Eviction Process in Colorado Springs: Notice, FED Filing, Writ

The eviction process in Colorado Springs runs through the El Paso County Court and cannot be shortened by changing locks or shutting off utilities. A landlord starts with a written notice, files a Forcible Entry and Detainer (FED) lawsuit if the tenant doesn’t comply, attends a hearing within one to two weeks, and — if the court rules in the landlord’s favor — waits out a mandatory period before the sheriff physically removes the tenant. Start to finish, the process typically takes several weeks. Skipping it is expensive: a landlord who locks a tenant out or cuts off services owes statutory damages of at least $5,000 or three times the monthly rent, whichever is higher, plus attorney fees.

Step 1: Serve the Right Written Notice

Every eviction begins with a written notice, and the type depends on what the tenant did.

Nonpayment of rent: a ten-day Demand for Compliance or Right to Possession. If the tenant pays the full amount within the ten days, the eviction stops.¹
Material lease violation: a ten-day notice identifying the specific lease term the tenant broke, giving them ten days to fix it or move out.¹
Substantial violation: a three-day notice with no right to cure. This covers serious conduct like criminal activity or behavior that endangers health and safety.²
Repeat violation: a ten-day notice to terminate outright when a tenant commits the same lease violation they previously cured. No second chance to fix it.¹

For nonpayment, the notice must state the exact amount owed. For a lease violation, it must describe the specific conduct or condition that needs correcting. Vague notices get thrown out.

Step 2: Deliver the Notice Properly and Count the Days

Colorado law allows three methods of service:³

Handing the notice directly to the tenant at the property.
Leaving it with a household member who is at least fifteen years old and lives there.
Posting it in a conspicuous place like the front door — but only after attempting personal service on two separate days.

Keep a written record of how and when the notice went out. If the case reaches court and the landlord can’t prove proper service, the judge will dismiss it.

The clock starts the day after the notice is served. If the final day lands on a Saturday, Sunday, or legal holiday, the deadline rolls to the next business day.⁴ A ten-day notice posted Monday runs through the following Thursday, counting Tuesday as day one.

Step 3: File the FED Lawsuit in El Paso County Court

If the tenant doesn’t pay, cure, or leave by the deadline, the landlord files a Forcible Entry and Detainer lawsuit at the El Paso County Court. Three documents go in:⁵

Complaint in Forcible Entry and Detainer (JDF 99), listing the parties, the property address, the grounds for eviction, and any rent or damages claimed.
Summons (CRCCP Form 1A), setting the hearing date, time, and location.
A blank Answer form for the tenant to respond.

Attach the original Demand for Compliance notice to the Complaint. Forms are available through the Colorado Judicial Branch or the court clerk’s office. There is no filing fee for eviction cases under the current Colorado court fee schedule.⁶

Step 4: Serve the Summons and Attend the Hearing

The Summons and Complaint have to be served by someone qualified under the Colorado Rules of Civil Procedure — a process server or sheriff’s deputy. The landlord cannot serve the court papers personally.⁷

Service must be completed at least seven days before the hearing. If the server can’t reach the tenant in person after a diligent effort, they can post the documents in a visible spot on the property, and the landlord must then mail copies by first-class mail no later than the next business day after filing.⁷

The hearing itself is set between seven and fourteen days after the summons is issued.⁸ Bring the lease, proof of how and when the notice was served, records of unpaid rent or the lease violation, and any photos or documentation that back up the claim. The tenant can file an Answer and raise defenses, and the judge decides who gets possession based on what both sides present.

Step 5: Judgment, Writ of Restitution, and the Sheriff

Winning the hearing doesn’t mean the tenant leaves that day. The court cannot issue the Writ of Restitution (JDF 103) until at least 48 hours after judgment is entered.⁹

And the sheriff can’t execute the writ right away either. State law requires a minimum ten-day waiting period after the judgment before the tenant can be physically removed. That stretches to thirty days for tenants receiving Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or Colorado Works cash assistance.⁹ The thirty-day protection doesn’t apply to substantial-violation cases, or when the landlord owns five or fewer single-family rental homes with no more than five total rental units.

Once the waiting period ends, the writ goes to the El Paso County Sheriff’s Office, which schedules the removal. The sheriff charges a fee, can only act between sunrise and sunset, and has authority to forcibly remove the tenant and their belongings if they haven’t left on their own.⁹ At that point the landlord has legal possession again.

Defenses That Can Stop the Eviction

Tenants have real defenses, and judges take them seriously. The ones that come up most often:

Improper notice. Wrong notice period, missing information, or bad service all lead to dismissal. This is the most common procedural defense and it succeeds more often than landlords expect.
Breach of the warranty of habitability. If conditions materially interfere with the tenant’s life, health, or safety and the landlord didn’t act after being notified, the court must dismiss the eviction.¹⁰
Retaliation. Colorado prohibits evicting a tenant in response to protected activity like complaining about repairs, joining a tenant association, or suing the landlord over maintenance.¹⁰
Domestic violence. In substantial-violation cases, a tenant whose documented status as a victim of domestic violence or abuse caused the alleged violation has a defense.²

A procedural defense usually means the landlord can refile after fixing the problem. A substantive defense like retaliation or habitability can block the eviction entirely.

Why Shortcuts Backfire

Changing locks, removing doors or windows, hauling out a tenant’s belongings, or cutting off heat, water, or electricity — Colorado law treats every one of these as unlawful removal.¹¹

A tenant who is illegally locked out or loses essential services can sue and recover actual damages plus a statutory penalty equal to the higher of three times the monthly rent or $5,000, on top of attorney fees and court costs. A judge can also order the landlord to let the tenant back in.¹¹ A landlord trying to save a few weeks and a court fee can end up owing more than a year of rent.

1
Justia Law. Colorado Code 13-40-104 – Causes of Action for Forcible Entry and Detainer – Notice to Quit
2
Justia Law. Colorado Code 13-40-107.5 – Definition of Substantial Violation
3
Justia Law. Colorado Code 13-40-108 – Service of Notice or Demand
4
Colorado Judicial Branch. Understanding the Eviction Process
5
Judicial Legal Help Center. Summons and Complaint
6
Colorado Judicial Branch. List of Fees
7
Colorado Code. Colorado Revised Statutes 13-40-112 – Service of Summons
8
Justia Law. Colorado Code 13-40-111 – Summons
9
Justia Law. Colorado Code 13-40-122 – Writ of Restitution After Judgment
10
Colorado Judicial Branch. Understanding the Warranty of Habitability
11
Justia Law. Colorado Code 38-12-510 – Removal of Tenant Prohibited