Writ of Restitution & Eviction Information (Residential)
Montezuma County Sheriff's Office employees are prohibited by law from giving any legal advice. The information contained herein should not be used as a substitute for seeking needed advice from attorneys or other qualified advisors.
The Eviction Process:
a. A Notice to Quit or to Vacate must be posted in a conspicuous place (i.e. on a frequently used door of the property) or served by handing it to the tenant (C.R.S. 13-40-107 & 108). The notice must state why the tenant must be out and the deadline for them to vacate the premises. The time limit is usually stated in the rental agreement. If there is no rental agreement, then the landlord/property manager may set the time limit at 3, 10 or 30 days, based upon C.R.S. 13-40-107.
b. If the tenant fails to vacate the premises, the landlord/property manager must fill out a Forceful Entry Detainer packet (F.E.D.) and be scheduled for a court date. The F.E.D. packet can be picked up through the Montezuma County Court. A disinterested party must serve the tenant or a family member who is over the age of 15 with the Summons.
c. If the court renders a verdict in favor of the landlord/property manager, a Writ of Restitution will be issued 48 hours after the hearing. A Writ of Restitution is an order to remove the tenants and their possessions from the premises. The Writ of Restitution must be brought to the Sheriff’s Office immediately, where it will be scheduled, served and executed in the order it is received.
Scheduling and Execution:
a. Once the Sheriff’s Office has received the Writ of Restitution, the Civil Division will enter it into the computer and assign it to a deputy sheriff for service. The Writ will be executed as soon as possible, based upon manpower available.
b. Once the Writ has been posted at the eviction address, the deputy will call the landlord/property manager to schedule the actual move-out. Once the order is posted, the Sheriff’s Office considers that a service and there will be no refund of service fees, even if the tenant has already vacated and no other assistance is needed from the deputy.
c. All evictions are scheduled in the order they are received. Writ of Restitution’s must be served and executed Monday through Friday during daylight hours in accordance with state laws. The landlord/property manager must provide adequate labor on site to complete the eviction in a two hour time frame.
d. The Sheriff’s Office has the authority to cancel or reschedule an eviction based upon weather or lack of manpower to move property out.
e. Under Colorado law, once the tenant’s property is set out on the curbside and the deputy leaves, it is considered abandoned if they are not there to take possession of it. Colorado law does not specify has long the property must sit outside; ask an attorney for more information.
f. If arrangements are made with or monies accepted from the tenant, the scheduled Writ shall be cancelled and returned with no further action by the Sheriff’s Office.
g. Tenants shall be allowed on the premises only for the purpose of loading their personal property. Entry beyond that point may constitute criminal trespassing charges.