In most cases in Colorado, an eviction will take approximately 25 days between the date of the lease violation and the date the sheriff physically removes the tenant from the leased premises. If you are evicting a tenant from a mobile home lot, this time period is extended to approximately 30 days.
In most cases, the eviction process begins with the landlord serving a Demand for Compliance or Possession, which provides the tenant three (3) days to comply with the landlord’s lawful request for the return of possession of the landlord’s property. If the tenant fails to comply with the landlord’s demand in a timely manner, the landlord may begin an eviction proceeding against the tenant.
A landlord commences an eviction proceeding by filing a complaint with a court of proper jurisdiction. An initial court date is then scheduled eight (8) to ten (10) days following the date of filing. If the case is not resolved on the initial court date, the parties are required to schedule an additional court date for a hearing that may take place one (1) to seven (7) days following the initial court date. If, on the second court date, the landlord is victorious, the landlord is granted a Writ of Restitution, which becomes effective 48 hours after issuance. Upon receiving the Writ, the landlord is free to schedule a date with the local sheriff for the tenant’s eviction. The “move out date” is usually set about two (2) weeks from the day the Writ is presented to the sheriff.
My advice is don’t waste time. Many tenants are aware how long an eviction proceeding takes and many of them are trying to game the system. Many already know they are moving out but try to stay as long as they can rent free. If a tenant is presented with the proper eviction paperwork and still does not remit the back rent, in all likelihood the tenant does not have the intent or the ability to pay rent. You can always work out a deal with the tenant after you have filed for an eviction. However, you will never be able to recoup the rent you lose while you wait for the tenant to remit back rent before the eviction process has been commenced.
What is stated above is a general overview of the Colorado eviction timeline, which is meant to give landlords a brief idea of the most common outcome. Depending on the exact circumstances, the eviction timeline may vary substantially. Making a mistake in the eviction process can cost a landlord time and money. Often, when a tenant understands that a lawyer has been hired to begin an eviction, the tenant quickly makes arrangements to pay the landlord the full amount due, often including attorneys’ fees and court costs.
Please feel free to call my office at 303-322-9634 to arrange a time when we can discuss the specifics of your landlord/tenant matter.
Lustigman & Wolfson, LLC is a Colorado law firm serving clients in Denver, Adams County, Arvada, Thornton, Glendale, Cherry Creek, Lodo, Colorado Springs, El Paso County, Pueblo, Canon City, Fremont County, Arapahoe County, Aurora, Jefferson County, Clear Creek County, Centennial, Golden, Georgetown, Gilpin County, Westminster, Littleton, Broomfield, and Lakewood.