UNDERSTANDING EVICTION (F.E.D.)
ACTIONS
Materials developed by the16
th
Judicial District &
Colorado Legal Services
If you have questions and you are in Boulder County/ 20
th
Judicial District, please contact
the Boulder Court Self-Help Resource Center at (303) 441-4741 or email
BoulderCour[email protected].us
Our Goals
To educate community members about court
processes and provide resources for
improved access to the courts
Topics Covered Today
Navigating the Judicial System
general overview of how the eviction process works
Landlord / Tenant Basics
what to do and what not to do
return of security deposits
Questions / Answers
Not Covered In Today’s Presentation
Special rules for
evictions in a mobile
home park
Foreclosure evictions
Collection of a
money judgment
F.E.D. Explained
Forcible Entry and Detainer (F.E.D.), commonly known
as eviction, is legally removing someone from a
property, like a house or an apartment, because:
the landlord no longer wants to rent to the tenant;
the tenant is not paying rent; or
the tenant is not following the rules in a lease or rental
agreement.
Terminating a Tenancy
No eviction required
Tenant and landlord agree to a move-out date
voluntarily
Eviction required
Ending a tenancy with no definite end date
Termination due to violation of terms of lease
agreement or failure to pay rent
Eviction: The Wrong Way
Landlord CANNOT simply lockout
a tenant or turn off heat,
electricity, water or other utilities
Called a constructive eviction, and
it is a violation of the tenant’s
rights
May result in liability on the part
of the landlord for tenant’s
damages
Landlord CANNOT simply call the
Sheriff to come and remove a
tenant
Sheriff’s office will not assist in
removing a tenant without a court
order directing them to do so
Beginning The Eviction Process
The eviction process
always begins with written
notice to the
tenants/occupants
the type and length of
notice may depend on the
reasons for the eviction
and type of tenancy
Form notices available on
courts website:
www.courts.state.co.us
Click on “Self Help/Forms”,
then “All Court Forms &
Instructions” then “Evictions
& Foreclosures”
Demand for Compliance or Right to
Possession
Non-Payment of Rent
Identifies amount of
rent owed and dates
for which rent was not
paid
Gives tenant 3 days to
leave property OR
comply by paying rent
owed
Minor Violation
Clearly identifies the
provisions of lease that
were violated
Gives tenant 3 days to
leave property OR
comply by curing lease
violation
Demand for Compliance or Right to
Possession
Notice to Quit
Landlord wants to
terminate the tenancy at
the end of term—no
reason is necessary
Length of notice
depends on term of
tenancy—see C.R.S.
§13-40-107
Notice period calculated
from end of term (e.g. 7
days from end of month)
Notice to Quit
Clearly indicates the
provision/term of lease
violated
Must have given previous
notice for same violation
Tenant has 3 days to leave
property
Does not give tenant the
opportunity to cure by
complying with term of lease
Tenant has 3 days to leave
property
Does not give tenant
opportunity to cure violation
Notice must indicate violation
and must fall within statutory
definition of “substantial
violation”
There are some exceptions—
e.g. for victims of Domestic
Violence (can still evict
offender)
Repeat Minor Violation Substantial Violation
“Substantial Violation”
Refers to an action by the tenant or a guest or
invitee of the tenant that occurs on or near the
property and:
Endangers the person or willfully and substantially
endangers the property of landlord, co-tenant or
person living on or near premises;
Is a violent or drug-related felony; or
Is declared a public nuisance and carries a potential
sentence of 180 days or more.
See C.R.S. § 13-40-107.5
Notice to Quit
Service of Notice
Without proper
service of notice to
tenant, the case cannot
move forward
Who Must Be Served?
Service should be
completed on every
adult named on the
lease or known to be
living in the rental, as
well as any unknown
occupants
If an occupant of the
rental is not served,
the eviction will not
apply to that person
Who Completes Service?
Service must be completed by:
the Sheriff's Department;
a private process server; or
someone at least 18 years old who is not involved in
the case and is familiar with the rules of service.
Steps in Giving Notice
1) Service of Notice—Notice must be hand delivered to tenant or posted in
conspicuous place on property.
Note: Not required to use sheriff/process server, but may be
best.
2) Wait notice period—Starts on day after notice posted and cannot end on a
Saturday, Sunday or holiday (will run to next business day).
3)a. Tenant gets out or
complies—end of
process.
3)b. Tenant does not leave
property—start an FED
(eviction) case with the
court.
OR
Service Options
This form of service requires
that the eviction paperwork is
handed directly to:
the renter;
the renter’s employer at the
renter’s usual workplace; or
a member of the renter’s
family who is at least 18
years old and is at the rental
at the time of service.
This form of service
requires the person
completing service to post
the papers:
on the door to the main
entrance of the
property; or
a place at the rental that
is easily seen.
Personal Service Posting
After Notice
If the tenant has not
moved out or fixed the
violation indicated on
the notice, the landlord
may then file a
Complaint in Court
Who Can File A Complaint?
The action must be filed by a
“person in interest,” which is
generally limited to the
property owner
Property managers are not
persons in interest
The general rule is that
corporations and other entities
must be represented by an
attorney in court cases—
C.R.S. § 12-5-101
There is an exception for
“closely-held entities” with no
more than 3 owners—C.R.S.
