The eviction process in Larimer County runs through Colorado’s Forcible Entry and Detainer statutes: the landlord serves a written notice, waits out the notice period, files a Complaint and Summons in county court (no filing fee), wins a Judgment for Possession at a hearing or by default, waits 48 hours, and then hands a Writ of Restitution to the Larimer County Sheriff, who is the only person legally allowed to remove the tenant. An uncontested case typically takes four to six weeks; a contested one runs six to ten weeks or longer. Skip a step or use the wrong form and the case gets dismissed.
Have a Lawful Reason to Evict
Since House Bill 24-1098 took effect in 2024, a Colorado landlord can no longer end a residential tenancy just because they want the property back. There has to be a specific cause.1Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant The grounds that most Larimer County cases rest on are:
- Unpaid rent
- A material lease violation
- Non-renewal at the end of a lease term, with a qualifying reason under current law
- Substantial damage to the property or conduct that endangers others on the premises
The ground you’re relying on decides which notice form you use and how many days you have to wait before filing. Getting that pairing wrong at the start is how landlords lose cases weeks later.
Serve the Correct Pre-Filing Notice
Demand for Compliance (JDF 99 A)
For unpaid rent or a lease violation, the landlord serves a Demand for Compliance on form JDF 99 A. Standard residential tenants get ten days to pay what’s owed or cure the violation. If they do, the eviction can’t be filed on that notice. Nonresidential tenants and employer-provided housing get three days; exempt residential landlords (owning five or fewer single-family rental homes) give five days.2Justia. Colorado Code 13-40-104 – Unlawful Detention Defined – Definitions
Notice to Terminate Tenancy (JDF 99 B)
When the landlord is ending the tenancy at the close of a lease term rather than for a specific breach, the correct form is JDF 99 B, which replaced the older Notice to Quit (formerly JDF 97) in 2024.3Colorado Judicial Branch. Colorado Courts Forms Blotter June 2024 The notice must be served before the scheduled end of the rental agreement, and the required lead time scales with how long the tenancy has run:
- One year or longer: 91 days
- Six months to less than one year: 28 days
- Month-to-month (one to less than six months): 21 days
- Week-to-week: 3 days
Those periods come from the JDF 99 B instructions themselves.4Colorado Judicial Branch. JDF 99 B – Notice to Terminate Tenancy
How the Notice Must Be Delivered
C.R.S. ยง 13-40-108 spells out valid service. A landlord can hand the notice to the tenant, or leave it with a household member at least fifteen years old. If no one is home, the notice can be posted in a visible spot on the property, but only after personal service was attempted on two separate days.5Justia. Colorado Code 13-40-108 – Service of Written Notice Posting after a single knock does not count. Sloppy service here is one of the most common reasons Larimer County eviction cases fall apart, so document every attempt with a date and time.
Mediate First If the Tenant Qualifies
Under HB 23-1120, if a residential tenant receives Supplemental Security Income, Social Security Disability Insurance, or cash assistance through Colorado Works, and the tenant disclosed that status in writing, the landlord must go through mediation before filing.6Colorado Judicial Branch. Mandatory Pre-Eviction Mediation The landlord schedules the session through the Colorado Office of Dispute Resolution within 14 days of the request, pays the mediator $50 per hour with a non-refundable $100 deposit for the first two hours, and the tenant pays nothing because the state covers their share.
There are exceptions. Landlords who own five or fewer single-family rentals with no more than five total units are not required to mediate, and neither are 501(c)(3) nonprofits that already offer mediation.
File the Case in County Court
Once the notice period expires without cure or move-out, the case is filed at the Larimer County Justice Center in Fort Collins or the Loveland court location at 810 East 10th Street. Colorado charges no filing fee for eviction cases, regardless of the damages claimed.7Colorado Judicial Branch. List of Fees
Two forms go in together: the Complaint (JDF 101), which lays out the grounds and the exact unpaid rent plus other damages as of filing, and the Summons (JDF 102), which sets the return date for the tenant’s first appearance.8Colorado Judicial Branch. Residential Evictions A wrong address, misspelled name, or missing detail is enough to slow the case.
Serve the Summons and Complaint
The landlord cannot serve these papers themselves. Service must be done by someone qualified under the rules of civil procedure, meaning a private process server or the Larimer County Sheriff’s Office.9Justia. Colorado Code 13-40-112 – Service The Sheriff charges a $35 base fee plus mileage by zip code.10Larimer County Sheriff’s Office. Civil Process Fee Chart Private servers typically charge between $50 and $195.
