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Home Self Help House, Apartment, or Condo Evictions
Home Self Help House, Apartment, or Condo Evictions
House, Apartment, or Condo Evictions
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • FORMS for House, Apartment and Condo Evictions
    • Forms for house, apartment and condo evictions
      • Instructions

        JDF 100 - Instructions for Forcible Entry and Detainer (FED) / Evictions

         

        Forms

        CRCCP 1A -  Summons in Forcible Entry & Unlawful Detainer

        CRCCP 3 - Answer Under Simplified Civil Procedure

        JDF 91 - Motion for Entry of Judgment on Stipulation

        JDF 97 - Notice to Quit

        JDF 98 - Affidavit of Service

        JDF 99 - Complaint in Forcible Entry and Detainer

        JDF 103 - Writ of Restitution

        JDF 104 - Motion for Entry of Judgment

        JDF 106 -  Order re: Stipulation

        JDF 107 - Order for Entry of Judgment with Issuance of Interrogatories

        JDF 109 - Affidavit to Support Claim for a Breach of the Warranty of Habitability

    • How do I issue a Subpoena?
      • A Subpoena must be served no later than 48 hours prior to the appearance date.

        A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a deposition, hearing or trial.

        A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one of the parties to require the witness to bring certain documents or evidence in their possession with them to a deposition, hearing or trial.

        A Court hearing or trial must be set prior to requesting the clerk to issue a Subpoena.

        For additional information, please review C.R.C.P 345.

        Instructions and Forms can be found by clicking on http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=154

  • How do I start an Eviction?
    • 1. What is an Eviction?
      • * An eviction is legally removing someone from a property, like an apartment or house, because they aren't paying rent or aren't following the rules in a lease.  For example, a renter may have pets even though the lease says there will be no pets.

        * The eviction must be started by a person in interest, for example the property owner or other individual or group named as the landlord on the lease. If you are the property manager or the individual or group acting for the owner(s), you may be required to show proof of your authority.

        * The judgment amount (amount of money you can receive if you win your eviction case) is limited to $15,000.00 in County Court.

        * For additional law about evictions, review Colorado Revised Statute For additional law about evictions review Colorado Revisted Statutes §13-40-101 et. seq.

        If you do not understand this information, you may want to contact an attorney.
    • 2. What do I do to get ready to give my Eviction paperwork to the court?
      • (1) Give the Tenant (Renter) Notice of the Eviction

        * You must complete, post, and/or arrange to serve on the renter either JDF 101 the Demand for Compliance or Right to Possession Notice  or JDF 97  the Notice to Quit.

        * Detailed instructions on how to fill out these notices may be found in the forms section.

        * The JDF 101 Demand for Compliance or Right to Possession Notice is often used when the renter isn't paying rent or is breaking rules in the lease.  For example, the lease may say that only two people can live in the apartment, but five people are living in the apartment.  The JDF 97 Notice to Quit is often used when the lease with the renter has ended.

        * If you decide to post one of these notices, it must be posted on the front door of the apartment or house, or in a place that is easily seen.  Make a copy of the notice for your records before you post it.

        * If you used the JDF 101 Demand for Compliance or Right to Possession Notice, the three-day time period for the renter to comply with your request that they leave the property must have passed before you start your case with the court.  If you used the JDF 97 Notice to Quit , the date that you filled in on the form for the renter to leave the property must have passed before you start your case with the court.

        Note: If the last day of any time period is a Saturday, Sunday, or legal holiday, the time period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. For example, if the third day is on Saturday, the deadline is on Monday.

         

        (2) Complete the Paperwork

        * Download and fill-out the following forms:

            JDF 99 Complaint in Forcible Entry and Detainer
            CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer
            CRCCP Form 3 Answer under Simplified Civil Procedure

         

        TIPS for completing the JDF 99 Complaint in Forcible Entry and Detainer :

        * You are the Plaintiff and the person(s) you are evicting is/are the Defendant(s).  If there is more than one Defendant in the same case, list all of the Defendants on your form.

        * Follow the prompts on the form to fill in the blanks on the Complaint form.

        * Attach a copy of the lease (if you have one) to the complaint form. Write or type "Exhibit A" on the lease.

        * Attach a copy of the JDF 101 Demand for Compliance or Right to Possession Notice or JDF 97 Notice to Quit  that you completed and posted before to the complaint.  Write or type "Exhibit B" on the notice.

        * Make copies of all documents for the Court and the Defendant(s) that will be attached to the complaint. You must arrange to serve all of these documents on the Defendant(s) along with the Complaint.  The section on service of process will provide directions on how to arrange to serve legal documents.