§13-1-127
Required Forms
Complaint (Form JDF 99)
Attach copy of written lease, if any
Attach copy of Notice served on tenant
Summons (Form CRCCP 1A)
If you are not represented by an attorney, complete the
top portion only and the clerk will fill in the rest when you
file
The clerk will give you a hearing date that should be
between 7 and 14 days from the day you file
Answer (Form CRCCP 3)
Leave this blank and include with the documents served on
the tenant
Filing Fee
The filing fee in an
F.E.D. action is $97.00
If you feel like you
cannot afford this fee,
you can file a Motion
to File Informa
Pauperis (MIFP) to
request that your filing
fees be waived or a
payment plan be set
up
Service of Summons and Complaint
Without proper
service of Summons
and Complaint, the
case cannot move
forward
Who Completes Service?
Service must be completed by:
the Sheriff's Department;
a private process server; or
someone at least 18 years old who is not involved in
the case and is familiar with the rules of service.
Service Options
This form of service requires
that the eviction paperwork is
handed directly to:
the renter;
the renter’s employer at the
renter’s usual workplace; or
a member of the renter’s
family who is at least 18 years
old and is at the rental at the
time of service.
NOTE: Personal service is
required for money judgments
for past due rent or damages.
This form of service requires the person
completing service to post the papers:
on the door to the main entrance of the
property; or
a place at the rental that is easily seen.
Then, before the end of the next
business day, the landlord must:
mail a copy of the paperwork to each
defendant by postage prepaid, first
class mail; and
complete the Certificate of Mailing on
page two of the Summons and give a
copy of the form to the Court.
NOTE: Unknown other occupants must be
served by posting and mailing.
Personal Service Posting and Mailing
Before Court
Explore Settlement Options
If the landlord and tenant
come to an agreement, the
parties can file a Stipulation
(written agreement signed by
parties) with the court and ask
to vacate the hearing
Prepare For Trial
Organize photos, documents,
receipts, etc., and be prepared
to provide copies to the court
and the other party
Arrange for any witnesses to
be available to testify (letters
from witnesses will most likely
not be admitted in lieu of in
person testimony)
Burden of Proof
The plaintiff will have
the burden of proof
Should be prepared to
prove damages with
before and after pictures,
checklists, etc.
Tenants can use before
and after pictures,
checklists, etc., to argue
against alleged
damages as well
Tenant’s Answer
Tenant may file an
Answer to the Complaint
on or before the court
date
Answer may contain
defense to the landlord’s
Complaint that the
landlord will need to
address in court
Answer may contain a
counterclaim against the
landlord
Potential Defenses
Did not receive/inadequate Notice or
improper service of Notice
Improper service of Summons and
Complaint
Tenant paid rent or cured violation within
the Notice period
Tenant tried to pay rent within the Notice
period, but landlord refused payment
Landlord agreed to accept late rent
payment or accept work in trade for rent
Tenant used rent money to repair
premises and deducted cost from rent
after giving notice to landlord of repairs
needed and landlord fails to make
repairs
Tenant physically or mentally disabled
and unable to pay rent due to disability
Landlord accepted rent after lease
violation occurred and/or notice given
No lease violation or failure to pay rent
occurred
Eviction for substantial violation—actions
do not meet requirements of “substantial
violation”
Eviction for substantial violation—victim
of domestic violence
Person responsible for lease violation or
substantial violation not tenant or
guest/invitee of tenant and no way
tenant could have known in advance
person would commit the acts
Landlord evicting tenant in retaliation for
tenant making report to government
about landlord or property
Eviction due to unlawful discrimination
After The Trial
Judge orders possession of the
property returned to the
landlord and gives the tenant
time, not less than 48 hours, to
leave
After 48 hours, the landlord can
ask the court to issue a Writ of
Restitution (form JDF 103)
The Writ of Restitution directs the
Sheriff to assist the landlord in
forcibly removing the tenant from
the property
Judge enters a judgment in your favor for
back rent, damages, etc.
May be an additional hearing on
damages after possession returned to
landlord
Court costs usually awarded to prevailing
party—whether attorney fees awarded
depends on terms of your lease
agreement
Can collect like any other money
judgment, but it is your responsibility—
the court does not do this for you
For more information see Form JDF 82 on
the Courts website
Order for Possession Money Judgment
Forcible Removal
If the court issues a Writ of Restitution, the landlord must
make arrangements with the Sheriff’s office to execute the
Writ
The Sheriff’s office will supervise, but likely will not
participate in, physically removing any of tenant’s
belongings from property
It is the landlord’s responsibility to make arrangements to have
someone physically move the belongings
The landlord (or someone under the landlord’s direction) can
legally move the tenant’s belongings as far as the street
with no further obligation—
if the landlord undertakes to store the possessions, he or she may
be taking on additional obligations/liabilities
Security Deposit
Landlord can retain all or a
portion of the deposit only
for:
Unpaid rent;
Unpaid utilities (if agreed
that it was tenant’s
responsibility to pay); and
Damage beyond “normal
wear and tear”
“Normal wear and tear”
means that deterioration
which occurs, based upon the
use for which the rental unit is
intended, without:
negligence,
carelessness,
accident, or
abuse of the premises or
equipment or chattels by the
tenant or members of his
household, or their invitees or
guests.
C.R.S. § 38-12-102(1)
Security Deposit (Continued)
IF the landlord fails to timely return deposit or
provide accounting and fails to respond to a demand
letter from tenant
THEN the landlord forfeits the right to retain
any of the security deposit for damages and may end up
owing the tenant triple the amount of the security deposit
plus attorney fees
See C.R.S. § 38-12-103(2), (3)
