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Done right, the eviction process can be very quick in Colorado.
Step 1) Post a 3-day demand notice on the property, once the rent is late, according to your lease. We use a due on the 1st of the month, late after the 3rd clause in our lease. First late period carries a $50 late fee. We have a second late fee of $75 if rent is not in by the 7th. At that point, we post the 3-day demand notice. The 3-day notice has strict guidelines as to what must be included, and you need a return of service receipt as well, which states the notice was posted.
Step 2) If the rent is not paid by the 10th, or 3 full days after posting the notice, we file the eviction action. We use the law firm of Tschetter, Hopkins, Sulzer (www.htspc.com). They specialize in eviction and Landlord/Tenant issues. They charge about $300 to file the eviction.
Step 3) Court date is set, usually in about a week from filing. About 99% of tenants do not show up for the hearing. Judge will grant the Writ of Restitution (eviction). This notice is posted, and most people vacate when this notice is posted. If the people have vacated, this is the point where you can change the locks and take possession. Do not do so before the Writ is issued. This can affect your rights, and the tenants.
Step 4) For the small few who don't vacate, you then need to arrange with the Sheriff of the county where the property is located to actually forcefully remove any remaining occupants. Sheriffs' offices charge about $100-$150 for this service. If there is personal property still in the house, you will need to remove it and place it on the curb. If it is not removed by tenants and neighbors picking through it, you can consider it abandoned and have it removed, donated or sold.
Step 5) Mitigate property damage and re-rent the property.
Step 6) Collection of debt, damages and lost rent. Long story with few happy endings.
Information provided by Kevin Mackessy, Broker/Owner, Blue Olive Properties, LLC
