Breaking the Terms of your Lease

There are several reasons why a Landlord can file an Eviction. These reasons can include but are not limited to:

Failure to Pay Rent When Due

❖ having too many people living in the rental

❖ having pets when the Lease prohibits them

❖ using the rental for a business when the

Lease allows only for residential use

❖ illegal activity

Expiration of the Lease

Once your Lease has expired the Landlord has

the option of not renewing it for a new term.

My Landlord served me with paperwork to evict me

What are my options?

Contact your Landlord to see if you

can work out an agreement

(Stipulation)

File an Answer with the Court and

mail a copy to the other party

Do nothing - the Landlord can request a Motion for

Default Judgment and ask the Judge grant an

Eviction

Stage 5

Stage 4

Stage 3

Stage 2

Stage 1Stage 1

Stage 2

Stage 3Stage 4

Stage 5

Be prepared to go to Trial

Trial

Received a Summons and Complaint to appear in

Court

Served

Received an eviction notice telling you to pay,

comply with your Lease, or to move

Notice

Trial and Judgment - the Court Ruled that you can

be evicted and issued an Order and Judgment

Judgment / Order from Court

Decide what to do, move or go to Court andfile an Answer with the Court

Decide

STEP 05

AFTER TRIAL ~ JUDGMENT

STEP 04

TRIAL

RECEIVED A NOTICEThe Landlord gave me a Notice

What happens now

TRIAL

What should I expect

What Happens now

AFTER TRIAL -JUDGMENT

DECIDE WHAT TO DO

If you disagree with the Eviction notice, it is important that you respond in writing to the Court in a timely manner. If you agree, you may want to prepare to move out.

STEP 03

DECIDE WHAT TO

DO

STEP 02

SERVED WITH A COMPLAINT

AND SUMMONS

SERVED WITH A COMPLAINT AND SUMMONS

If you have not done what the eviction notice asks by the time the notice runs out, the Landlord must file papers in Court to get the case started. The Landlord will file a Summons and Complaint for an unlawful detainer (eviction) at the Court.

STEP 1

RECEIVED A NOTICE

FROM THE LANDLORD

RECEIVED A NOTICE

STEP 01

RECEIVED A NOTICE

For a Landlord to evict you

legally, they have to give you a

notice to move out or give you

a chance to fix the problem

(like paying the rent).

If you do not do what the

notice asks before the time in

the notice runs out, the

Landlord can file an eviction

case.

Decide How to Respond to the Eviction Notice

Once a Landlord gives you notice, you can:

Do what the notice asks within the time allowed,

Try to reach an agreement with the Landlord.

Not do what the notice asks, or

If you do not do what the notice asks, the Landlord can file an unlawful detainer case in Court to evict you and collect back rent. If you do what the notice requires (like pay the back rent in full), then the Landlord cannot file an unlawful detainer case.

If the Landlord does not wait until the notice period runs out to file the eviction case in Court, you can ask the Court to dismiss the case.

To count the days in the notice period:

• The first day is the day after the notice is served.

• Then count every day on the calendar. Do not count Saturdays, Sundays, or Court holidays.

• If the Landlord does not serve the notice in person and has to mail a second copy, the notice is not considered served the day of mailing of the second copy. The next day, the notice period starts running.

How the Landlord Gives You Notice

There are 3 ways for the Landlord to serve you with the notice:Personal service: The Landlord or someone else gives the notice directly to you, in person.Substituted service: If you are not home or at work, the Landlord can leave the notice with a competent member of the household where you live or someone in charge where you work AND then mail a second copy to you at the address where the papers were left.Posting and mailing ("nail and mail") service: If there is no one home to leave the papers with, the Landlord can tape or nail the notice to the front door or somewhere where it can be seen easily and send a copy by mail to you at the property.

Notice to Quit ~~ Demand for Compliance

For a Landlord to evict you legally, they must give you a notice to move out or give you a chance to fix the problem (like paying the

rent). If you do not do what the notice asks before the time in the notice runs out, the Landlord can file an eviction case with the

Court.

