The eviction process in Colorado involves many steps, including the proper service of legal documents to the tenants being evicted. Ensuring that the service complies with state laws is essential for landlords seeking to remove tenants legally. Failing to follow these rules can lead to delays or dismissal of the eviction case, requiring it to be restarted from the beginning. In this post, we’ll explore the special considerations when serving eviction paperwork in Colorado.
Step 1: Giving Proper Notice
Before initiating an eviction lawsuit, landlords are required to give tenants formal notice. Colorado law mandates specific notices for different situations, and these must be properly delivered to proceed with the eviction:
- JDF 99 A – Notice for Demand for Compliance: Used for missed rent or lease violations, providing the tenant a chance to remedy the issue.
- JDF 99 B – Notice to Terminate Tenancy: Used for repeated or severe lease violations.
- JDF 99 C – Notice of No-Fault Eviction: Issued when a lease isn’t being renewed, even if the tenant hasn’t violated any terms.
The notice must be posted on the front door of the rental unit, and landlords must adhere to the timelines specified in the forms. If the notice period ends on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.
Step 2: Filing with the Court
After the notice period expires and if the tenant hasn’t complied, landlords can file an eviction complaint in the county where the property is located. This step requires:
- Completed Forms: Including the complaint (JDF 101), summons (JDF 102), and a partially filled-out answer form (JDF 103).
- Filing Fees: Landlords must pay filing fees, but those who cannot afford the fees can submit forms JDF 205 and JDF 206 to request a fee waiver.
Once the paperwork is filed, the court will issue a summons that sets the hearing date, which will occur between 7 and 14 days after the summons is issued.
Step 3: Serving the Tenant
The tenant must receive the legal documents at least seven days before the scheduled court hearing. Colorado law provides two primary methods of service:
Personal Service
If landlords want to seek compensation for unpaid rent or property damages, personal service is required. A process server or sheriff must hand-deliver the summons, complaint, and answer forms directly to the tenant. The server will complete an affidavit of service (JDF 98), which the landlord must submit to the court by the hearing date.
Service by Posting and Mailing
If personal service isn’t possible, Colorado law allows for service by posting and mailing. If using this method, these steps must be followed closely:
- The process server must post the documents on the main entrance of the rental property or another easily visible location.
- The landlord must mail a copy of the documents to the tenant via First-Class Mail the day after filing the complaint with the court.
- The Certificate of Mailing on the second page of the summons must be completed and filed with the court.
Note that service fees may apply, and landlords can request the court to include these fees in the judgment if they win the case and an eviction is granted.
Mediation Requirements
Colorado mandates mediation in specific cases to prevent unnecessary evictions. If the tenant receives Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), or TANF cash assistance, and the landlord owns six or more rental units, mediation may be required before the eviction can proceed via the court. This provides an opportunity for both parties to reach a resolution with less expense.
Important Considerations for Eviction Service
Proper service of process is essential to avoid delays or case dismissal. Keep the following in mind:
- Strict Deadlines: Missing deadlines or improper service can result in case delays or dismissal.
- Accurate Documentation: It’s critical to ensure that the affidavit of service and certificate of mailing are correctly completed and filed with the court.
- Multiple Service Attempts: If initial service attempts fail, additional efforts and strategies may be required to ensure compliance with the law.
Partner with Accurate Serve® of Denver for Reliable Eviction Process Service
Eviction cases require precision and adherence to strict legal protocols. At Accurate Serve® of Denver, we are experts in Colorado’s process serving rules, ensuring that eviction paperwork is handled professionally and in full compliance with all federal, state, and local laws. If you need reliable process service in Denver or anywhere in Colorado, contact us today at (303) 501-7121 or send us a work request online to get started. We also offer document retrieval, skip tracing, and diligent search services to support all of your legal needs.
