How to evict someone in ADAMS COUNTY, Colorado Updated 2018

Question

This was originally done by another member named James. After having to start down this road i figured it needed a little more information so I added the actual form numbers and a little more info to include the websites. ~Arnie

ADAMS COUNTY FORMS can be found at the following website: https://www.courts.state.co.us/Forms/Forms_List.cf...

1. Post 3-day notice (take photo of notice on door). Use JDF 101 - Demand for Compliance or Right to Possession Notice

2. After 3-day notice has expired, You have to file the following 3 forms (found online) at the Adams County Justice Center. If you print the forms out from ONLINE, they WILL NOT accept double sided forms. You need to print SINGLE SIDE forms only.

1. JDF 101 - Demand for Compliance or Right to Possession Notice (you need a exact copy of what you posted on the property and took a picture of.)

2. CRCCP 1A - Summons in Forcible Entry & Unlawful Detainer

3. CRCCP 3 - Answer Under Simplified Civil Procedure

Window #8 at the ADAMS COUNTY JUSTICE CENTER. You will receive the court date at that time. They advised me that you need to line up someone to serve your tenants. Either the Sheriff's department (located downstairs they will direct you there, takes 2 weeks to serve them) or a company (could take 1-2 weeks to serve them.) They advised me that I couldn't serve it myself and it needed to be an uninterested party. So I couldn't use my brother or another family member. $97.00 Filing Fee

3. The notice needs to be served 7 days prior to the court date but you will also need to give the service company about 5 days to serve the notice. If they don't serve the notice in person and physically hand the notice to the resident, then you can only get a judgement for possession and not for monetary damages. So it's really important that the server has ample time to serve the tenant in person.

4. You must also mail registered/certified court forms to the tenants to arrive approx 5 days prior to the court date.

5. Go to court. This is where you need to prove your case only if the tenant shows up. Generally they don't and you win by default through the clerk. You never even see the judge.

6. The moment you win, you need to complete the following form: JDF 103 - Writ of Restitution with an accompanying check for the cost to have the sheriff come out to oversee the eviction. This writ gives you the right to enter your property and remove the tenant's contents. This is filed again at window #8 at the Adams County Court house. You can get the cost of the sheriff by calling the Adams County Sheriff's dept.

7. Take the writ after validation at the courthouse directly to the Adam's Country Sheriff which is a couple miles from the courthouse. Bring a check to the court appearance so you can immediately schedule the eviction with the sheriff - it will save you from having to make two trips out there. The sheriff's dept will assign a sheriff and he/she will call you to schedule the exact day and time. Typically the sheriff will put a note on the door letting them know they are being evicted so that will take another couple days.

8. When you speak with the sheriff, it's important to find out how many movers he requires, how full the house is with stuff, could the tenant become dangerous, are there kids on the premises, are there pets on the premises, etc. He will also require you to bring trash bags and boxes. You will move everything to where the sheriff designates is a good spot and it will remain there for 72 hours until which time you can dispose of it.

9. Finally you get your house back!

Hope this is helpful! Generally this process takes a month if it goes smoothly and costs a little under $1,000 if you do it yourself.

1. The Three-day Notice informs the tenant that they are being asked to leave the property and why. This notice can be given in person or posted on the door of the property, and also may be called a Notice to Quit, Notice to Vacate, or Demand for Compliance.

2. The Summons, Complaint and Answer is found in the F.E.D. This document informs the tenant that there is a court hearing regarding the eviction. The F.E.D. must be personally served or posted by an uninterested third party (e.g. NOT the landlord or property manager).

3. You should always make an effort to attend the court hearing regarding your eviction. If there is a chance to negotiate with your landlord/property manager about time frames for leaving the property and money owed, this is it! At the time of the court date, the Writ of Restitution is issued. This is what allows the Sheriff’s deputy or police officer to evict the tenant of a property. This document MUST be served by the Sheriff/Sheriff's Deputy before an eviction can take place.

4. A minimum of 48 hours must pass after the Writ of Restitution is issued before the tenant can be evicted. At the time of the eviction, the tenant will have 1.5 hours to remove their belongings from the property. If there are no delays in the eviction process, a tenant could be evicted in as few as 10 days from the time the Three-day Notice is posted.

In Colorado, evictions are handled by the civil division/unit of your county's Sheriff's Office or Police Department. Below you'll find the specific contact information for the civil units of Adams, Arapahoe, Broomfield, Denver, Douglas, and Jefferson counties.

RESOURCES

http://www.coloradohousingconnects.org/eviction.html

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28

Arnie Clark · Answer

Great information by everyone. I am by no means an expert in this process and was a little over whelmed with having to even start this process. I wanted to start a conversation on this topic, which i am sure a lot of investors will eventually go through on their journey. Thanks everyone for your input i will be updating my word doc to include everyone's input. ~Arnie

Matt M. · Answer

I bought a property where the tenant wouldn't leave, and no one was sure on what kind of lease was in place, etc. As he had lived there for many years. I was advised by an attorney to use this form and consider him month to month. I was able to do cash for keys and get him out in 10 days, which was better than the alternative. I'm just saying that each situation is unique and the 3 day does not always apply.

Seth Levey · Answer

Colorado now requires a 10 day notice to pay or vacate. Signed into law May, 2019 by Polis.