Types of Notices

There are different types of notices, used for different reasons and with different requirements. Look at your notice to find out what type of notice you received.➢ Notice to Quit➢ Demand for Rent or Possession➢ Demand for Compliance or Possession- Minor Lease Violation➢ Notice to Quit- Repeat Minor Violation➢ Notice to Quit – Substantial Violation

less than one week

1 Day

Longer than a week and less than a Month

3 Days

Longer than 1 Month and less than 6

months

7 Days

Six months to one year

28 Days

One Year or longer

91 Days

A Notice to Quit is notification to leave the premises on a date specified on the notice. The Landlord uses this notice when they are trying to get someone to leave the property that does not have a Lease or

rental agreement, their rental period has ended, or the Landlord just wants them out.

If you are being evicted for reasons other than non-payment of rent or for substantial Lease violations, then the Landlord is required to give more than a 10-day notice.

Because the notice does not provide terms to comply with, the Notice to Quit tells the Tenant there is nothing to negotiate and that you need to leave by the date on the notice.

YOU HAVE BEEN A TENANT FOR…

YOU SHOULD RECEIVE THIS MUCH TIME TO

MOVE

If you are being evicted. based on a

violation of a written or verbal Lease, you

may receive the Demand for Compliance

If you are being evicted for reasons other than

non-payment of rent or for substantial Lease

violations, then you may have more than 10 days to vacate and may receive a

Notice to Quit with a timeline to vacate

If you comply with the demands made, then the

matter is resolved and goes no further.

If you do not comply you may receive a Complaint

for Eviction

A Demand for Compliance gives the

Tenant 10 days from the date the notice is served

or posted to either comply with the terms

given in the notice, or to vacate the Property.

DAY

3If you comply with this

Notice and new violations occur, you will need to be

served with a new Demand for Compliance for the new violations

SERVED WITH A COMPLAINT AND SUMMONS

If you have not done what theeviction notice asks by the time thenotice runs out, the Landlord mayfile papers in Court to get the casestarted. The Landlord will filea Summons and Complaint for anunlawful detainer (eviction) at theCourt.

STEP 02

SERVED WITH A COMPLAINT AND SUMMONS

READ YOUR PAPERS CAREFULLY

SERVICE OF THE SUMMONS

APPEAR FOR THE COURT DATE LISTED ON THE SUMMONS

Service of Summons and Complaint➢ You must receive these at least 7 days before the Court date

given on the Summons➢ These can be handed to you or a family member or posted on

your door and mailed to you.

The papers you are served will contain:aA Summons aInformation for EvictionsaA Complaint aMotion to waive Court feesaAn Answer form aRequest for documents

The date on your Summons is your date to file an Answer with the Court explaining why you shouldn’t be evicted. If you reach an agreement with the Landlord, you may also file a Stipulation (agreement) with the Court on this date.

STEP 03

DECIDE WHAT TO DO?

If you disagree with the Eviction notice, it is important that you

respond in writing to the Court in a timely manner.

DECIDE WHAT TO DO? SHOULD I MOVE OR GO TO COURT

WHEN DO I FILE MY ANSWER

You must go to Court on the date that is on the Summons you received from the Landlord; this is your “Answer date.”

In Court, you must either sign and file an agreement (Stipulation) or file an Answer with the Court clerk.

If you don’t do this, a “default judgment” will enter against you, allowing your Landlord to have the sheriff evict you as soon as 48 hours later

BE PREPARED TO FILE AN ANSWER WITH THE COURT

You should have received an Answer form with the packet you were served with including your copy of the Summons and Complaint. You would fill this out and make a copy. File it with the Clerk of Court and provide a copy to the Landlord.

WHAT IS THE PURPOSE OF THE ANSWER

Purpose: ➢ Respond to the Landlord’s reasons for evicting you as stated in the Complaint➢ Tell the Landlord and the Judge why you should not be evicted (your defenses).

To file an Answer, there is a filing fee, but you can ask the Court to waive the filing fee if you can’t afford to pay it. A Motion should have been included in the packet you received from the LandlordGive a copy of your Answer to the Landlord when you go to Court

You can find the forms on the state websitewww.Courts.state.co.us

2

The Date and Time on your Summons is the

date your Answer is due to be filed with the Court

Be sure to bring a copy of the Answer for your

Landlord

3

CourtArrive on time and go

to your Division – you

can find this on your

Complaint Pay the

filing fee and File

your Answer with the

Clerk of Court

1CRCCP 3

AnswerAnswer in Forcible Entry and Detainer

Fill this in completely and sign

4

After CourtIf the Judge agrees with

the Landlord you should

prepare to move within

72 hours If the Judge

rules in your favor they

will give you direction

STEP 04

TRIALWhat should I

expect at the Trial

TRIALDURING YOUR TRIAL

EXHIBITS

Receipt Estimate

If you have additional documents to present as Exhibits to the Court such as receipts, estimates, pictures of the Property, etc., bring them with you to the Hearing.

If you are presenting Exhibits to the Court, you will need to bring a copy to give to the Landlord. Anything you file with the Court must also be provided to the other party.

The Judge will listen to both sides and make a decision based on the information provided by both parties. They could decide in your favor and determine you have not violated the terms or they could rule for the Landlord and enter a Judgment against you

HOW SHOULD I PREPAREPrior to trial- Get together any documents that you need for Court

▪ your Lease agreement ▪ receipts for rent or proof of rent payments▪ other documents that you need to support your case

(NOTE: If the document was written by someone other than yourself or the Landlord, you may need that person to be a witness regarding the document.)

▪ Write the facts down on paper before trial to make sure you can explain yourself clearly and simply

to the Judge

▪ Write down questions for your Landlord and his witnesses before Trial, bring them to Court..

▪ Your responsibilities:

Prepare written questions for the Landlord and Landlord’s witnesses before trial

Testify and present your case

▪ Keep the facts as simple as possible

▪ Questions should be related to what Landlord said and what you wrote in your answer

▪ Use evidence whenever possible

The Landlord can then question you and any of your witnesses

STEP 05

STEP 06

AFTER THE TRIAL

WHAT HAPPENS NOW

AFTER THE TRIAL

JUDGMENT

YOUR OPTIONS AFTER LOSING THE TRIAL

A Writ of Restitution is an order for the Sheriff's Department to oversee the removal of your belongings from the Property by the Landlord

Pack and get your things out as soon as possible!!!

Once the sheriff comes, they will put you and your things out

on the street and you will lose them!

Try to talk to your Landlord and get him/her to agree to let you stay longer. If the Landlord does, make sure you write the agreement down, both sign it, and file it with the Court that entered the eviction order.

If you think the eviction is not legal, you can try to get it set aside or appeal it.

EVICTION 101 IN REVIEW

• Your Landlord must give you a 10-day notice, unless your Lease is already up

• Once you get the notice, you have 10 days to pay rent, fix the Lease violation, etc.

• Your Landlord can file an eviction case against you by giving you a Summons and Complaint

• You must file an answer by the deadline in the Summons to try to prevent eviction

• If you file on time, the Court will set a date for trial within 7 to 14 days.

• If you win- you can stay in your home• If you lose- you have a minimum of 48 hours before the sheriff can

evict you

If the Judge rules that you need to move, typicallyyou will be given 48 hours from the date of theHearing to leave the Property. If you have notvacated within that time, the Landlord can have aWrit of Restitution issued by the Court.

This Process can happen any time once the Writ ofRestitution is issued, the time frame will dependon when the Sheriff is available

A Writ of Restitution is an order for the Sheriff's Department to oversee

the removal of your belongings from the Property by the Landlord

• The Caption

• Fill it in completely and clearly with parties names, etc.

