Eviction Complaint (Forcible Entry and Detainer — Residential)

COMPLAINT IN FORCIBLE ENTRY AND DETAINER (EVICTION) — COLORADO

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Tenancy and Premises
4. Predicate Notice and Service
5. Statement of Cause Under HB 24-1098
6. Count I — Unlawful Detention / Possession
7. Count II — Past-Due Rent and Damages
8. Count III — Holdover / Use-and-Occupancy Damages
9. Compliance Affirmations
10. Prayer for Relief
11. Demand for Trial by Jury
12. Verification
13. Exhibits and Attachments
14. Signature and Service Blocks
15. Certificate of Service
16. Colorado Practice Notes
17. Sources and References

1. CAPTION

DISTRICT COURT, [__________] COUNTY, COLORADO
☐ COUNTY COURT, [__________] COUNTY, COLORADO

Court Address: [____________________________________________]

COMPLAINT IN FORCIBLE ENTRY AND DETAINER (EVICTION)
(Residential Tenancy — Pursuant to C.R.S. § 13-40-101 et seq.)

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [LANDLORD] is the ☐ owner ☐ lessor ☐ assignee ☐ authorized property manager of the residential premises located at [STREET ADDRESS, UNIT, CITY, COUNTY, COLORADO ZIP] (the "Premises").

2.2 Defendant(s) [TENANT NAMES] are tenants in possession of the Premises pursuant to the lease/tenancy described below, and All Other Occupants are persons whose names are unknown to Plaintiff but who claim possession through Defendants.

2.3 Subject-matter jurisdiction is conferred on this Court by C.R.S. § 13-40-109 (county court jurisdiction over FED actions) and § 13-6-104 (concurrent jurisdiction). The amount in controversy ☐ does ☐ does not exceed the $25,000 county-court jurisdictional limit.

2.4 Venue is proper because the Premises are located in [_______________] County, Colorado. C.R.S. § 13-40-109; C.R.C.P. 98(a).

2.5 Personal jurisdiction is conferred on this Court because Defendants reside in and are served at the Premises in this county.

3. THE TENANCY AND PREMISES

3.1 The Premises are residential and consist of: ☐ apartment unit ☐ single-family home ☐ duplex/triplex unit ☐ condominium ☐ townhome ☐ other: [_________].

3.2 Defendants entered into possession of the Premises pursuant to:

☐ A written lease dated [__/__/____], a true and correct copy of which is attached as Exhibit A.
☐ An oral month-to-month tenancy commenced on or about [__/__/____].
☐ A renewal/holdover of a written lease originally dated [__/__/____].

3.3 The agreed monthly rent is $[____________], due on the [____] day of each month.

3.4 Defendants' tenancy has continued for a total of [____] year(s) [____] month(s) as of the filing date.

3.5 ☐ The tenancy IS subject to HB 24-1098 (C.R.S. § 38-12-1301 et seq.) just-cause requirements.
☐ The tenancy IS EXEMPT from HB 24-1098 because: ☐ owner-occupied 1-3 unit; ☐ short-term rental; ☐ mobile home lot; ☐ employer housing; ☐ tenancy < 12 months; ☐ unknown occupant; ☐ other: [_________]. Plaintiff so alleges and is prepared to prove the exemption.

4. PREDICATE NOTICE AND SERVICE

4.1 On [__/__/____], Plaintiff served on Defendants a written [CHECK ONE]:

☐ 10-Day Notice to Pay Rent or Quit — C.R.S. § 13-40-104(1)(d). True copy attached as Exhibit B.
☐ 10-Day Notice to Cure or Quit (Demand for Compliance) — C.R.S. § 13-40-104(1)(e). Attached as Exhibit B.
☐ 3-Day Notice to Quit for Substantial Violation — C.R.S. §§ 13-40-104(1)(d.5), 13-40-107.5. Attached as Exhibit B.
☐ Notice to Terminate Tenancy (90-day no-fault under HB 24-1098 / 91-, 28-, 21-, 3-, or 1-day periodic notice under § 13-40-107). Attached as Exhibit B.

