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What Happens During an Eviction?

February 5, 2019

In the state of Colorado, evictions are sometimes called “forcible entry and detainer”. Being a landlord, we must meticulously read and follow all of the laws, rules, and any procedures set by the state of Colorado during the event an eviction must take place. If you do anything wrong, you can be denied the eviction, or even face fines.


The biggest mistake you can do is a self-eviction – they’re illegal in Colorado.  You can’t change the locks, cut off water or electricity, or take out the tenant’s things. Obviously, you also can’t threaten a tenant.


As a Denver based property management company, that is also full service, we know a lot about this process. Although we’ve never had to conduct our own evictions, we are prepared should the situation come about, with an attorney on our team and the knowledge of what we need to do to take care of the eviction in the best interest of our owners!


In Colorado you must have a legal reason to evict a tenant. If you don’t, you must wait until their lease is over. If the renter doesn’t move out after the lease expires, you can then file an eviction and move forward. This is called a holdover tenant, something you don’t want!


In order to serve an eviction notice, due process must be followed or you risk being fined and your eviction being denied, allowing the tenant to stay at the property until the lease is over, and you may end up paying any court fees on their behalf as well.


In order to serve an eviction properly as your property management company, we will either:

  • Provide the notice to a tenant’s family member who is over the age of 16
  • Deliver the documents to the tenants work place and leave with them or their secretary
  • Leave it in a conspicuous place on the property if the renter isn’t present
  • By delivering it to the renter in person.

You can proceed with the formal eviction procedure if the tenant fails to act on the notice, the different forms we will file out in the Colorado clerk’s office are:

  • Form 3
  • Form 1A
  • JDF 99

Which are the answering forms, under simplified civil procedure, summons in forcible entry and unlawful detainer, or the complaint in forcible entry and detainer.


When it comes to setting up a court date, as your full-service property manager, we’re able to attend court for you on your behalf, making it easy to continue to live your day to day life. Once we file them, the court clerk will give us a court date. Typically, that court date is around 5010 days after an eviction lawsuit has been filed. Next, we’ll serve the lawsuit to the renter. We will either have our attorney or have the sheriff do it. While we wait for the court date, we’ll gather as much evidence against the tenant as we can! We will have a copy of the lease, a copy of the 3- day notice to quit, and proof that the proper procedure was followed.


On the day of the eviction proceeding in court, if the tenant doesn’t show up, we win by default. The judge could also award you any monetary damages as well as award you with a possession judgement, which allows the eviction to move forward. If the tenant does show up, the judge will give each party an opportunity to present their case.


Tenant eviction defenses could include:


  • The eviction is in retaliation
  • The landlord failed to keep the common areas safe
  • The allegations are false
  • The eviction is based on discrimination
  • The landlord failed to keep the property in habitable conditions

With a possession judgement in favor of us, the tenant is to vacate the property in 48 hours. If the tenant chooses to appeal the eviction, they need to file within two weeks after the judgment is handed down. In order for them to file an appeal, however, they’ll need to pay an appeal bond, which is the same amount as their rent. If the tenant doesn’t leave, we will go back and file for a Writ of Restitution. This is what allows the police department to forcibly go in to the property and evict the tenant. After this is issued, the tenant has 24 hours to move out or the sheriff will enter the property. At this point, the eviction and any liability is out of our hands, and we can trust that the police department will handle things fairly and reasonably.


As far as personal belongings go, there may be things left behind. Under Colorado eviction laws, the property left behind is considered abandoned – this is different from other states where we would be required to contact the tenant, but not here!


If we do choose to store the property until the tenant claims it, Colorado rental law allows us to demand the cost of storage. We aren’t held liable for any damage, either. From there, we make sure the property is in good rental condition, and put it back up on the market to find the ideal tenant!

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Spring Maintenance Checklist for Rental Properties

