Eviction Process for Landlords

The Colorado Springs & El Paso County Eviction Process for Landlords

As a landlord handling property in the Colorado Springs or El Paso County area, it is vital to know the proper procedure for dealing with tenants who are non-compliant or have violated the terms of your lease agreement. The following is a straightforward run-down of the essential steps involved in dealing with evicting a non-compliant tenant in the Colorado Springs or El Paso County area.

1)    Get an Executed Lease with Your Tenant

Having a signed written lease with your tenant is an incredibly important factor in the eviction process. Without this invaluable document, the result of the eviction proceedings will rely on your word against the word of your tenant. In the case that you do not already have a signed and properly executed lease with your tenant, you may need to consult an eviction attorney for advice.

2)    Post Official Notice and Photograph It for Evidence

Depending on your particular situation, you will need to post either a Notice to Quit, a Right to Possession Notice, or Demand for Compliance Notice and then take a photograph of it to keep as further evidence immediately following any non-compliant behavior from your tenant—including late rent payments, unauthorized pets or residents on the property, or any other violations of the terms of the lease agreement.

3)    Schedule a Court Date

Getting a court date at the El Paso County Court House is the next stage in the eviction process, but you will need to fill out several necessary documents before doing so. Following the appropriate time during which the tenant is required to vacate the property and comply with the demands of the relevant notice, and if the tenant has failed to comply, you will have to fill out the following forms:

-       A complaint in Forcible Entry and Detainer (JDF 99) 

-       Summons in Forcible Entry and Unlawful Detainer (CRCCP 1A)

-       Answer Under Simplified Civil Procedure (CRCCP 3)

4)    Serve Your Tenant

The final step in the eviction process is to hire a private process server to serve the tenant/defendant. Alternatively, you can go through the local Sheriff’s Office to do this. The courthouse itself provides you with the original copies to serve your tenants, after which you will need to return the originals to the courthouse. You will also need to have your process server fill out and notarize an Affidavit of Service to provide evidence that the tenants were served their summons, and then give this document to the courthouse.

5)    Appear in Court

Come prepared for your court date, arrive on time, and bring all the relevant paperwork needed for the case. If your tenant doesn’t show or issue an answer, the judge is likely to award you possession, after which you will be required to return after 48 hours to pick up the Writ of Resolution. This document is your official Eviction Notice. Once you have picked this up from the courthouse, you will need to arrange for a Sheriff to post it at the property and assist in removing any of the tenant’s property that has not been vacated.

**This is not intended to be legal advice and is only for informational purposes.  Please consult an attorney if you are not comfortable with the Colorado Springs Eviction or El Paso County Eviction process.