There are several reasons that a Denver rental property owner may need to evict a tenant. If your tenant isn’t paying rent, has violated the lease agreement and refuses to fix the problem, or has committed serious crimes at the property, you can cancel the lease agreement, make them leave, and have possession of the property returned to you.
However, you have to follow the established legal process. Landlords are not permitted to evict tenants on their own. This means you cannot change the locks or turn off the utilities or confront your tenants in a threatening way. Instead, you have to follow the law.
Serve a Three Day Notice
Different types of notices will need to be served depending on the reason that you’re evicting. The most common reason for eviction in Denver is nonpayment of rent, and that will require a Three Day Notice to Pay or Quit. This officially lets the tenants know that their rent has not been paid, and they have three days to either pay or leave the property.
Usually, a tenant will catch up with the rent when this notice is served. They don’t want to let the eviction go any further. Or, they may contact you to let you know when they’ll be able to pay. If you agree to a payment arrangement with your tenant, make sure you put everything in writing so you can hold your tenant accountable.
Filing for Eviction in Court
When the full three business days come and go and you don’t receive a payment or any contact from the tenants and it’s pretty clear they haven’t moved out, you need to escalate the situation. Evicting a tenant should always be a last resort; working something out is better for all parties. However, sometimes a tenant gives you no choice.
You’ll need to fill out the appropriate eviction paperwork at the courthouse, which will include a Complaint for Forcible Entry and Detainer as well as a Summons in Forcible Entry and Unlawful Detainer. There will be a filing fee and other court fees that cover the filing of this paperwork.
After you’ve done this at court, you must send a copy of the Summons and Complaint to the tenants through the mail. You’ll want to attach a copy of your lease, a copy of the Three Day Notice, and any other supporting documentation.
Preparing for Your Eviction Hearing
Once you’ve filed for the eviction and sent the Summons, the court clerk will schedule a hearing. While evictions in Denver can take up to two months, you should expect a hearing to be scheduled within a week or two.
Hopefully, you and the tenants will be able to resolve the issue before you get to court. Maybe they can move out and avoid having an eviction on their record. Then, you’ll get your property back sooner. If you do have to go to court, make sure you’re prepared. Gather all of your documentation that proves your case. Contact a professional Denver property manager or an experienced eviction attorney for legal advice and to be sure you’re not making any potentially expensive mistakes.
We’d be happy to help. Contact us at Walters & Company Property Management if you need help with an eviction.