By Masters Real Estate • April 10, 2025
As the days get longer and temperatures start to rise, spring is the perfect time to give your rental properties a much-needed refresh. After a long winter, a thorough inspection and maintenance routine not only keeps your property in top shape but also helps prevent costly repairs down the line. Whether you're a seasoned landlord or managing your first rental, here’s a spring maintenance checklist to help keep your investment—and your tenants—happy. Masters Real Estate does regular property inspections to ensure all of these items are taken care of in order to protect our clients investments. ✅ 1. Inspect the Roof and Gutters Winter can be harsh on roofing materials. Look for missing shingles, signs of leaks, or storm damage. Don’t forget to clean out gutters and downspouts to ensure proper drainage and prevent water damage. ✅ 2. Service the HVAC System Before temperatures soar, schedule a professional HVAC inspection and tune-up. Change air filters and check for any issues that could affect performance or energy efficiency—this keeps your tenants comfortable and reduces utility complaints. ✅ 3. Test Smoke and Carbon Monoxide Detectors Safety first! Spring is a good reminder to test and replace batteries in smoke and carbon monoxide detectors. It’s a small step that can save lives and protect your property. ✅ 4. Check for Pest Issues Rising temperatures mean increased pest activity. Look for signs of rodents, termites, or ants—especially in basements, attics, and around the foundation. Consider scheduling a pest control service as a preventative measure. ✅ 5. Inspect Windows and Doors Examine seals, caulking, and weather stripping. Not only can worn-out seals drive up heating and cooling costs, but they also make the property less secure and more susceptible to moisture damage. ✅ 6. Spruce Up Landscaping Trim overgrown shrubs, remove fallen branches, and refresh mulch beds. Not only does this boost curb appeal, but it also helps prevent issues like foundation damage from overgrown roots or clogged drains. ✅ 7. Examine Exterior Paint and Siding Take a walk around the property and look for chipped paint, cracked siding, or areas showing wear. Spring is a great time for touch-ups that keep your property looking well-maintained and attractive to current and prospective tenants. ✅ 8. Check Walkways and Driveways Inspect for cracks or uneven areas that could become tripping hazards. Repairs now can prevent bigger problems later, especially if water seeps in and freezes again next winter. ✅ 9. Clean Out Dryer Vents Lint buildup in dryer vents is a major fire hazard. Ensure vents are clean and functioning properly—it’s a quick job that protects both the property and your tenants. ✅ 10. Aerate the Lawns Lawn aeration is a crucial lawn care practice of creating small holes in the soil to improve air, water, and nutrient penetration. This helps to alleviate soil compaction, promote healthier root growth, and reduce thatch buildup. An ideal time to aerate is in the Spring before you turn on the sprinklers. Spring maintenance is all about being proactive. By staying ahead of repairs and keeping your rental property in great shape, you protect your investment and create a safe, comfortable environment for your tenants. Keep this checklist handy and make spring your most productive season yet! Don't have time to manage your rental property? Masters Real Estate can help! Learn more about our services and get a free rental analysis.
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By Masters Real Estate • February 6, 2024
When you're looking for a property manager, it's not always easy to know what to look for. There are 5 key things to consider when choosing someone to manage your investment property. Read this to learn what these are and how to pick the best property manager to save you time, money, and stress while managing your properties!

Winter Is on the Way! Time To Get Your Sprinklers Blown Out and Winterize Your Lawn

By Masters Real Estate • October 12, 2022
As winter approaches, it's time to get prepared for the season. There are three things that are on the top of the to do list, arguably the most important things you need to do is winterize your sprinkler system. If not done properly you will find yourself with a maintenance emergency and an expensive repair bill when freezing temperatures come to Colorado. Another thing to consider is keeping branches away from your home and car during Spring where we receive moisture heavy seasonal snow that can damage anything or cause injury as they fall off. And lastly, if you like your healthy lawn, its aeration/fertilization time. Get your sprinklers blown out for the season Winter is the time to get your sprinklers blown out. The winterizing process helps ensure that your irrigation equipment will last longer and will not burst during the coldest months of the year. If water freezes in an un-winterized system, it expands and bursts water lines, sprinkler heads, backflow preventers and the plumbing inside your home causing significant, traumatic and costly damage. To winterize your sprinkler system: Turn off the water lines Blow out all hoses so they are not full of water Close the solenoids or turn off your system. Turn off outside faucets (check for leaks). Make sure your sprinkler system has been unplugged or disengaged. Remove tree branches that might break off with heavy snow or ice If you have trees on your property, especially large ones that may need to be removed in the future, it is important to do the following: Remove dead or diseased branches. These branches can fall and cause damage if they are near power lines or on top of your car. Remove branches that are too close to the house. This helps protect against wind coming from different directions and knocking down some of these trees onto your home. If there is a large tree that has grown too tall and its branches are overhanging your driveway, this could also cause problems with vehicles driving underneath it or kids playing around it during winter months when snow falls heavily overnight causing heavy snowfalls while temperatures drop quickly during nights when people go outside before sunrise during those cold mornings before going off to work or school! Get your lawn aerated Your lawn has had a long year of getting watered, being pressurized and packed down by lawn mowing, now its time to the alleviate the pressure. Aerating is a great thing for the lawn. It pokes holes throughout the lawn allowing for water, air and nutrients to get in deep to the roots. The holes are 2 or 3 inches into the ground, not too deep for your sprinkler lines to get punctured, but deep enough to help with new roots. After aerating you will want to put down a winter fertilizer, the fertilizer will get deep into the soil allowing for the nutrients to be delivered right to the source. Making sure you have a good fertilizer is also important. There are several good brands out there that you can find at the local home hardware store. If you need help managing your investment property, please let us know through our contact form or by calling 303-930-5125.
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