         

        TIPS for completing the CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer:

        * Fill-out the upper portion (caption) on the form.

        * The court clerk will complete the court location, date, and time on the CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer.

         

        TIPS for completing the CRCCP Form 3 Answer under Simplified Civil Procedure.

        * Complete the upper portion (caption) on the form.  Do not fill-out the box labeled Attorney or Party Without Attorney. This is for the defendant.

        * Make several copies of the Complaint, Summons, Answer, and the exhibits you attached to the Complaint to give to the individual or group that will be serving the Defendant(s).

         

    • 3. How do I give the Eviction paperwork to the court?
      • (1) Decide where (which courthouse) to deliver your paperwork.

        * Your eviction case belongs in the county court in the county where the property is located. The courthouse finder  will help you find the correct county court.

         

        (2) Give the Court the completed forms and exhibits.

         JDF 99 Complaint in Forcible Entry and Detainer

         CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer

         CRCCP Form 3 Answer under Simplified Civil Procedure

         

        (3) Pay the filing fee.

        * Pay the filing fee.   If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. For more information check out the File Without Payment page.

         

        (4) Work with the court clerk to set your court date.

        * After you hand him/her your paperwork, the court clerk will complete the appropriate fields on the CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer  with the court location and date and time of the court hearing.  This court date is when you will return to Court for a hearing.

        * You must go to the court for your hearing. During the hearing, you may make an agreement with the Defendant, the judge may rule in your favor (meaning you win the case), or the judge may rule in favor of the Defendant.

        * The Court date will be set between 7 to 14 days from the date that the court clerk completes the Summons.

         

        (5) The Defendant(s) may give you an Answer.

        Do not ignore the Answer. It could contain both a Response and a Counterclaim (the defendant is suing you). If you ignore the Answer, the judge could rule against you (meaning you could owe the Defendant money and/or they may not be evicted from your property).

         

         

         

         

    • 4. How do I arrange to serve the Defendant with the Eviction paperwork?
      • Personal Service:

        The service section of the website will give you information on how to arrange to serve the defendant.

        * The fee for service may be awarded as part of your court costs if the court rules in your favor.  You have to ask the judge for this award of court costs in your paperwork that starts the case.

        1. Provide the person serving the paperwork with the JDF98 Affidavit of Service for each Defendant and two copies each of the Summons, Complaint, and Answer forms. All exhibits, including the lease and notice should be attached to the Complaint.

        2. The process server will return the original Summons to you with the Affidavit of Service completed.  Give the affidavit to the court on or before the date of the hearing.

        Each Defendant must be served at least 7 days before the court hearing date on the Summons.  The Defendant(s) must be personally served if you want a money judgment for past due rent or damages to your rental. 

        Service by Posting and Mailing:

        1. If personal service cannot be made on the Defendant(s), the person completing service, for example the process server or Sheriff, must post the papers on the door to the main entrance of the property or a place at the rental that is easily seen.

        2. No later than the next day following the day you file the Complaint with the Court, mail a copy of the Summons, Complaint, and Answer to the Defendant(s) by postage prepaid, first class mail. Don't forget to attach the exhibits.  Complete the Certificate of Mailing on page two of the summons and give the form to the court.

        3.You are responsible for paying the service fees, if any.

         

  • How do I respond to an Eviction?
    • How do I Answer an Eviction if I am the Defendant?
      • INTRODUCTORY NOTES

        * You are the Defendant if you receive eviction paperwork from a process server, sheriff, or other individual or find the paperwork posted on the door to your apartment or house or in a place that is easily seen at your apartment or house.

        * If you are the Defendant do not ignore the Complaint. If you do, you could automatically lose the case and owe the plaintiff (person who is suing you) money and/or be evicted.

         

        (1) Fill out the Answer.

        * Use the Answer form included in the paperwork that you received: CRCCP Form 3 Answer under Simplified Civil Procedure.  Tell your side of the story on the form. Why do you or don't you owe the money? Why shouldn't you be evicted?

         

        (2) Determine whether you want to sue anyone yourself.

        A Defendant can sue the person that filed the Complaint by filing what is called a Counterclaim. If you would like to file a Counterclaim against your landlord (the Plaintiff), tell the court that you want to sue the plaintiff in "number two" on the Answer form you receive. Write about why you want to sue the plaintiff.

        * If there are other Defendants named in the Complaint, you could sue them by filing what is called a Crossclaim. For example, your roomate may be named in the Complaint and you gave your roomate money to pay the rent and he/she didn't give your money to the landlord. You would file a Crossclaim against your roomate.  To file a Crossclaim, tell the court that you want to sue other Defendant(s) in "number three" on the Answer form. Write about why you want to sue the other Defendant(s).

