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If proper written
notice has been given to the tenant and the tenant has not vacated
the premises or paid the rent or complied with the lease condition,
the landlord may initiate an eviction suit under a specific procedure
set forth in the "Forcible Entry and Detainer" Colorado
statute (Section 13-40-101 et seq., C.R.S). The eviction procedure
is as follows (so you know what the process is if you are evicted):
The landlord may file in County or
District Court.
The landlord must have the tenant served with a "Summons and
Complaint" form. (These forms can be obtained at most stationery
stores.) The Summons and Complaint may be served by:
a sheriff or sheriff's deputy or by a person qualified to serve
process (a person over the age of 18 who is not a party to the action).
if the effort to serve the tenant personally has been diligent,
but unsuccessful, then the landlord may post a copy of the Summons
and Complaint in a conspicuous place on the premises and, in addition,
mail the notice to the tenant at the premises (by postage prepaid
first-class mail) no later than the day after the complaint is filed.
The summons will have a date and time for the tenant to appear in
court and to file his/her answer to the complaint. To file an answer
in County Court, the tenant must pay a fee. If you wish to fight
the eviction or the claim for rent, file your answer to the charges
with the court before the court date. The answer may deny the charges
of the complaint and list any claims the tenant may have against
the landlord. If the tenant does not file an answer, the landlord
will receive a default judgment.
At the hearing, both landlord and tenant will be given an opportunity
to present their cases. If the tenant does not appear in court,
the landlord will receive a default judgment.
The court judgment may be in favor of the landlord or the tenant.
If the judgment is in the landlord's favor, the tenant may be ordered
not only to vacate the premises, but also to pay back rent and/or
amount of damages as well. The losing party may also be ordered
to pay attorneys' fees and court costs.
If the judgment is against the tenant, the tenant has 48 hours to
move. After that time, the landlord can have a "writ of restitution"
issued, and the sheriff will come to forcibly evict the tenant.
Any tenant whose landlord is evicting him/her without a court order
should seek legal advice immediately.
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