4.2 The Notice was served by [CHECK ONE]:

☐ Personal delivery to Defendant [______________] at the Premises.
☐ Substituted delivery to a member of Defendant's family ≥ 15 years of age, namely [______________].
☐ Posting on the door and mailing by first-class U.S. mail (no other person available). C.R.S. § 13-40-108.

A copy of the Affidavit/Declaration of Service of the Notice is attached as Exhibit C.

4.3 The cure/notice period expired on [__/__/____]. Defendants have not (i) paid the past-due rent, (ii) cured the lease violation, or (iii) vacated the Premises.

4.4 As of the filing of this Complaint, Defendants remain in unlawful possession of the Premises.

5. STATEMENT OF CAUSE UNDER HB 24-1098

Required by C.R.S. § 38-12-1303 for all covered residential tenancies.

5.1 The cause for this eviction is one of the enumerated grounds under C.R.S. § 38-12-1303(2)-(3):

A. For-Cause Grounds — § 38-12-1303(2)

☐ Nonpayment of rent. § 38-12-1303(2)(b). [Itemize in Section 7.]
☐ Material noncompliance with the lease (specify): [____________________________].
☐ Substantial violation under C.R.S. § 13-40-107.5 (specify): [_____________________].
☐ Nuisance / disturbance interfering with quiet enjoyment of landlord or other tenants (specify): [______________________].
☐ Negligent damage to the Premises (specify): [_____________________].
☐ Holdover after expiration of fixed-term lease without renewal: lease expired [__/__/____].
☐ Illegal activity on or near the Premises (specify): [_____________________].

B. No-Fault Grounds — § 38-12-1303(3)

☐ Demolition / conversion of the Premises. Project: [______]; permit [______]; commencement [__/__/____].
☐ Substantial repairs / renovations. Scope: [______]; estimated duration: [____] days; right-of-first-refusal: ☐ offered ☐ N/A (≥ 180 days).
☐ Owner / family-member occupancy. Occupant: [______], relationship: [______], move-in date: [__/__/____].
☐ Withdrawal from rental market for sale. Listing date: [__/__/____].
☐ Tenant refusal of reasonable renewal terms. Offer date: [__/__/____]; refusal date: [__/__/____].
☐ History of nonpayment — three or more rent payments more than 10 days late during the tenancy. Dates: [______], [______], [______].

C. Exemption (if applicable)

☐ The tenancy is exempt under C.R.S. § 38-12-1302; the cause-required provisions do not apply, and termination is governed by § 13-40-107.

5.2 Plaintiff complied with all notice content and timing requirements imposed by § 38-12-1303(3) where applicable, including the provision of a written reason for non-renewal in the predicate notice (Exhibit B).

5.3 The cause stated above is true, non-pretextual, and not asserted to circumvent any statutory protection.

6. COUNT I — UNLAWFUL DETENTION / POSSESSION

6.1 Plaintiff incorporates paragraphs 1.1 through 5.3 as if fully set forth.

6.2 Defendants are unlawfully detaining the Premises in violation of C.R.S. § 13-40-104(1)(d), (1)(d.5), (1)(e), or (1)(c), as alleged above, and in violation of the lease and Colorado law.

6.3 Plaintiff is entitled to immediate possession of the Premises and to a Writ of Restitution under C.R.S. § 13-40-117.

7. COUNT II — PAST-DUE RENT AND DAMAGES

7.1 Plaintiff incorporates paragraphs 1.1 through 6.3 as if fully set forth.

7.2 Defendants owe Plaintiff the following amounts as of the filing date:

7.3 Rent continues to accrue at $[_______] per ☐ day ☐ month from the filing date through the date of judgment and surrender. C.R.S. § 13-40-123.

8. COUNT III — HOLDOVER / USE-AND-OCCUPANCY DAMAGES

8.1 Plaintiff incorporates paragraphs 1.1 through 7.3 as if fully set forth.

8.2 Following expiration of the cure/notice period, Defendants' continued occupancy is wrongful and Defendants are liable to Plaintiff for the reasonable rental value of the Premises, computed at $[_______] per ☐ day ☐ month, until possession is restored.

