Evictions and Writs of Restitution

The following information is not intended to be legal advice and does not address the specific statutory and legal issues of evictions and Writs of Restitution. Our only intent is to provide the public with general guidelines to questions we are generally asked, related to the Boulder County Sheriff's Office policy and procedure for executing Writs of Execution. We recommend that you first personally research the statutes, or contact an attorney or the courts before relying on this information for legal purposes or proceeding with any action.

1. Notice (Demand) to Vacate: The general eviction process begins when the landlord gives a written demand for the tenant to vacate. (13-40-106). The written notice must be served upon the tenant three days before the landlord can seek additional remedy in the courts, 13-40-104(1)(d)-(e). It is not possible for a waiver of the three day notice to be included in any written agreement, 13-40-104(1)(d). The written notice to vacate is used only when the tenant has failed to meet the obligations of agreement with the landlord (i.e., failure to pay rent).

The notice must contain:

1. Specific grounds for the landlord's right to possession of the premises.
2. Description of the premises.
3. Specific time to deliver possession.
4. Signed by the landlord, agent, or attorney.
5. Alternative of payment of rent (if applicable).

In the case of a mobile home eviction from a mobile home park for nonpayment of rent, 38-12-204(1) allows the tenant five days to remove the mobile home after the written notice is served or posted; there are no express requirements for the contents of this notice.

2. You must receive a Summons and Forcible Entry and Detainer (S.F.E.D.) from county or district court (depending upon which court has jurisdiction under the applicable statutes) to continue the eviction procedure. The court will request a copy of your three day notice. (13-40-108/110/111).
3. Service of the summons can be completed by either the Sheriff's Office's Civil Section or by a disinterested party over the age of 18 years. "Personal" service as outlined in Rule 4 of the Colorado Rules of Civil Procedure is required if you are seeking a money judgment along with the actual eviction. A copy of the complaint must be served with the Summons (13-40-12). If no money judgment is sought, the summons and complaint may be served by posting in a conspicuous place upon the premises after diligent effort to make "Personal" serves (38-40-112). Both types of service must be completed at least five working days, not including Sundays and holidays, before the day of appearance specified in the summons and must be evidenced by completing the return of service to the court (13-40-113).
4. Only Sheriff's officers can execute the Writ of Restitution (eviction).
5. Mileage is charged for each round trip to the premises and a service fee is charged for the completion of the Writ of Restitution.
6. You must bring your Writ of Restitution (2 copies), and your Notice of Judgment (when evicting a mobile home from a mobile home park) to the Civil Section of the Sheriff's Office. The Civil clerks will schedule the next available appointment to evict the tenants. Please be aware that there can be a waiting period of several weeks before the Civil Division can complete your eviction. The issuing court must wait 48 hours after entry of a judgment before issuing a Writ of Restitution (if they fail to do so the Sheriff will wait the 48 hours before serving or posting) 13-40-122. In the case of Writ of Restitution on mobile homes, 38-12-208, the court can immediately issue the Writ of Restitution, but the Sheriff may not serve the writ less than 48 hours after the Court's entry of judgment.
7. Special circumstances should be directed to the Commander of the Civil Section (including concerns about anticipated tenants' reactions to being evicted).
8. The Sheriff's Office requires the landlord to hire and be responsible for all necessary movers/towers and requires the landlord or agent to be present at the scheduled time of eviction. The eviction may be cancelled if the landlord or agent fails to arrive. The landlord is required to provide enough manpower to remove all belongings within one hour (when possible) at his own expense. The Civil officer will stand by while the premise is cleared. Removal of a mobile home requires the landlord to arrange for a tower and qualified personnel to remove skirting and make the needed disconnection at the landlord's expense, if the tenant fails to do so, prior to eviction date.
9. No mobile home can be towed without meeting Colorado State Statutes applying to movement of mobile homes on public roadways. the landlord is responsible for having a specific location to store the mobile home. Such mobile homes may not be placed on the side of public roadways.
10. If tenants vacate the premises before the scheduled date for eviction, please contact the Sheriff's Office Civil Section at (303) 441 - 3608 to cancel the eviction, this saves you the additional mileage costs of Sheriff's officers responding to the premises to restore it to you. The open time slot can be used in many cases.
11. Sheriff's officers post the Writ of Restitution and Notice of Judgment (when applicable) with a date approximately 48 hours from the time the Writ of Restitution is posted or served by a Sheriff's officer. The landlord is given the actual date which is the first available on our eviction schedule. We feel that his enhances the possibility that tenants will vacate the premise in the first 48 hours to avoid removal by the Sheriff's office. Sheriff's civil officers will respond only on the eviction date given to the landlord.
12. Landlord liens: Should you desire additional information this subject, please see our landlord lien information.
13. Landlords are requested to consider storage of the evicted tenant's property until the tenant makes arrangements to remove the property. This avoids a large grouping of belongings adjacent to the premises.
14. Any animal abandoned at the premises will be impounded by the local jurisdiction Animal Control officers.
15. Property removed from any residence deemed to be a danger to the public will be impounded by the Civil Officer (firearms, fuels, etc.).