A Notice to Quit or to Vacate must be posted in a conspicuous place (e.g., a frequently used door) or served directly to the tenant (C.R.S. 13-40-107 & 108). The notice must state the reason for eviction and the deadline to vacate. If no rental agreement exists, the landlord/property manager may set the time limit at 3, 10, or 30 days.
If the tenant does not vacate, the landlord/property manager must complete a Forceful Entry Detainer (F.E.D.) packet and schedule a court date. The packet is available through Montezuma County Court. A disinterested party must serve the Summons to the tenant or a family member over age 15.
If the court rules in favor of the landlord/property manager, a Writ of Restitution will be issued 48 hours after the hearing. This order authorizes removal of the tenant and their possessions. The Writ must be delivered to the Sheriff’s Office for scheduling and execution.
Scheduling and Execution
Upon receiving the Writ of Restitution, the Civil Division enters it into the system and assigns it to a deputy. Execution depends on available manpower.
After posting the Writ at the eviction address, the deputy will contact the landlord/property manager to schedule the move-out. Posting constitutes service; fees are non-refundable even if the tenant vacates beforehand.
Evictions are scheduled in the order received. Writs must be served and executed Monday through Friday during daylight hours per state law. Landlords/property managers must provide sufficient labor to complete the eviction within two hours.
The Sheriff’s Office may cancel or reschedule evictions due to weather or staffing limitations.
Under Colorado law, property left on the curb after the deputy departs is considered abandoned unless the tenant is present to claim it. The law does not specify how long it must remain; consult an attorney for guidance.
If the landlord/property manager accepts money or makes arrangements with the tenant, the Writ will be canceled and returned without further action.
Tenants may only enter the premises to load personal property. Any other entry may result in criminal trespassing charges.