8.3 Plaintiff has been damaged by Defendants' wrongful retention in an amount to be proven at trial, including incidental and consequential damages permitted by C.R.S. § 13-40-123.

9. COMPLIANCE AFFIRMATIONS

9.1 No self-help. Plaintiff has not engaged in any self-help eviction prohibited by C.R.S. § 38-12-510 (no lockout, utility shutoff, or removal of belongings).

9.2 No retaliation. This action is not motivated by Defendants' good-faith complaint, code-enforcement contact, or tenant-organization activity, and is not subject to the 6-month retaliation presumption under C.R.S. § 38-12-509, OR the presumption is rebutted by [______________________].

9.3 No discrimination. This action is not based on Defendants' race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, disability, familial status, source of income, marital status, age, creed, or military status. C.R.S. § 24-34-502; 42 U.S.C. § 3604.

9.4 No pretextual rent increase. Plaintiff has not used or threatened a rent increase to circumvent just-cause requirements. C.R.S. § 38-12-1307.

9.5 VAWA / SCRA. ☐ To Plaintiff's knowledge, no Defendant is on active military duty entitled to SCRA protection (50 U.S.C. § 3951); Plaintiff will file a non-military affidavit if default is sought. ☐ This action is not based on incidents of domestic violence, dating violence, sexual assault, or stalking. 34 U.S.C. § 12491; C.R.S. § 38-12-402.

9.6 HB 24-1098 cause. Plaintiff has pleaded the enumerated cause in Section 5 above as required by C.R.S. § 38-12-1303 and § 38-12-1305.

9.7 Habitability. Plaintiff has maintained the Premises in compliance with the warranty of habitability under C.R.S. § 38-12-503 and SB 24-094, OR all material habitability complaints have been timely addressed.

9.8 Late fees. All late fees claimed comply with the caps and procedural requirements of C.R.S. § 38-12-105.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, granting the following relief:

A. Possession of the Premises and immediate issuance of a Writ of Restitution under C.R.S. § 13-40-117, with execution to be carried out by the sheriff;

B. Money judgment for past-due rent, late fees, utility charges, and damages in the amount of $[__________] as of filing, plus rent and damages accruing through the date of judgment at $[__________] per ☐ day ☐ month;

C. Reasonable attorney fees and costs as authorized by the lease (Section [____]) and applicable law, including C.R.S. § 13-40-123;

D. Pre- and post-judgment interest at the statutory rate;

E. Such other and further relief as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Plaintiff ☐ DEMANDS ☐ DOES NOT DEMAND trial by jury on all issues so triable pursuant to C.R.S. § 13-40-114 and Colo. Const. art. II, § 23. The applicable jury fee accompanies this Complaint.

12. VERIFICATION

STATE OF COLORADO )
) ss.
COUNTY OF [_______] )

I, [PLAINTIFF / AUTHORIZED AGENT NAME], being first duly sworn upon oath, depose and state: I am the Plaintiff (or duly authorized agent of Plaintiff) in the above-captioned action; I have read the foregoing Complaint; and the matters stated therein are true to the best of my knowledge, information, and belief.

[____________________________________________]
[NAME], Plaintiff / Authorized Agent

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[____________________________________________]
Notary Public — State of Colorado
My commission expires: [__/__/____]

13. EXHIBITS AND ATTACHMENTS

14. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted this [____] day of [_______________], 20[____].

[LAW FIRM / PLAINTIFF (PRO SE)]

By: [____________________________________________]
[ATTORNEY NAME], Atty Reg. No. [_______]
[FIRM NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [_____________________]
Email: [____________________________________________]
Attorney for Plaintiff [LANDLORD]

— OR —

[PLAINTIFF NAME], Pro Se
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [_____________________]
Email: [____________________________________________]

15. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Complaint in Forcible Entry and Detainer, together with the JDF 102 Eviction Summons, blank JDF 103 Eviction Answer, JDF 108 Request for Documents, and all exhibits, was served upon Defendants by:

☐ Personal service by [process server / sheriff] on [__/__/____].
☐ Substituted service per C.R.C.P. 4(e)(2) on [__/__/____].
☐ Posting + mailing per C.R.S. § 13-40-112 on [__/__/____].
☐ E-service per C.R.C.P. 121 § 1-26 (where stipulated or court-ordered).

