My landlord changed the door lock on me after being 7 days…

Colorado, evictions are called "Forcible Entry and Detainer" actions. Colorado landlords can evict any tenant as long as they go through the process of eviction and follow Colorado law. Landlords may want to force out tenants who are not paying rent or are otherwise breaching the lease, but it is illegal to resort to self-help methods.

Available Colorado Termination Notices

Colorado landlords must terminate tenancies before filing for eviction. Common reasons for terminating tenancies are failure to pay rent and breach of the lease (e.g. pets, noise). The notice requirement is very important and must be fulfilled before a landlord can file for eviction. In Colorado, the landlord should try to give the notice directly to the tenant. If the landlord cannot give the notice to the tenant, it should be posted conspicuously on the property, and a copy of the notice should be mailed as well.

To end a month-to-month tenancy, the landlord (or tenant) must give 30-days notice that the tenancy is ending. For fixed-term tenancies (one year, two year), Colorado allows for the following types of written termination notices:

Demand for Compliance or Right to Possession Notice: This is a 3-day notice. In Colorado, tenants have 3 days to pay their rent, remedy their breach of the lease, or move before a landlord may file for eviction (Colorado Rev. Stat. Sec. 13-40-101).

Notice to Quit: This is a 3-day notice. Colorado law allows landlords to terminate a tenancy without giving the tenant an option to cure the breach when the tenant has committed repeated or substantial violations of the lease (Colorado Rev. Stat. Sec. 13-40-107).

For more information on Colorado landlord tenant law, see this Boulder Landlord-Tenant Handbook.

Getting Help

Evictions in Colorado are handled by the County Civil Courts. Find your local county court at the Colorado Courts website. Eviction forms are available as well. While filling out an evictions form may seem like the easiest way to evict a problematic tenant, events do not always go as planned. If you are unsure of the termination and/or eviction process at any point, you might find it best to hire an experienced Colorado landlord tenant attorney. When speaking with an attorney, be sure to refer to Questions to Ask Your Colorado Evictions Lawyer below.

Self-Help Evictions in Colorado

It is illegal in Colorado for a landlord to remove a tenant without a court order. This means that a landlord cannot turn off utilities or lock a tenant out of the apartment without going through the eviction process. If a landlord resorts to self-help to evict a tenant, the tenant may be entitled under Colorado Rev. Stat. Sec. 13-40-123 to:

• Actual damages; and
• Attorney's fees (if provided for in lease).

Questions to Ask Your Colorado Evictions Lawyer

1. How many evictions cases have you handled?
2. How many were successful/unsuccessful?
3. How long will the eviction process take?
4. For tenants: How long do I have before I MUST move out?
5. For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
6. What do you charge?
7. For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?

Colorado law sets out specific rules and procedures for evicting tenants beginning with the landlord providing a written demand or Notice to Quit to terminate a lease agreement (see the Nolo articles Eviction Notices for Lease Violations in Colorado and Eviction Notices for Nonpayment of Rent in Colorado for details). In many cases, a tenant will move out after receiving an eviction notice, such as a three-day written demand for nonpayment of rent. But that is not always the case. After receiving an eviction notice from a landlord, a tenant may attempt to fight the eviction by making a defense argument at the eviction hearing in an attempt to stay in the rental property longer.

RELATED PRODUCTS

MORE

Every Airbnb Host's Tax Guide

Every Landlord's Guide to Finding Great Tenants

Every Landlord's Guide to Managing Property

Every Landlord's Legal Guide

This article summarizes defenses a tenant may use to stop or delay an eviction in Colorado, as well as key information landlords need to know before even starting the eviction process.

Reasons a Judge May Deny an Eviction in Colorado

Colorado landlord-tenant law eludes to defenses a tenant may raise which may prevent an eviction judgment from being entered by the judge. If, at an eviction hearing, the judge finds any of the following situations to be true, the judge may not enter a judgment in favor of the landlord (this means the judge will not make the tenant move out of the rental property when the landlord is trying to evict the tenant).

Retaliation

It is illegal for a landlord to evict a tenant in retaliation against the tenant’s attempt to enforce the tenant’s legal rights under the lease or rental agreement, or other laws – for example, if the tenant reported a health or safety violation to authorities, or exercised a lawful act, such as joining a tenant organization (Colo. Rev. Stat. § 38-12-509). See the Nolo article Colorado State Laws Prohibiting Retaliation for details.

