The most significant benefit of using DenCO Property Management (DenCO) to handle tenant evictions is that recent legislation makes the process more complex and time-consuming. Our Property Management Agreement delegates the legal authority to act on behalf of the real estate owner. No one wants to evict tenants, but sometimes it is necessary to protect owner assets. Property managers must carefully follow the rules and procedures set forth by Colorado law when evicting tenants. If not followed, courts can dismiss eviction suits, allowing problem tenants to remain until the property manager restarts the process.
A property manager cannot begin an eviction lawsuit without legally terminating the tenancy. Landlords start the process by giving renters written notice to end their tenancy by posting the property door with e Notice of Election and Demand and they have a 10 Right to Cure unless it is a substantial violation.
Landlords can evict for the following reasons:
Failure to Pay Rent
Property managers serve the tenant with a 10-day rent payment notice to start the expulsion process. Managers can download an eviction notice from the State’s website or use their own. The manager files an eviction lawsuit if the tenant does not comply within ten days.
Violating the Lease Agreement
Property managers can terminate tenancy because of lease agreement violations such as long-term guests, unauthorized pets, property damage, and unauthorized commercial use. To start eviction, landlords must give tenants a 10-day notice to fix the problem or stop the unauthorized activity. Managers can file if the renters do not meet the stated deadline. If tenants repeat the same violation, property managers can give notice to quit without additional time to remedy the matter. For example, tenants receive notice about violating a no-pets policy. Property managers can move to evict without notice if they bring their pets back.
Colorado’s Pet Animal Ownership In Housing law passed in 2023 affects evictions. The act states that officers executing evictions must give pets to tenants if they are on the premises when completing the court order. If not present, the officers send the pets to a local animal shelter, informing the tenants of their pet’s location.
Commits a Serious Violation
Special rules apply for terminations and evictions caused by “substantial lease violations.” The following acts are considered substantial.
- Endangers a person or property
- Commits a violent or drug-related felony
- Commits a crime with a possible prison term of at least 180 days
Property managers serve three-day notice to leaseholders who commit serious violations. If the tenant does not move out of the rental unit by the end of three days, then landlords can initiate an eviction lawsuit against the tenant.
The Eviction Lawsuit
It is time to file an eviction lawsuit when tenants do not remedy or fix the violation by the stated deadline. Property managers must prove that the tenant had the correct amount of time to respond to the notice. When filed, the court sets a court date. Property managers must document evidence of all violations and damage justifying their decision to evict. Evidence includes:
- Notice of late payments.
- Photos of damage.
- Copies of email correspondence.
- Copies of bounced checks.
- Documented complaints by other tenants.
If a tenant does not appear at the hearing, the court will likely enter a default judgment for the landlord. Colorado courts issue writs of restitution 48 hours after rendering the judgment. The property manager takes the court order to the local sheriff, and the officer removes the tenant from the property.
Tenant Decides to Fight Eviction
Even though a landlord might have a valid legal reason to evict a tenant, the tenant can fight the eviction. In Colorado, courts may refuse an eviction for the following reasons:
Improper Procedures – Property managers must closely follow state and local laws to terminate tenancy. Procedural mistakes can lead a judge to dismiss an eviction. Common procedural mistakes are insufficient time to cure a problem, improper notice serving, and court filing errors. In court, savvy tenants or their attorneys will point out procedural issues, hoping for a dismissal. An experienced property management company like DenCO will follow all eviction procedures required in Colorado to evict tenants successfully.
Retaliation – Colorado law prohibits property managers or owners from bringing an eviction suit against a tenant in retaliation for a particular act, such as complaining to a governmental agency about a health and safety violation. Tenants who prove retaliation can expect the court to dismiss the eviction suit. The court might even award money damages and attorneys’ fees to the renter for defending against the eviction.
Victim Status – Colorado property managers and owners may not terminate a tenancy because the leaseholders are the victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
Added New Rules to Lease – Property management companies cannot evict tenants for violating newly added lease clauses to the rental agreement if the tenant did not consent to the new policies in writing.
Self-Help Eviction – Colorado judges frown on property managers or owners using measures like changing the door locks and turning off utilities to force the tenant to move out. It is never legal for a landlord to evict a tenant without a court order.
When to Hire a Lawyer – DenCO Property Management retains legal counsel to handle evictions that go to trial. Seasoned lawyers present the necessary evidence to ensure the court fully understands our reasons for eviction. Legal representation might be needed when landlords seek several months of rent, recoup money for expensive property damage repairs, or when the tenants have complicated defenses.
Notice for Termination Without Cause – Sometimes, property managers do not have a legally recognized reason to evict. If the lease is about to end, they can opt not to renew. They wait for the lease term to end, and the tenant must move out.
Colorado Eviction Laws: 2023 Update
In 2023, Governor Polis signed HB23-1120, which changed evictions in Colorado. The most significant change concerns eviction protections for residential tenants who receive public assistance. Mediation is required if the tenant receives supplemental security income, Social Security disability insurance, or cash assistance through the Colorado Works program. Landlords must submit signed affidavits to courts stating whether:
- The tenant receives assistance,
- Mediation does not apply, or
- The mediation was unsuccessful.
Landlords pay all mediation costs, and the law is effective immediately. Mediation must be conducted by a trained neutral third party and scheduled through the State Office of Dispute Resolution. If mediation is unsuccessful and the eviction goes forward, removal must wait 30 days. It used to be ten days.
New legislation changes how evictions are handled in Colorado, making evictions more complicated, expensive, and delayed. News are expected next year. Hiring DenCO will ensure that all legal processes are handled correctly and fully comply with all current state and federal laws. We manage 150 rentals in the DU, Washington Park, and other Denver neighborhoods and have been in business since 1999. Call us at 303-722-9688 or click here to complete a Contact Us form.
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