Understanding Denver’s Eviction Process: A Landlord’s Guide

As a landlord in Denver, it's crucial to have a solid understanding of the eviction process. While it may not be something you anticipate needing, being prepared ensures you can handle situations efficiently and legally when they arise. This guide will walk you through the key steps of Denver's eviction process, providing you with the knowledge you need to protect your property and your interests.

1. Grounds for Eviction

Before initiating an eviction, you must have legal grounds to do so. In Denver, common reasons for eviction include:

• Non-Payment of Rent: The most common reason for eviction is the tenant's failure to pay rent. Colorado law requires landlords to give tenants a written notice to pay or vacate, typically a 10-day notice. If the tenant does not pay the overdue rent within this period, the landlord can proceed with eviction.

• Lease Violations: If a tenant violates the terms of the lease agreement—such as subletting without permission, causing significant property damage, or engaging in illegal activities—the landlord has the right to initiate eviction. Again, a written notice specifying the violation and a time frame to rectify the issue must be provided.

• End of Lease Term: If a tenant remains in the property after the lease has expired without renewing the lease, the landlord can evict the tenant by serving a notice to quit, typically giving a 30-day notice in a month-to-month tenancy.

2. Providing Proper Notice

Providing proper notice is a critical step in the eviction process. The type of notice required depends on the reason for eviction:

• 10-Day Demand for Compliance or Possession: Used primarily for non-payment of rent or other curable lease violations. This notice gives the tenant 10 days to correct the issue or vacate the property.

• Notice to Quit: If the lease has ended or if the violation is incurable, such as repeated violations or serious breaches, you may serve a Notice to Quit. This notice varies in length depending on the circumstances (e.g., 30 days for month-to-month tenants).

• Unconditional Quit Notice: In cases of severe lease violations that cannot be remedied, such as illegal drug activity, landlords may serve an Unconditional Quit Notice, which does not give the tenant an option to correct the behavior and demands that they vacate the property immediately.

3. Filing the Eviction

If the tenant fails to comply with the notice, the next step is to file an eviction lawsuit, known as a Forcible Entry and Detainer (FED) action. This process involves:

• Filing a Complaint: You must file a complaint with the appropriate county court, which outlines the reasons for eviction and the desired outcome (usually possession of the property and any unpaid rent).

• Summons: After filing the complaint, the court will issue a summons, which must be served to the tenant. This document informs the tenant of the legal action and the date of the court hearing.

• Court Hearing: The tenant has the right to appear in court to present their defense. If the tenant does not show up, the judge may issue a default judgment in favor of the landlord. If the tenant contests the eviction, both parties will present their cases, and the judge will make a ruling.

4. Possession of the Property

If the court rules in favor of the landlord, a Writ of Restitution will be issued. This legal document allows the landlord to take possession of the property, usually within 48 hours. The sheriff's office often enforces the writ, ensuring the tenant vacates the property.

5. Handling Tenant Property

In Denver, if a tenant leaves behind personal property after an eviction, the landlord must follow specific procedures. The landlord must give the tenant a written notice, allowing them to retrieve their belongings. If the tenant fails to collect their property within the designated time frame, the landlord may dispose of the items, usually through a public sale.

6. Avoiding Common Pitfalls

Navigating the eviction process can be complex, and mistakes can be costly. Here are some common pitfalls to avoid:

• Improper Notice: Ensure all notices are correctly served and documented. Failure to provide proper notice is one of the most common reasons eviction cases are dismissed.

• Self-Help Eviction: Never attempt to evict a tenant without following legal procedures. Actions like changing the locks or shutting off utilities without a court order are illegal and can result in penalties.

• Lack of Documentation: Keep detailed records of all communications, notices, and payments. Proper documentation is crucial if the case goes to court.

7. Working with a Property Management Company

Managing an eviction can be stressful and time-consuming. Working with a professional property management company like Mavi Unlimited can help streamline the process and ensure all legal requirements are met. Property managers can handle everything from serving notices to representing landlords in court, providing peace of mind and allowing you to focus on other aspects of your investment.

At Mavi Unlimited, we understand that dealing with difficult tenants and the eviction process can be overwhelming. Our experienced team is here to help you navigate these challenges with confidence and ease. If you're a landlord in Denver looking for expert guidance and comprehensive property management services, contact us today for a free consultation. Let us help you protect your investment and ensure a smooth, stress-free rental experience.