Added Rules Not in Lease

If the landlord attempted to adopt a new rule or regulation concerning the conduct of the tenant and the use and enjoyment of the rental unit, and the tenant did not consent to the new policy in writing, a judge may deny an eviction for a tenant’s violation of the new rule. Examples of how a landlord may attempt to adopt a new rule or regulation include increasing the tenant’s monthly rent (without a provision in the lease allowing the landlord to do so), or requiring the tenant to perform certain maintenance or repairs (without having this responsibility agreed to in the lease or rental agreement).

Self-Help Eviction

Finally, a judge may deny a landlord’s request for an eviction of the tenant if the landlord used prohibited self-help measures like changing the locks on the rental property, or causing an interruption of heat, running water, hot water, electric, gas, or other essential services to the tenant in an effort to force the tenant to move out (Colo. Rev. Stat. § 38-2-510).

When Nonpayment of Rent May Be Legally Justified in Colorado

There may be situations when an action or inaction by the landlord excuses the tenant’s payment of rent under the law or by the terms of the lease or rental agreement – in which case, the landlord would not have grounds to evict the tenant. A tenant may file a counterclaim for damages to offset the rent due to the landlord because the rental property is not fit for living (Colo. Rev. Stat. § 38-12-507). Examples of an unfit rental unit include a rodent infestation, a leaking roof causing damage inside the rental property living space, a broken furnace during cold temperatures, or the shut off of utilities, such as water or electricity, that is not the fault of the tenant. See the Nolo article Colorado Tenant Rights to Withhold Rent for details.

What if the Tenant Asks for More Time?

The tenant may ask the judge for more time to prepare a defense or to hire an attorney. Colorado law provides that if either party requests a delay longer than five days, the court may require either of the parties to give bond or other security in an amount equal to the damage caused by the delay (Colo. Rev. Stat. § 13-40-114). For example, a judge may order a tenant to pay as security an amount equal to the rent lost to the landlord during the period of the delay.

Escrowed Rent

Any delay by the tenant in the eviction proceeding, past the five days prescribed by Colorado law, including the filing of a counterclaim, may result in months passing before the court rules on the eviction. In the case of long delays, a landlord may ask the court to order the tenant to pay the monthly rent to the court during the delay or stay of the proceedings. This type of escrowed rent prevents the tenant from living rent-free during the pendency of the lawsuit and can act as a bond or security, as discussed above.

Featured Landlord and Tenant Law Law Firms In Washington, PA CHANGE LOCATION

•  

  Leech Tishman Fuscaldo & Lampl, LLC
  • 4.8/5.0
  • 86%
  • ***-***-****
  • CONTACT

•  

  The Puskar Law Firm
  • no peer reviews
  • 100%
  • ***-***-****
  • CONTACT

CONTACT ALL

VIEW ALL 2 FIRMS ›

When to Hire a Lawyer

In many cases, landlords will want to hire an attorney, particularly if a tenant is not only fighting an eviction but also claiming damages against the landlord. If the tenant demands a trial, it will be important for the landlord to hire an attorney who can present evidence and question the landlord on the witness stand so the judge or jury is able to hear the landlord’s side of the facts.

Tenants who have questions about their eviction case or are dealing with a landlord who has already retained a lawyer, should also consider contacting a lawyer. A lawyer can handle the whole case or give the tenant advice on how to proceed. A lawyer can also let a tenant know how likely he or she is to win their case. Tenants may especially want to hire an attorney if they have a complicated case, or if they are confident of their case and their lease or rental agreement entitles them to attorney fees if they win in court.

hope that I have I answered your question. If any part of my response is unclear or you have a question, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do.
Please accept the answer or give my answer a 3-5 star rating at the top right of this question page and hit "Submit." That is the only way I get credit for my time replying to the inquiry as I am a practicing licensed attorney and not an employee of this website. I would really appreciate it
Please note: This information is for informational purposes only and is not legal advice or a substitute for hiring legal counsel to represent you. No attorney-client relationship or privilege has been formed as a result of this conversation and no confidentiality attaches to anything said here on a public website.​​​​​​