         

        (3) Give the Answer (and Counterclaim and/or Crossclaim if you have them) to the Court where the case was started and Send it to the Plaintiff and other Defendant(s).

        * Complete the certificate of mailing on the bottom of page two of the Answer to show the judge that you will mail a copy of the Answer to the Plaintiff and/or other Defendant(s).  If the Plaintiff has an attorney, mail a copy of the Answer to the attorney.

        * Mail a copy of the Answer to the Plaintiff (and other Defendant(s) if applicable) on the same day that you give the Answer to the court.  Make copies of your Answer before submitting it to the court so that you can do this.

        * Pay the filing fee.  If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. For more information check out the File Without Payment page.

              * Note: You may request a jury trial.  You must pay the jury demand fee and your filing fee.  Your request will only be granted if you are entitled to a jury trial under current Colorado law.

        * The court clerk may set a new hearing date.  Both parties must appear on the new date set by the court.

        * If you requested a jury trial or if either person asks to delay the trial more than 5 days you or other person(s) in the case may be required to post a bond or other amount of money.

         

        If you do not understand this information, you may want to contact an attorney.
  • What can I expect from the Eviction Hearing?
    • 1. Tips for your Court Date
      • ON YOUR COURT DATE:

        Be on time or early for your court hearing

        * Have all of your information, completed paperwork, exhibits (lease, notice, etc.), and any other evidence with you. Evidence can include a copy of the lease, copies of emails between the landlord and renter, copies of rent receipts, photographs of the property, etc. Organize and label each piece of evidence as exhibits that you can share with the judge.

                          * If you are the Plaintiff, label your exhibits with numbers starting with 1.

                          * If you are the Defendant, label your exhibits with letters starting with A.

                          * Make copies of your exhibits for the other Party (plaintiff, other defendants) and for the judge. You will have to pay for any copies that the

                          courthouse staff makes for you.

        * Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge."

        * You may be asked to talk with the other other person(s) involved in the case) to see if you can settle the case before the hearing.

         

        DURING THE HEARING:

        * The Plaintiff(s) will tell the judge why the Defendant should be evicted from the apartment or house.

        * The Defendant(s) tell the judge why the Plaintiff should not evict the Defendant(s) from the apartment or house.

        * Both the Plaintiff and the Defendant should focus on the facts. Present any exhibits to the judge and call witnesses to provide important information about your case.

        * Ask your witnesses questions so that they can testify.

        * If the other person has an attorney, the attorney may object to or ask the judge to ignore exhibits and witnesses that you try to bring up in your case.

         

    • 2. Possible Results of your Hearing
      • Possible Results of your Hearing:

        Settlement: If both the Plaintiff and Defendant are at the hearing, the Defendant could agree to leave the rental property and pay the rent or damages owed or a different amount if the Plaintiff agrees, or the Plaintiff and Defendant could make an agreement that will allow the Defendant to stay in the property. The JDF102 Stipulation in Forcible Entry and Detainer (FED) Eviction should be completed with information about the agreement and submitted to the court that day to make the agreement official.

        Another Hearing Date: If the Defendant filled out the Answer form with a Counterclaim, a new court hearing, about 7 days from the first court hearing, could be scheduled.

        Default Judgment for the Plaintiff: If the Plaintiff is at the hearing, but the Defendant does not show up, the judge could award money and/or eviction to the Plaintiff.  The Defendant could owe the Plaintiff money and may have to leave the rental immediately.

        Dismissal: If the Defendant is at the hearing but the Plaintiff is not, the judge could dismiss the case.  The Plaintiff could owe the Defendant money if the Defendant made a Counterclaim in the answer and/or the Defendant may be able to stay in the rental.

        * Hearing: The court hearing could be held as scheduled with each person in the case telling the judge why they should win using their witnesses and evidence.  The judge could give his/her decision that day.

    • 3. What if the Defendant(s) will not leave the rental after the Eviction Hearing?
      • * The Defendant(s) might stay in the rental after the judge orders them to leave.  If this happens, the Plaintiff could ask for an order from the court to remove the Defendant(s).  To ask the court for the order, fill out the top part (caption) of JDF103 Writ of Restitution and give the form to the court clerk.

        * If it has been 48 hours since the judge ordered the Defendant to leave, the judge may sign the form.  Provide JDF103 Writ of Restitution, signed by the judge, to the Sheriff in the county where the rental is located.  Once you pay the Sheriff, he/she will give the writ to the Defendant(s) and remove them from the rental.

        * Check with your sheriff about how long it will take to remove a person from the rental.  This could take several days or weeks depending on the sheriff's schedule.

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