In the unfortunate situation where a resident does not pay their rent, the property management may be forced to take legal actions. As shown below in our timeline, the process is started with a 10-day demand per Colorado law. After 10 days, if there has not been an agreement made between the resident and management or complete payment of the account, files will be sent to the attorney. The documents will then be used to file for a date with court. The resident will be served with the date and the opportunity to respond, stating why there is delinquent rent overdue on their account or explaining a non-compliance issue.  Once all court proceedings have been completed, a final decision will be made. If the court decides the property management company will gain possession from the resident, the renter has the opportunity to move out on their own. However, if there are not planning on leaving, the sheriff will call the management company to set up a time to assist in the removal of the resident from the property. This date and time will not be disclosed to the resident for the safety of all parties involved.

General Timeline

1. A 10-day demand for payment will be posted on the resident’s door. (Please note this does not mean automatic eviction).
2. If no action has been taken from the tenant, all documentation will be sent to our attorney’s office for processing.
3. The court date is scheduled.
4. If the tenant does not respond, a decision to continue with the eviction will be made. If the tenant does respond, a further court date will be made.
5. A final decision will be made in court and a Write of Restitution will be issued.
6. The sheriff will schedule a time when they can assist with the eviction of the resident.

What is a 10-Day Demand?

This is a legal document giving the resident 10 days to correct the overdue balance on the account. This is not a form stating the resident will be evicted. However, it can be a precursor to legal actions if the resident decides to ignore the management’s attempts to self-mediate or correct their balance.

What happens on the day of eviction?

After the sheriff receives the Writ of Restitution from the court, they are the only person who can schedule the formal property eviction. this time is given to the property manager, and they will meet them on the property at that time. All personal items will be removed from the unit and placed on site with easy access for the tenant to remove.