Tom S. · Answer

Great write up, it took me about 30 days for my last eviction in Loveland. I had a lawyer take care of everything, I just showed up when the Sheriffs did. They went in weapons drawn with a K9 because the guy had a couple of warrants. Fun times.

Joseph Crandall · Answer

what if,

The sheriff instructs the movers to place the evicted tenants property just outside of the dwelling but not off the property because of a long driveway. The property is a single family home and there is a gate about 50ft from road. The total distance is over 200ft to the gate plus another 50 ft on the outside of the gate to the road? The sheriff said he had 24hrs to remove his personal property then it becomes abandoned. So can I lock the gate 24hrs after the sheriff leaves? If I do lock the gate after 24 hrs am I liable to the tenant for his personal property behind my gate if the sheriff said he had 24hrs.

Also the sheriff said before the movers started. leave anything attached to walls and floors. Does this include a automotive lift and other business type equipment that belonged to the tenant. I'm very perturbed by this tenant but my possesion judement which the tenant has appealed was 0 bond. He didn't owe rent. I just want my house back.

Linda Weygant · Answer

This guidance is for ending a tenancy with no fault - ie, you are just choosing not to renew their lease or tenancy for some reason. There's been no lease violation, etc.

For lease violations, a 3 day notice before filing for eviction is sufficient.

Matt M. · Answer

The 3 day cannot always be used:

https://www.courts.state.co.us/Forms/PDF/JDF%2097%20%20Notice%20to%20Quit.pdf

(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

• (a) A tenancy for one year or longer, ninety-one days;
• (b) A tenancy of six months or longer but less than a year, twenty-eight days;
• (c) A tenancy of one month or longer but less than six months, twenty-one days;
• (d) A tenancy of one week or longer but less than one month, or a tenancy at will, three days;
• (e) A tenancy for less than one week, one day.

I got a quote for $500 from an attorney to handle an eviction in Denver.

Linda Weygant · Answer

Just a few minor points, but otherwise this is a good write up of the process.

4. You must also mail registered/certified court forms to the tenants to arrive approx 5 days prior to the court date.

This is only true if you don't get them personally served. If you personally serve them, you don't have to mail.

5. Go to court. This is where you need to prove your case only if the tenant shows up. Generally they don't and you win by default through the clerk. You never even see the judge.

If the tenant doesn't show up or if they show up, but do not file an answer or counterclaim, this is true. If the tenant files an answer or counterclaim, then the matter will be set for a hearing on another date. The dispute will not be heard that day.

6. The moment you win, you need to complete the following form: JDF 103 - Writ of Restitution

Not quite correct. The court prepares the Writ of Restitution. You have to go back to court to pick it up the next day.

7. Take the writ after validation at the courthouse directly to the Adam's Country Sheriff which is a couple miles from the courthouse.

When you go back to the courthouse to pick up the Writ, you can use the sheriff's office in the basement of the courthouse.

Notes on 8. If you show up without enough movers or boxes/bags (according to the sheriff), they will cancel and make you go through the rescheduling process again. When they call you, they will rattle off a bunch of information that includes the number of movers needed. I think it's so many movers per bedroom, but might be so many movers per square foot. Same with boxes/bags. Make sure you can take notes when they call because you will not remember everything they tell you. The sheriff's window is only 2 hours and if they deem that the process cannot be completed in 2 hours, they will cancel.

If your property is in an HOA, make sure you notify management that you are doing an eviction. Everybody will be annoyed at having stuff all over the HOA lawns. Make sure the HOA knows not to clean it up until it has been there the requisite amount of time. If you don't want the HOA to charge you for the cleanup, make sure you go back at hour 72 and do the cleanup yourself.

Don't forget to change out the locks.

If your tenant abandoned pets in the property, they are technically subject to the same 72 hour rule. Animal Control will not come and get them. Pets are property. It's ridiculous and nobody would leave a dog or cat or caged animal outside for 3 days. You can get around this by placing the pet outside with the other stuff and wait for the sheriff to leave at the end. At that point, neighbors can and do pick through the belongings and so if some stranger happens to get the pets and take them to your house or to the humane society, that's certainly not your fault. (I had to deal with a couple of fish tanks - that was a fun one!)

Great write up!

Linda Weygant · Answer

An uncontested eviction takes about 6 weeks. A contested eviction (where you win at the hearing) can take 8-9 weeks, depending on scheduling of the hearing. The sheriff's office is 90% of the backlog as their schedule is always full.

How to evict someone in ADAMS COUNTY, Colorado Updated 2018

How to evict someone in ADAMS COUNTY, Colorado Updated 2018

1. The Three-day Notice informs the tenant that they are being asked to leave the property and why. This notice can be given in person or posted on the door of the property, and also may be called a Notice to Quit, Notice to Vacate, or Demand for Compliance.

2. The Summons, Complaint and Answer is found in the F.E.D. This document informs the tenant that there is a court hearing regarding the eviction. The F.E.D. must be personally served or posted by an uninterested third party (e.g. NOT the landlord or property manager).

In Colorado, evictions are handled by the civil division/unit of your county's Sheriff's Office or Police Department. Below you'll find the specific contact information for the civil units of Adams, Arapahoe, Broomfield, Denver, Douglas, and Jefferson counties.

Most Popular Reply

12 Replies