Residential Evictions

JDF 100 - Guide to Residential Evictions

Step 1 - Pre-Filing Requirements (Landlord)

Step 1A - Eviction Notice

• JDF 99 A  -  Demand for Compliance
• JDF 99 B  -  Notice to Terminate Tenancy
• JDF 99 C  -  Notice of No Fault Eviction

Step 1b - Serve the Notice 

• JDF 98 - Affidavit of Service

Step 1c - Mandatory Mediation (if required)

• Schedule at: https://www.ColoradoODR.org

Step 2 - Start the Case (Landlord)

• JDF 101  -  Complaint
• JDF 102  -  Summons (just sections A to D)

Step 3 - Serve Step 2 Documents (Landlord)

• JDF 98  -  Affidavit of Service

Step 4 - Response (Tenant)

• JDF 103  -  Eviction Answer
• As needed:
  • JDF 104  -  Unlivable Conditions Affidavit

Step 5 - Prepare for Hearing

• JDF 108 - Request for Documents

Step 6 - Resolution

• JDF 106 A  -  Stipulated Agreement (parties agree to terms to end the case)
• JDF 106 B  -  Order re Stipulated Agreement

Or

• JDF 107 A  -  Motion for Entry of Judgment
• JDF 107 B   -  Judgment Order

Step 7 - Enforcement (If Needed)

• JDF 109  -  Writ of Restitution
• JDF 91  -  Motion for Entry of Judgment on Stipulation

How to Issue a Subpoena

A Subpoena must be served no later than 48 hours prior to the appearance date.

A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a deposition, hearing or trial.

A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one of the parties to require the witness to bring certain documents or evidence in their possession with them to a deposition, hearing or trial.

A Court hearing or trial must be set prior to requesting the clerk to issue a Subpoena.

For additional information, please review C.R.C.P 345.

View Instructions and Forms on Issuing a Subpoena

Hearing Tips

On Your Court Date

• Be on time or early for your court hearing
• Have all of your information, completed paperwork, exhibits (lease, notice, etc.), and any other evidence with you. Evidence can include a copy of the lease, copies of emails between the landlord and renter, copies of rent receipts, photographs of the property, etc. Organize and label each piece of evidence as exhibits that you can share with the judge.
  • If you are the Plaintiff, label your exhibits with numbers starting with 1.
  • If you are the Defendant, label your exhibits with letters starting with A.
  • Make copies of your exhibits for the other Party (plaintiff, other defendants) and for the judge. You will have to pay for any copies that the courthouse staff makes for you.
• Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge."
• You may be asked to talk with the other other person(s) involved in the case) to see if you can settle the case before the hearing.

During the Hearing

• The Plaintiff(s) will tell the judge why the Defendant should be evicted from the apartment or house.
• The Defendant(s) tell the judge why the Plaintiff should not evict the Defendant(s) from the apartment or house.
• Both the Plaintiff and the Defendant should focus on the facts. Present any exhibits to the judge and call witnesses to provide important information about your case.
• Ask your witnesses questions so that they can testify.
• If the other person has an attorney, the attorney may object to or ask the judge to ignore exhibits and witnesses that you try to bring up in your case.

Outside Resources

• Interactive Eviction Resources Map  –  find local resources to help you pay your rent or mortgage.
• Eviction and Foreclosure Prevention  –  Colo. Dept. of Local Affairs website.
• Model Rent Repayment Agreement  –  PDF   |   WORD
• Consumer Financial Protection Bureau
• fixmyrental.org – for cases where the rental is unsafe or unlivable.