Living with a roommate can work well—until it doesn’t. Maybe they’ve stopped paying rent, violated your agreement, or the situation has simply become unsafe or uncomfortable. If you’re in Colorado and need to remove a roommate, the process isn’t as simple as asking them to leave.
Even if your roommate is not on the lease, they may still have legal rights. That means you often have to follow the formal eviction process under Colorado law.
This guide will walk you through everything you need to know—in simple, practical terms—so you can handle the situation the right way.
Do You Have the Right to Evict Your Roommate?
Before you take any action, you need to understand one key thing:
In Colorado, a roommate who has been living with you for some time may be treated as a tenant, even if they never signed a lease.
This usually happens when:
- They’ve lived there for an extended period
- They contribute to rent or bills
- The arrangement looks like a rental setup
If that’s the case, you cannot just kick them out. You must follow legal eviction steps.
Step 1: Talk to Your Roommate First
Before going legal, try the simplest option—have a conversation.
Explain clearly:
- Why you want them to leave
- When you expect them to move out
Try to agree on a move-out date that works for both of you.
If they agree:
- Get the agreement in writing (even a simple text or email helps)
- Collect keys once they move out
- Consider changing locks (with landlord approval)
If they refuse or ignore you, move to the next step.
Step 2: Check Your Lease Agreement
Now take a close look at your lease.
Most leases in Colorado:
- Require all adult occupants to be listed
- Limit how long guests can stay
- Prohibit unauthorized roommates
If your roommate is unauthorized, your landlord could:
- Evict both of you
- Terminate your lease
So before you act, ask yourself:
- Did I violate the lease by allowing them to stay?
- Should I involve the landlord—or will that backfire?
In many cases, it’s better to try handling it yourself first.
Step 3: Give a Written Notice to Move Out
If talking doesn’t work, your next step is to give a formal written notice.
This is a legal requirement in most situations.
What Your Notice Should Include
- The date
- Your roommate’s name
- The address
- A clear statement that they must move out
- A deadline
How Much Notice Should You Give?
In Colorado, this depends on the situation, but a common rule is:
At least 30 days’ notice for a month-to-month type arrangement
In some cases, shorter notices apply, especially if:
- There is illegal activity
- There are serious lease violations
Pro Tip
To protect yourself:
- Deliver the notice in person and
- Send it via certified mail
Keep a copy for your records.
Step 4: Wait for the Notice Period to End
After you give notice, you must wait.
During this time:
- Your roommate has the chance to leave voluntarily
- You cannot force them out
If they move out—great, you’re done.
If they stay past the deadline, you move to court.
Step 5: File an Eviction Case in Court
If your roommate refuses to leave, you must file an eviction case (called a Forcible Entry and Detainer action) in a Colorado county court.
What You’ll Need to Do
- Go to the county court where your property is located
- Fill out eviction forms
- Pay filing fees (usually around $85–$135)
This officially starts the legal eviction process.
Step 6: Serve the Court Papers
Once you file the case, your roommate must be formally notified.
This is called service of process.
Important Rule
You cannot serve the papers yourself.
You must use:
- A sheriff
- A process server
- Or a neutral adult (18+) not involved in the case
Methods of Service
- Personal delivery
- Leaving with another adult at the residence
- Posting on the property + mailing
Your roommate must receive the documents at least 7 days before the hearing.
Step 7: Prepare for the Court Hearing
The court will schedule a hearing, usually within 7 to 14 days.
This is your chance to explain your case to the judge.
What You Should Bring
- Lease agreement (if any)
- Written notice you gave
- Proof of delivery
- Messages or communication
- Rent records (if relevant)
- Photos or videos (if there are violations)
The more organized you are, the stronger your case.
Step 8: Attend the Hearing
At the hearing:
- You present your case
- Your roommate can respond
Possible Outcomes
- You win → eviction moves forward
- Roommate wins → case dismissed
- Case delayed → more hearings
If your roommate does not show up, you may win by default.
Step 9: Get a Writ of Restitution
If the judge rules in your favor, the court will issue a Writ of Restitution.
This is the legal order that allows removal of your roommate.
What Happens Next
- Your roommate gets 48 hours to move out
- If they don’t leave, the sheriff can remove them
You still cannot remove them yourself.
Step 10: Final Removal by the Sheriff
If your roommate stays past the 48-hour deadline:
- The sheriff will schedule a time
- They will physically remove the roommate
Only law enforcement can do this—not you.
What You Should NEVER Do
Even if you’re frustrated, avoid these mistakes:
- Changing the locks without permission
- Throwing out their belongings
- Forcing them out physically
- Turning off utilities
These actions are considered illegal eviction and can get you into serious legal trouble.
What If Your Roommate Is Dangerous?
If you feel unsafe:
- Call the police immediately
- Look into a restraining order
- Inform your landlord
Colorado law provides protections for victims of violence or threats.
Your safety always comes first.
How Long Does the Process Take in Colorado?
Eviction timelines vary, but generally:
- Notice period: 1 to 30+ days
- Court process: 1 to 2 weeks
- Move-out after judgment: 48 hours
Total time: 2 weeks to 3+ months, depending on the situation
Tips to Make the Process Easier
Here’s how you can protect yourself and avoid delays:
Keep Everything in Writing
- Notices
- Messages
- Agreements
Document Everything
- Payments
- Violations
- Conversations
Stay Organized
- Save copies of all documents
- Use email or written communication
Follow the Law Exactly
- Even small mistakes can delay your case
Should You Involve Your Landlord?
This depends on your situation.
You May Want to Involve Them If:
- They approved the roommate
- You need support
Be Careful If:
- The roommate violates your lease
Your landlord might decide to evict both of you instead.
Final Thoughts
Evicting a roommate in Colorado isn’t always simple—even if they’re not on the lease.
You need to:
- Understand their legal rights
- Follow proper notice procedures
- Go through the court if needed
The key is to stay calm, stay organized, and follow each step carefully.
If possible, try to resolve things peacefully first. But if that doesn’t work, the legal process is there to protect you—as long as you use it correctly.