, and the right one depends on why the landlord wants the tenant out.
Demand for Compliance (JDF 99 A)
For unpaid rent or a lease violation the tenant can still fix, the landlord serves a Demand for Compliance on form JDF 99 A.3Colorado Judicial Branch. Residential Evictions The tenant has 10 days on a standard residential lease to pay or cure. Exempt residential agreements get five days, employer-provided housing gets three days, and properties covered by the CARES Act require 30 days.4Colorado Judicial Branch. JDF 99 A – Demand for Compliance If the tenant pays or fixes the problem in time, the eviction stops there.
Notice to Terminate Tenancy (JDF 99 B)
Form JDF 99 B is used for substantial violations that cannot be cured, repeated violations, and lease non-renewals.3Colorado Judicial Branch. Residential Evictions A substantial violation such as criminal activity requires only three days’ notice.5Justia. Colorado Code 13-40-107.5 Non-renewals scale with the length of the tenancy:
- One year or longer: 91 days
- Six months to less than one year: 28 days
- Month-to-month: 21 days
- Week-to-week or at-will: 3 days
- Less than one week: 1 day
Ending a year-long lease therefore takes roughly three months of advance notice, which catches many landlords off guard.6Colorado Judicial Branch. JDF 99 B – Notice to Terminate Tenancy
No-Fault Eviction Notice (JDF 99 C)
Form JDF 99 C applies to the no-fault grounds — demolition, renovation, landlord move-in, or sale.7Colorado Judicial Branch. JDF 101 – Eviction Complaint It is separate from JDF 99 B and triggers the relocation assistance owed to the tenant.
Proving the Notice Was Served
Any of the three notices must list every adult occupant, name the property, and state the reason. If the tenant is not home, the notice is typically posted on the front door. An Affidavit of Service recording the date, time, and method of delivery is what the court will look for later.
Filing in Denver County Court
Once the notice period expires without a cure or move-out, the landlord files an Eviction Complaint (JDF 101) and Summons (JDF 102) in Denver County Court.3Colorado Judicial Branch. Residential Evictions Filing can be done in person at the City and County Building or through Colorado’s electronic filing system.
There is no filing fee. Colorado charges $0 for both the landlord’s complaint and the tenant’s answer, regardless of the amount of back rent claimed.8Colorado Judicial Branch. List of Fees
After filing, the Summons and Complaint must be personally delivered to each named tenant by someone over 18 who is not a party to the case, at least seven days before the first court date.9Judicial Legal Help Center. Landlord’s Options for Serving an Eviction A private process server or a deputy from the Denver Sheriff’s Office can do this. If personal service fails after multiple attempts, the court may authorize alternative service by posting and mailing.
The First Court Date
The date listed on the summons is called the return date. A tenant who does not appear can have a default judgment for possession entered against them that day.
A tenant who wants to contest the case files an Eviction Answer (JDF 103) on or before the court date.3Colorado Judicial Branch. Residential Evictions There is no fee to file the answer, and the Colorado Judicial Branch offers a free guided online tool to complete it.
The answer is where defenses go. One of the strongest is breach of the warranty of habitability: the tenant shows that a condition on the property threatened life, health, or safety, that the landlord was given written notice and failed to act, and that the tenant did not cause or block repair of the problem.10Colorado Judicial Branch. Understanding the Warranty of Habitability A separate Unlivable Conditions Affidavit (JDF 104) can be filed with the answer.3Colorado Judicial Branch. Residential Evictions
Mandatory pre-eviction mediation applies to a narrow slice of cases: tenants who receive Supplemental Security Income, Social Security Disability Insurance, or cash assistance through Colorado Works. When required, the landlord has 14 days from the request to schedule it through the Office of Dispute Resolution.11Colorado Judicial Branch. Mandatory Pre-Eviction Mediation Landlords with five or fewer single-family rentals and no more than five total units are exempt, as are 501(c)(3) nonprofits that already offer tenant mediation. Denver County Court also offers voluntary mediation for other eviction cases.
Contested cases that do not settle typically go to trial within 7 to 10 days after the first appearance. Either side can request a jury trial by filing a jury demand and paying $98, and tenants can seek a waiver of that cost.8Colorado Judicial Branch. List of Fees
Writ of Restitution and the Sheriff’s Role
If the judge enters a judgment for possession, the court still cannot issue a Writ of Restitution for at least 48 hours.12Justia. Colorado Code 13-40-122 – Writ of Restitution After Judgment – Definitions That window is the tenant’s last chance to move out voluntarily.
Once the writ issues, the landlord pays the Denver Sheriff’s Office $100 to execute it, by certified check, cashier’s check, or money order.13City and County of Denver. Sheriff Department – Civil Processes – Eviction Information Sheet The sheriff schedules and oversees the removal. The landlord cannot change locks, remove belongings, or take any other action before the sheriff arrives. After the removal, the landlord can change the locks and take possession, and belongings left behind are typically moved to the property line or a designated area.
Deadline to Appeal
A tenant who loses has 14 days from the entry of judgment to file a Notice of Appeal in Denver County Court.14Colorado Judicial Branch. Instructions for Filing a County Court Civil or Small Claims Appeal Within that same 14-day window, the tenant must post an appeal bond, usually equal to one month’s rent or an amount set by the judge, in cash, certified funds, or through a licensed surety. The case then moves to Denver District Court, where the tenant has 35 days after the county court filing to complete the district court filing. Missing the 14-day deadline ends the right to appeal. If the tenant wins, the bond is returned.
What Landlords Cannot Do
Under Colorado Revised Statutes § 38-12-510, a landlord cannot remove a tenant without a court order. Changing the locks, shutting off utilities, removing doors or windows, or physically forcing the tenant out are all prohibited. The only exceptions are mutual consent, an abandoned unit, or a court-ordered cleanup of an illegal drug lab.15Justia. Colorado Code 38-12-510 – Unlawful Removal or Exclusion
The penalties are severe. A tenant can recover actual damages plus a statutory penalty of three times the monthly rent or $5,000, whichever is greater. The landlord also pays the tenant’s attorney fees and court costs, and a judge can order the tenant restored to possession.15Justia. Colorado Code 38-12-510 – Unlawful Removal or Exclusion A self-help eviction almost always costs more than the court process would have.
Federally Subsidized Housing Has Longer Notice Periods
Tenants in public housing or project-based rental assistance programs are covered by federal rules that override shorter state timelines. A public housing authority must provide at least 30 days’ written notice before filing an eviction for nonpayment of rent, and cannot serve that notice until the day after rent is due.16eCFR. 24 CFR 966.4 – Lease Requirements If the tenant pays within that 30 days, the eviction cannot go forward. The federal rule stacks with Colorado’s notice periods, so the landlord has to meet whichever one is longer. A subsidized tenant who receives a shorter notice than federal rules allow should raise that in the answer.