I'd treat it in the eviction as an "in the alternative."
The complaint can have a section where it says, if the court treats this as commercial property, here's what we are arguing and what we want.
In the alternative, if the court treats this as residential, here's what we are arguing and what we want.
Naturally, if there is a significant difference for you between it being residential or commercial, you'd want to let the judge know in what you write up which one you're asking him or her to call it.
However, I searched the CO statutes and the only distinction I can find is between house/apartments and mobile home parks. I don't see a special eviction procedure for commercial.
As you know, I can't give you advice on what's the better course, because that would be legal advice. But what I told you gives you both alternatives in one package.
Link to state statutes: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=
As you may know, many courts sell the packet of forms needed for an eviction, or even provide them for free online.
Here is a good starting place to look for free forms and instructions: http://www.coloradosupremecourt.com/
Here are the eviction instructions I found: http://www.courts.state.co.us/Forms/PDF/JDF%20100%20FED%20Instructions.pdf
Here are what appear to be the eviction forms: http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/28
I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.
Bonuses of even a few dollars are much appreciated.
I REALLY appreciate POSITIVE FEEDBACK!
Jane Doe Deer