• Defenses 1

• List yourself as Defendant

• Owe Money- List reasons why you don’t owe in 1st section

• Violated Lease- List reasons why you didn’t violate in 2nd section

Completing an Answer Step-by-Step

Counterclaims 2

• If you have a claim against your Landlord, write your name as Defendant and describe the claim

Cross-Claims 3

• If you have a claim against another party who is responsible for the claim currently against you, check the box, write your name as Defendant, list their name as additional Defendant, and describe the claim

Completing an Answer Step-by-Step (Cont’d)

Jurisdiction 4

• If you made a counterclaim less than $25,000, check the 1st box

• If you made a counterclaim that you are willing to accept less than $25,000 for, check the 2nd box

• If you made a counterclaim for more than $25,000, check the 3rd

box

Step-by-Step (Continued)

Jury Trial 5

• Check the box if you want a jury trial. You will have to pay an extra fee unless you receive a fee waiver

Signature, Address, Phone Number

• Sign on the line marked “Signature of Defendant(s),”write your current address and phone number

Step-by-Step (Continued)

• Certificate of Mailing

• Write plaintiff or plaintiff’s attorney’s name, plaintiff or plaintiff’s attorney’s address, and the date

• Sign on line for “Defendant(s) or Attorney for Defendant(s) signature”

Step-by-Step (Continued)

Filed an Answer or Signed a Stipulation

If you signed a Stipulation, your case is over as long as the terms are followed.

If you filed an Answer, you may get a Trial date. The Judge will review and determine if it’s necessary based on your Answer.

EXHIBITS

Any evidence that you wish to present to the Court to prove your claim will need to be filed as an exhibit.

Examples of Exhibits are

documents such as photographs,

charts, and receipts.

If you have more than one exhibit, it is best to organize and label all Exhibits.

Exhibits are labeled by letter; Exhibit A, Exhibit B, etc.

RELEVENT STATUTES 13-40-1111. Issuance and return of Summons.

(1)Upon filing the Complaint as required in section 13-40-110, the clerk of the Court or the attorney for the plaintiff shall issue a Summons. The Summons mustcommand the Defendant to appear before the Court at a place named in the Summons and at a time and on a day not less than seven days but not more thanfourteen days from the day of issuing the same to answer the Complaint of CRCCP Form 1A -Court Summons: Eviction / Forcible Entry and Detainer R: 10/21Page 5 of 5 Plaintiff. The Summons must also contain a statement addressed to the Defendant stating: "If you do not respond to the Landlord's Complaint byfiling a written answer with the Court on or before the date and time in this Summons or appearing in Court at the date and time in this Summons, the judgemay enter a default judgment against you in favor of your Landlord for possession. A default judgment for possession means that you will have to move out,and it may mean that you will have to pay money to the Landlord. In your answer to the Court, you can state why you believe you have a right to remain in theproperty, whether you admit or deny the Landlord's factual allegations against you, and whether you believe you were given proper notice of the Landlord'sreasons for terminating your tenancy before you got this Summons. When you file your answer, you must pay a filing fee to the clerk of the Court. If you areclaiming that the Landlord's failure to repair a residential premises is a defense to the Landlord's allegation of nonpayment of rent, the Court will require youto pay into the registry of the Court, at the time of filing your answer, the rent due less any expenses you have incurred based upon the Landlord's failure torepair the residential premises; unless the Court determines that you qualify to have this requirement waived due to your income." 13-40-112.

2. Service.

(1) Such Summons may be served by personal service as in any civil action. A copy of the Complaint must be served with the Summons.

(2) If personal service cannot be had upon the Defendant by a person qualified under the Colorado Rules of Civil Procedure to serve process, after having madediligent effort to make such personal service, such person may make service by posting a copy of the Summons and the Complaint in some conspicuous placeupon the premises. In addition, thereto, the Plaintiff shall mail, no later than the next day following the day on which he/she files the Complaint, a copy of theSummons, or, in the event that an alias Summons is issued, a copy of the alias Summons, and a copy of the Complaint to the Defendant at the premises bypostage prepaid, first-class mail.

(3) Personal service or service by posting shall be made at least seven days before the day for appearance specified in such Summons, and the time andmanner of such service shall be endorsed upon such Summons by the person making service thereof.

Exhibits can be filed before or during your Hearing.

Remember, anything you file with the Court regarding your case must also be provided to the

other party.

Make copies of the Exhibits for the Court and for the other party. If the Court makes copies for you,

copy fees will be assessed.