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Housing Cases
Housing Cases

Residential Evictions

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These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Start an Eviction

How to Start an Eviction

 

Give Notice (before filing)

  1. Fill out the required form:
    •  JDF 99 A - Notice for Demand for Compliance
      • Used for missed rent and other lease violations.
    • JDF 99 B - Notice to Terminate Tenancy
      • Used for repeat lease violations and criminal/severe lease violations.
    • JDF 99 C - Notice of No-Fault Eviction
      • Used when a lease isn't renewed.
  2. Post the Notice on the front door of the rental unit.
  3. Wait for the time period listed in the form.
    • Note: If the last day of any time period is a Saturday, Sunday, or legal holiday, the time period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. For example, if the third day is on Saturday, the deadline is on Monday.

 

Mandatory Mediation

If you file a Demand for Compliance, you may need to attend mediation before you can file a case in court:

  • If the Tenant receives Supplemental Security Income, Social Security Disability Insurance, or Cash Assistance through Colorado Works (TANF); and
  • The Landlord has six or more rental units.

Learn more about scheduling mediation.

 

Rental Assistance PSA

How to Submit Paperwork to the Court

  1. File in the County where where the property is located. 
  2. Give the court the completed forms and exhibits:
  3. Pay the filing fee, found in JDF 1 Filing Fees. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.

After Paperwork Is Filed

What Happens Next?

The court clerk will complete the appropriate fields on the Summons with the court location and date and time of the court hearing. This court date is when you will return to court for a hearing. You must go to the court for your hearing.

During the hearing, you may make an agreement with the Defendant, the judge may rule in your favor (i.e., you win the case), or the judge may rule in favor of the Defendant. The court date will be set between 7 to 14 days from the date that the court clerk completes the Summons.

If You Receive an Answer from the Defendant(s)

Do not ignore the Answer. It could contain both a Response and a Counterclaim (i.e., the Defendant is suing you).

If you ignore the Answer, the judge could rule against you (meaning you could owe the Defendant money and/or they may not be evicted from your property).

Serve the Defendant with the Paperwork

The Self-Help Service of Process page will give you information on how to arrange to serve the Defendant.

Each Defendant must be served at least 7 days before the court hearing date on the Summons. The Defendant(s) must be personally served if you want a money judgment for past due rent or damages to your rental.

Note: The fee for service may be awarded as part of your court costs if the court rules in your favor. You have to ask the judge for this award of court costs in your paperwork that starts the case.

Personal Service

  1. Provide the person serving the paperwork with JDF 98 Affidavit of Service for each Defendant and two copies each of the Summons, Complaint, and Answer forms. All exhibits, including the lease and Notice, should be attached to the Complaint.
  2. The process server will return the original Summons to you with the Affidavit of Service completed. Give the affidavit to the court on or before the date of the hearing.

Service by Posting and Mailing

  1. If personal service cannot be made on the Defendant(s), the person completing service, for example the process server or sheriff, must post the papers on the door to the main entrance of the property or a place at the rental that is easily seen.
  2. No later than the next day following the day you file the Complaint with the court, mail a copy of the Summons, Complaint, and Answer to the Defendant(s) by postage prepaid, First-Class Mail. Don't forget to attach the exhibits. Complete the Certificate of Mailing on page two of the Summons, then give the form to the court.
  3. You are responsible for paying the service fees, if any.

About the Hearing

For tips for your court date and hearing, as well as information about the possible outcomes of your hearing, please see What to Do on Your Court Date.

Additional Resources