Colorado Springs Eviction Process – El Paso County Eviction Process
IF YOU ARE TIRED OF BEING A LANDLORD AND WISH TO SELL CONTACT ME HERE or CALL 719-235-6797.
The Colorado Springs Eviction process is administered by the Courts of El Paso County. The Eviction process in Colorado Springs is somewhat straightforward as of the time of this post (July 2016).
All forms and directions for a Colorado Springs Eviction or El Paso County Eviction can be found at the Colorado Judicial Branch website and are also linked below.
- STEP 1 – Written Lease. First and foremost, always have a written lease with your tenant. This will make things much smoother and will not end up being the landlords word against the tenant.
- STEP 2 – Post the 3 day Notice to Quit (JDF 101) or Demand for Compliance or Right to Possession Notice. (JDF 97) These forms should be posted immediately after the tenant is non-compliant in anyway. This includes late rent, unauthorized resident in property, unauthorized pet in property and any other issue that is not allowed per the lease agreement. Be sure to take a picture of this document after you post it so you have it as evidence if needed.
- STEP 3 – Schedule Court Date. After the proper number of days have passed and the tenant has not complied you will need to fill out the Complaint in Forcible Entry and Detainer (JDF 99) along with Summons in Forcible Entry and Unlawful Detainer (CRCCP 1A) and the Answer Under Simplified Civil Procedure (CRCCP 3). These documents are required to schedule your court date at the El Paso County Court House located at 270 S. Tejon Colorado Springs, CO Suite 100. Be sure to bring the proper number of copies of every document as the court house charges 25 cents per page to make copies and will make you get back in line if you do not have what is needed. See list of copies below:
- JDF 101 Demand for Compliance or JDF 97 Notice to quit (Before posting on the door – make 1 copy for court plus 1 copy for Plaintiff and 2 per tenant)
- JDF 98 Affidavit of Service (1 per tenant)
- JDF 99 Complaint (Original plus 1 for Plaintiff plus 2 per tenant – required to be notarized)
- CRCCP 1A Summons (Original plus 1 for Plaintiff plus 2 per tenant)
- CRCCP 3 Answer (2 per tenant)
- STEP 4 – Serve the Tenant. Hire a private process server or use the Sheriff’s Office to serve the defendant (tenant). The courthouse will provide you original copies to serve and mail each tenant. Once served you will need to take the originals back to the courthouse along with the Affidavit of Service which will need to be filled out by your process server and notarized. This document shows that the tenants were served their summons. PERSONAL SERVICE MUST BE MADE IF YOU SEEK A MONETARY JUDGEMENT
- STEP 5 – Go to Court. Show up to court on time with all of your paper work including your lease and all forms filed. If your tenant does not show or does not issue an answer, the judge will most likely award you possession and you will need to return 48 hours later to pick up your Writ of Restitution.
- STEP 6 – Writ of Restitution. This is basically the official Eviction Notice. After you pick up the Writ of Restitution, you will need to go to the Sheriff’s Office located at 210 S. Tejon to schedule a Sheriff to post this at the property. The Sheriff will then coordinate with you to accompany him to remove the tenants property at a later time if the tenant has not vacated. Be sure to have enough labor to remove all tenant belongings left behind.
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.