[____________________________________________]
[ATTORNEY / PLAINTIFF SIGNATURE]

16. COLORADO PRACTICE NOTES

• Forms. Use Form JDF 101 (Eviction Complaint — Residential), JDF 102 (Summons), JDF 103 (Answer for tenant), and JDF 108 (Request for Documents). The Judicial Branch updates these regularly. This template supplements those forms with full cause pleading and verification.
• Return date. Set per C.R.C.P. 304 (typically 7-14 days after service). At least 7 days' service required before return date.
• Appearance. Tenants must appear at first appearance with answer; failure results in default and possession judgment.
• Trial. If tenant appears and contests, court sets trial within 7-10 days. C.R.S. § 13-40-114.
• Writ of restitution. Issued no sooner than 48 hours after judgment under C.R.C.P. 304(d) (formerly stays varied).
• Appeal. 14-day de novo appeal under C.R.S. § 13-40-120; bond required (rent through duration of appeal).
• Habitability counterclaim. No bond required to raise as defense (SB 24-094, eff. 05/03/2024).
• Sealing. Eviction records may be sealed under HB 23-1186 / record-sealing provisions; judgment in tenant's favor must be sealed automatically; dismissed cases sealable.
• Local counsel. Denver, Boulder, Aurora, Fort Collins, and other municipalities layer additional substantive and procedural protections (e.g., Denver "Healthy Residential Rentals for All," DRMC § 27-200).
• Self-help bar. Reaffirm: NO lockout, NO utility shutoff, NO removal of belongings outside the writ. Triple damages + fees. C.R.S. § 38-12-510.
• HB 24-1099 procedure (eff. 11/01/2024). Eliminated some tenant filing fees and shifted certain service obligations; verify current procedure with the clerk.
• Rendering. No outer markdown fence; markdown table captions only; HTML comment guidance only — per CLAUDE.md.

17. SOURCES AND REFERENCES

• C.R.S. Title 13, Article 40 (FED): https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/
• C.R.S. § 13-40-104: https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104/
• C.R.S. § 13-40-107: https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-107/
• C.R.S. § 13-40-110 — Action — How Commenced
• C.R.S. § 38-12-1301 et seq. (HB 24-1098): https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/
• HB 24-1098: https://leg.colorado.gov/bills/hb24-1098
• HB 24-1098 signed text: https://content.leg.colorado.gov/sites/default/files/2024a_1098_signed.pdf
• HB 21-1121: https://leg.colorado.gov/bills/hb21-1121
• HB 23-1095: https://leg.colorado.gov/bills/HB23-1095
• HB 23-1186: https://leg.colorado.gov/bills/hb23-1186
• HB 23-1099 (Eviction sealing components)
• HB 25-1249 (Security Deposit Protections, eff. 01/01/2026): https://leg.colorado.gov/bills/HB25-1249
• SB 24-094 (Warranty of habitability overhaul, eff. 05/03/2024)
• C.R.C.P. 304 — FED procedure
• Colorado Bar Association — 2024 LL-T changes: https://cl.cobar.org/features/significant-changes-to-landlord-tenant-law-in-2024/
• JDF forms (Judicial Branch): https://www.coloradojudicial.gov/
• JDF 101 — Eviction Complaint
• JDF 102 — Eviction Summons: https://www.coloradojudicial.gov/sites/default/files/2023-07/CRCCP1A.pdf
• JDF 103 — Eviction Answer: https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF103.pdf
• JDF 108 — Request for Documents
• 18th Judicial District Eviction Plaintiff Packet: https://www.courts.state.co.us/userfiles/file/Court_Probation/18th_Judicial_District/18th_Courts/Eviction%20Plaintiff(1).pdf
• Colorado Legal Services: https://www.coloradolegalservices.org/

END OF COMPLAINT