Service has to happen at least seven days before the return date on the Summons. If personal service fails after diligent effort, the papers can be posted at the property, but in that case the landlord must also mail copies by first-class mail no later than the next business day after filing the Complaint.9Justia. Colorado Code 13-40-112 – Service That mailing step is what separates Summons service from pre-filing notice service, where posting alone is enough after two attempts.
The Return Date, Answer, and Trial
The return date is the tenant’s deadline to file a written Answer (JDF 103). No Answer, no appearance, and the judge can enter default judgment giving the landlord possession immediately.11Justia. Colorado Code 13-40-113 – Answer of Defendant – Additional and Amended Pleadings
If the tenant does file an Answer, the court sets a trial no sooner than seven days and no later than ten days after the Answer, with extensions possible for good cause.11Justia. Colorado Code 13-40-113 – Answer of Defendant – Additional and Amended Pleadings The landlord carries the burden of proving the grounds. Winning at trial produces a Judgment for Possession. That judgment does not authorize the landlord to change locks or remove anyone.
The 48-Hour Wait, Writ of Restitution, and Lockout
Between the Judgment for Possession and any physical removal, Colorado imposes a mandatory 48-hour waiting period. Only after that can the court issue a Writ of Restitution.12Justia. Colorado Code 13-40-122 – Writ of Restitution After Judgment – Definitions The landlord requests the Writ (JDF 109) from the court clerk and delivers it to the Larimer County Sheriff’s Civil Process Unit.8Colorado Judicial Branch. Residential Evictions
Only a sheriff, undersheriff, or deputy sheriff can execute the Writ, and execution is limited to daytime hours between sunrise and sunset. Actual scheduling depends on the Civil Process Unit’s workload, so expect some gap between delivering the Writ and the lockout.13Larimer County. Civil Process / Sheriffs Sales
A landlord who tries to skip this by changing locks, shutting off utilities, or hauling out belongings without a Writ opens themselves to civil liability. The whole point of the statutory process is to keep landlords out of self-help removals.
What Happens to the Tenant’s Belongings
Once the Sheriff executes the Writ, Colorado law gives the landlord a wide margin. There is no duty to store, maintain, or even inventory personal property removed during or after execution of the Writ, and choosing to store it anyway does not create a bailment or liability for loss or damage.12Justia. Colorado Code 13-40-122 – Writ of Restitution After Judgment – Definitions A landlord who does store items can charge reasonable storage costs and dispose of the property under Colorado’s lien provisions if unpaid. The officer executing the Writ and their agency are also immune from civil liability for damage during removal.
Defenses That Can Derail a Case
Three defenses come up often enough that landlords should think about them before filing.
Retaliation. Colorado bars evictions in response to a tenant exercising a legal right, such as filing a complaint about unsafe conditions or requesting repairs. Prohibited retaliatory conduct also covers raising rent, cutting services, and imposing fees or penalties.14Justia. Colorado Code 38-12-509 – Retaliatory Actions Prohibited An eviction notice served shortly after a code complaint invites this defense.
Habitability. Under the warranty of habitability, a landlord must keep the property safe and fit for living, and failure to do so can be raised as a defense to an eviction for unpaid rent.15Justia. Colorado Code 38-12-505 – Uninhabitable Residential Premises
Improper notice or service. Wrong form, outdated form number, only one service attempt before posting, or a short-counted notice period will get a case dismissed. The landlord can refile, but every notice clock starts over.
Mobile Home Parks Follow Different Rules
If the property is a lot in a mobile home park where the resident owns the home, the standard Forcible Entry and Detainer process is not the right track. Colorado’s Mobile Home Park Act limits termination to specific causes, gives residents cure rights, and requires twelve months’ written notice when the park is changing land use in a way that displaces homeowners.16FindLaw. Colorado Code 38-12-203 – Termination of Tenancy Notice and cure periods generally run longer than in a standard residential case.
Total Time and Cost
Start to finish, an uncontested Larimer County eviction runs about four to six weeks; a contested case with a trial and possible extensions runs six to ten weeks or more.
Direct costs are modest. No court filing fee.7Colorado Judicial Branch. List of Fees Service through the Sheriff runs $35 plus mileage, or $50 to $195 through a private process server.10Larimer County Sheriff’s Office. Civil Process Fee Chart The Sheriff also charges a fee to execute the Writ. If mandatory mediation applies, add $50 per hour for the mediator with a $100 minimum deposit.6Colorado Judicial Branch. Mandatory Pre-Eviction Mediation Attorney fees, when a landlord hires counsel, sit on top and vary with whether the case reaches trial.