An eviction is a multi-step process for all parties involved and can vary depending upon the type of property and circumstances of the eviction. As the property owner, you will need to provide notification of your intentions to evict the tenant(s). There are step-by-step instruction guides on the Colorado judicial website. You should consider seeking legal advice or assistance from an attorney if the circumstances of the eviction are complex.
EVICTION SCHEDULING AND PROCEDURES
After a judgment has been granted for restitution, the Court will issue a Writ of Restitution and the final step of the process – execution of the eviction, is ordered to the Sheriff. The Larimer County Sheriff’s Office Civil Process Unit will handle the scheduling and execution of the court order for properties in Larimer County. The steps are as follows:
- Provide the Writ of Restitution either in person or via email. Payment for posting of the Writ of Restitution will be due at the time of receipt. You will also be asked to complete our Civil Process Information Sheet and the Eviction Procedure Checklist.
- We will post the Writ within 5 business days of receipt and place you in our scheduling queue.
- You will receive a call from a Civil Process Specialist with a date and time that is available for your eviction. PLEASE BE PATIENT. We ask that you refrain from calling/emailing to schedule and await our contact.
- A Civil Process Unit deputy will contact you to plan for resources, equipment, and other details pertaining to the eviction day.
- If the tenant(s) move out and surrender the property to you prior to the eviction day, please call and email our unit to cancel. If less than 48 hours notice is given for cancellation, then you may be charged for the eviction.
- On the day of the eviction, please be prepared with all personnel and equipment necessary to complete the removal of all personal property inside the residence and outbuildings, abandoned vehicles, livestock, etc. If the deputy on scene determines that the personnel and equipment are not sufficient, they may cancel the eviction. You will be billed and will have to reschedule at your own expense.
- Upon completion of the eviction, deputies will post signage and removed property must remain for a “reasonable time” for the former tenant(s) to retrieve (consult an attorney to determine the appropriate length of time). Any remaining fees will be billed.
EVICTION DATE SELECTION
Several factors are considered when eviction dates are selected. A Writ of Restitution must not be executed prior to any applicable grace periods per Colorado statute (CRS 13-40-122) nor after 49 days of issuance. Site conditions, personnel availability, and other considerations will affect the date selection. Please submit the Writ of Restitution as soon as possible to prevent exceeding the expiration date.
As execution of an eviction occurs at the site of the residence, the Civil Process Unit will coordinate the date and details directly with the property manager and not with the attorney.
PLANNING FOR THE EVICTION DAY
Evictions take a considerable amount of time on scene; we ask for your cooperation in the following manner:
1. FOR OFFICER SAFETY REASONS, UNDER NO CIRCUMSTANCES SHALL THE DATE AND TIME OF THE EVICTION BE DISCLOSED TO THE TENANT. If the Deputies believe that the tenant was aware of the date/time of the eviction, the eviction will be cancelled and billed at YOUR cost.
2. YOU MUST WAIT FOR THE DEPUTY’S ARRIVAL BEFORE ENTERING THE DWELLING TO START THE EVICTION. The Deputies are executing the Order and all persons present, regardless of status, are required to follow the Deputy’s direction. Interference by anyone may result in arrest.
3. The Deputy may cancel the eviction if the necessary equipment is not initially provided or if the FULL eviction personnel are not present at scheduled eviction time.
4. The Landlord will be required to provide a crew of ABLE-BODIED workers for the eviction. General Labor Guidelines:
- 5 Laborers for a 1-bedroom dwelling
- 6 Laborers for a 2-bedroom dwelling
- 8 Laborers for a 3-bedroom dwelling
- 10-14 Laborers for a 4–5-bedroom dwelling
- Upper-level apartments may require additional laborers
The Deputy may also require additional laborers based on circumstances. Evictions must be completed in one hour; this includes contact & removal of tenant(s). If you believe the eviction will need more than one hour, please let us know prior to scheduling.
5. All personal property of the tenant(s) should be placed on the driveway, parking area, lawn or street parking - NEVER on the sidewalk or in a traffic lane. You must have sufficient equipment, trash bags and boxes for containment of all personal property. Everything in the dwelling must be removed and handled with reasonable care. Inventory is not required. The property owner/agent is responsible for the immediate cleanup of any tenant property that falls on the sidewalk, traffic lane or neighboring property prior to the disposal of the tenant’s unclaimed property.
6. Any documents, files, computers or other tangible items that contain any information that may result in identity theft will not be allowed to be taken outside the building as part of the eviction process. It will be the landlord’s agent’s responsibility to ensure that these items are secured and then properly disposed of.
7. When scheduling the eviction, please make sure that we are aware of potential dangers or negative interactions of any kind present at the property.
EVICTION FEES
Eviction execution includes two important steps that, by Colorado statute, require application of fees. The first step is posting/serving the Writ of Restitution and the second is execution of the Writ. Both steps have a base fee and a mileage fee component. The base fee for posting of the Writ is $60 and for execution of the Writ is $125. The mileage fees are based on a zip code system and are charged on a round trip, per mile basis. The fee chart can be viewed here.
While planning the eviction, advisement of necessary personnel and equipment is intended to minimize time on-scene to one hour or less. When one hour is exceeded, additional per hour/per deputy fees are applied.