How to Evict a Tenant in Colorado With No Lease

To evict a tenant in Colorado with no lease, you generally need a legal cause, a written termination notice matched to how long the tenant has lived there, and, if the tenant stays past the notice date, a court eviction case that ends with a sheriff carrying out a writ of restitution. A verbal or handshake arrangement is still a tenancy under Colorado law, and skipping steps or trying to force the tenant out yourself will cost you far more than doing it correctly.

You Need a Legal Cause to Evict

Since 2023, Colorado law bars landlords from terminating a residential tenancy or filing an eviction without a recognized cause.¹ Wanting the tenant gone is not, by itself, a reason. The statute recognizes two categories.

Fault-based causes:

Nonpayment of rent after proper written notice.
A substantial violation of the tenancy that the tenant did not cure within the required period.
Nuisance behavior that interferes with neighbors or the landlord, or negligent damage to the property.
A repeat of the same violation after a prior proper notice.

No-fault causes, which require a legitimate reason tied to the property:

Demolition, or conversion to non-residential or short-term rental use.
Substantial renovation that cannot be done with the tenant in place.
The landlord or an immediate family member moving in as a primary residence.
Withdrawing the unit from the rental market to sell.

Some properties are exempt from the cause requirement, with the categories described in C.R.S. 38-12-1302 (owner-occupied buildings and certain other arrangements). If your property falls under an exemption, you can terminate a no-lease tenancy simply by giving the required notice period without stating a reason. When in doubt, check C.R.S. 38-12-1302 or ask a Colorado landlord-tenant attorney before serving anything.

How Much Notice You Have to Give

Without a written lease, the tenancy is usually either a tenancy at will or a periodic tenancy such as month-to-month, depending on how rent is paid. Either way, written notice comes before any court filing. The length of notice depends on how long the tenancy has already lasted:²

One year or longer: 91 days.
Six months to less than one year: 28 days.
One month to less than six months: 21 days.
One week to less than one month, or a tenancy at will: 3 days.
Less than one week: 1 day.

A true tenancy at will, with no set term and no regular rent arrangement, gets 3 days. But if the tenant has been paying you monthly, that’s a month-to-month tenancy, and the notice period runs off the total months the tenant has lived there, not the length of a single rental period. The notice itself must describe the property, state the exact date the tenancy ends, and be signed by you or your agent.²

Serving the Notice to Terminate

Colorado’s standard form is the Notice to Terminate Tenancy, Form JDF 99 B, available from the Colorado Judicial Branch.³ Fill in the tenant’s full name, the property address, the reason for termination if it’s a cause-based eviction, and the date by which the tenant must vacate. That date must give the tenant at least the minimum notice their tenancy length requires.

Three service methods are allowed:⁴

Hand the notice directly to the tenant.
Leave it with a household member at least 16 years old who lives at or is in charge of the property.
Post it in a clearly visible spot, such as the front door, if no one is there.

Keep proof. Note the date, time, and method, and get a signed declaration from whoever delivered or posted the notice. If the case reaches court, you’ll have to show the tenant received proper notice.

Mandatory Mediation for Some Landlords

Before filing the lawsuit, some landlords must go through mediation. The requirement applies when the tenant receives Supplemental Security Income, federal Social Security disability insurance, or cash assistance through the Colorado Works program.⁵ The landlord contacts the Colorado Office of Dispute Resolution to schedule a session, which must be set within 14 days of the request.

You’re exempt if the tenant never disclosed in writing that they receive qualifying benefits, if you’re a 501(c)(3) nonprofit already offering tenants mediation, or if you own five or fewer single-family rental homes with no more than five total rental units.⁵ Skip required mediation and the court can dismiss the case.

Filing the Eviction Case

If the tenant stays past the date on the notice, file a Forcible Entry and Detainer (FED) action in the county court where the property sits. Two documents are needed: the Complaint in Forcible Entry and Detainer (Form JDF 99) and the Summons in Forcible Entry and Unlawful Detainer (Form CRCCP 1A), both on the Colorado Judicial Branch site.⁶ The complaint needs the full legal names of everyone involved, the property address, a description of the tenancy, the date the notice was served, and the date the tenant was told to vacate. Attach a copy of the notice as an exhibit.

The eviction filing fee itself is $0. You’ll still pay for service on the tenant, which through a sheriff or private process server generally runs $30 to $200 depending on the county. If you’re also asking for money damages such as unpaid rent, standard civil filing fees apply to that portion of the claim.⁷

Service, Hearing, and the Writ

You cannot serve the lawsuit yourself. Any adult over 18 who is not a party to the case can do it, whether that’s a professional process server, a sheriff’s deputy, or a willing adult.⁸ The clerk sets a return date between 7 and 14 days from filing, and the tenant must be served at least 7 days before that date.⁹

The return date is the tenant’s deadline to file a written answer. No answer and no appearance means the court can enter a default judgment for possession. If the tenant does answer, the court schedules trial within 7 to 10 days. At trial you must prove the tenancy existed, that proper notice was served, that the notice period expired, and that the tenant still occupies the property. Cause-based evictions also require proving the specific grounds.

Win, and the court issues a Writ of Restitution authorizing law enforcement to remove the tenant. The writ cannot issue until at least 48 hours after judgment, and for residential tenancies it cannot be executed until at least 10 days after judgment.¹⁰ Tenants receiving SSI, Social Security disability, or Colorado Works cash assistance get 30 days before execution, unless you own five or fewer single-family homes with no more than five total units. The sheriff removes the tenant and their belongings only during daylight hours, between sunrise and sunset.

What You Cannot Do Yourself

At no point in this process can you take matters into your own hands. Colorado law prohibits removing a tenant without a court order. Changing locks, shutting off utilities (heat, running water, hot water, electricity, gas, or any other essential service), removing doors or windows, or any other self-help measure is unlawful. A tenant who is locked out or loses utilities can sue for actual damages plus a statutory penalty equal to three months’ rent or $5,000, whichever is higher, along with attorney fees and costs.¹¹ Even a valid termination notice does not let you cut services or change locks before the writ is executed.

Returning the Security Deposit

Once the tenant is out, whether voluntarily or by writ, you have one month to return any security deposit. To keep any part of it for unpaid rent, utility charges, or damage beyond normal wear and tear, send the tenant a written statement itemizing each deduction, along with the remaining balance, mailed to the tenant’s last known address. Miss the one-month deadline and you forfeit the right to withhold anything, even for legitimate damage, and must return the full deposit.¹² Put the move-out date on your calendar the day it happens.

1
Justia Law. Colorado Code 38-12-1303 – Cause for Eviction Required – No-Fault Evictions
2
Justia Law. Colorado Code 13-40-107 – Notice to Quit
3
Colorado Judicial Branch. Notice to Terminate Tenancy (Residential Eviction)
4
Justia Law. Colorado Code 13-40-108 – Service of Notice
5
Colorado Judicial Branch. Mandatory Pre-Eviction Mediation
6
Judicial Legal Help Center. Summons and Complaint
7
Colorado Judicial Branch. Colorado Judicial Branch List of Fees
8
Judicial Legal Help Center. Landlord’s Options for Serving an Eviction
9
Justia Law. Colorado Code 13-40-111 – Summons
10
Justia Law. Colorado Code 13-40-122 – Writ of Restitution After Judgment
11
FindLaw. Colorado Code 38-12-510 – Unlawful Removal or Exclusion
12
Colorado Public Law. Colorado Revised Statutes 38-12-103 – Return of Security Deposit