Please Note: The CDC’s national eviction moratorium has been extended to October 3rd for counties with high levels of community transmission.
Eviction, or involuntary termination of a lease, is a situation no landlord or tenant ever wants to face. Unfortunately, sometimes the relationship deteriorates to the point where it’s the only option that remains— and when that happens, you’ll want to make sure you have a thorough understanding of the legal ins and outs of the eviction process so you can be sure you’re doing it right.
For tenants facing the eviction process in Denver due to reduced income, the Denver Department of Housing Stability has resources to assist you. You may qualify for up to 15 months of rental assistance; you can read more at their site.
Beginning the Eviction Process in Denver
When starting the eviction process in Denver, landlords must follow due legal process in order to treat the tenant fairly and avoid liability or legal infraction. In Denver, only court-ordered evictions may be enforced, and are done so by the sheriff (never by the landlord, even if they have been granted the court order). Failure to follow these procedures can cause the court to dismiss the eviction suit, requiring the landlord to begin the process all over again.
A full explanation of the eviction process in Denver is given in this Denver The Mile High City Brochure, however we will give the broad strokes below. Nevertheless, we do encourage you to read the brochure in full and contact an attorney with any legal questions.
The first step in the eviction process in Denver is to post notice of the intention to evict, and grant the tenant some notice to pay back rent (or otherwise address the lease violation) or vacate the property. Typically, ten days’ notice is given, but for repeat or serious infractions a Notice To Quit may be delivered, which does not offer the tenant the option to address the infraction. If the tenant does not respond to the notice in the desired manner or dispute the eviction before a judge within the time frame given, then the eviction suit may proceed.
Note: A landlord may not deny the tenant access to the property, change the locks, or remove their possessions without a court order.
When the landlord files the eviction case with the court, they must also serve the tenant with a copy of the complaint and the court summons. On the court date, either the tenant and landlord must reach an agreement or the case will proceed to trial. If the tenant doesn’t show up for the court date or if the judge grants the court order for the eviction to proceed, the landlord will contact the sheriff to oversee the eviction.
What to Consider and How to Protect Yourself
Two things to consider before beginning the eviction process in Denver are money and time. Evictions can take over three months to complete, depending on the case, and typically involve legal fees, labor costs, and sheriff’s fees. Arbitration can help you on both fronts, potentially allowing you and your tenant to reach an agreement quickly without needing to involve the court.
In an ideal world you won’t have to evict anyone. However, there are no guarantees, but you can protect yourself in several ways. The most effective way is by consistently and thoroughly screening all your tenants before they sign the lease. Verifying their income, checking their past tenant references and personal references, and running a consumer report on them can all help you select the best tenants for your property.
How All County Denver Metro Can Help
Eviction is a nasty process, but having an experienced property management company on your side can help smooth the way. All County Denver Metro Property Management is here to help property owners get the best return on their investment through knowledgeable and trustworthy property management services. From managing tenant relationships to lease enforcement, we look forward to working with you to see how your investment can be a long-term, stress-free asset. For a complimentary quote, call us today at (720) 664-4550.