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Colorado Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Section 13-40-101 - Forcible entry and detainer defined (1) If any person enters upon or into any lands, tenements, mining claims, or other possessions with force or strong hand or multitude of people, whether any person is actually upon or in the same at the time of such entry, or if any person by threats of violence ...

If the tenant has not paid rent or violates the terms of the lease, the landlord must give the tenant a signed Ten-Day Demand for Compliance or Possession (Ten-Day Demand) stating the rent owed or identify the violation of the lease to start the FED process.

Landlords can serve tenants who substantially violate the lease or rental agreement with a three-day notice to quit. If the tenant does not move out of the rental unit by the end of three days, then the landlord can file an eviction lawsuit against the tenant.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

The ten days begin the day after receiving the notice or of the posting, even if the tenant never sees the notice. If the tenant does not pay, correct the violation, or move out, then the landlord may file an eviction suit. The steps involved in this process are detailed in the Denver Eviction Process Chart attached.

A Colorado 10-Day Notice to Quit (Non-Payment & Non-Compliance), otherwise referred to as a written demand, is a real estate document used to serve a tenant in default of either not paying rent on time or some other violation of the lease. The tenant will have ten (10) days to either pay rent owed or move out.

If a lease does not include a written clause specifying when the landlord can enter a rental property, a tenant has exclusive use of the property and does not have to allow the landlord access.

This timeline may change depending on the complexities of the case, such as a second hearing. On average, it would take anywhere between 10-107 days for a complete eviction process. A few hours to a few days. You are not allowed to be the one to evict the tenant by force.

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File with the Court a copy of the Demand for Compliance or Right to Possession Notice or Notice to Quit. Please mark as Exhibit “B”. The landlord is the “Plaintiff” and the tenant is the “Defendant”. 2. File the “Complaint in Forcible Entry and Detainer” and “Summons” and Pay the. Filing ...These forms are used in residential evictions cases. Forcible Entry & Detainer (FED) is the legal term for Evictions. This is a process that returns the rental ... If the landlord locks out a tenant, without a court order the tenant has every right to re-enter the premises as long as they do as minimal damage as possible. Possessory action under forcible entry and detainer statute by Frank Paxton and another against George Fisher, Secretary of the State Land Board, and others. 5) FORCIBLE ENTRY AND DETAINER SUITS (Where a person enters the property without legal authority or by force and refuses to surrender possession on demand):. The only way a landlord can terminate a lease and evict a tenant from any type of rental property is by going through a Forced Entry and Detainer (FED) legal ... 1, 1989. Sec. 24.002. FORCIBLE DETAINER. (a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the ... Apr 10, 2019 — If the Defendant(s) refuse(s) to leave, you can file a lawsuit with the court to evict the Defendant(s). STEP 2 Complete the forms. Complete ... Jun 9, 2021 — Colorado evictions are guided by the Forcible Entry and Detainer Act (C.R.S. ... Does the Complaint/Notice plead with specificity a lease ...

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Colorado Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand