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 intent is to provide the public with information and general guidelines regarding Sheriff's Office policy and procedure for executing Writs of Execution. We recommend that you personally research the statutes, or contact an attorney or the courts before proceeding with any action.
Notice (Demand) to Vacate:
The general eviction process begins when the landlord provides a written demand for the tenant to vacate. The eviction notice must be personally served to the tenant, or posted in a conspicuous place upon the premises.
If the tenant is not out of the property by the end of the time set out in the eviction notice, or fails to meet certain terms outlined in the notice, then take a copy of this notice to the San Miguel County Court at 305 W Colorado Avenue Telluride, CO 81435. There you will obtain the proper paperwork for an eviction.
Summons and Forcible Entry and Detainer
The landlord must then obtain a Summons and Forcible Entry and Detainer (S.F.E.D.) from the 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 the three-day notice you provided to the tenant as well as a copy of the lease if one was given.
Service of the summons can be completed either by the Sheriff's Office's Civil Deputy 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 the landlord is seeking a money judgment along with the actual eviction. A copy of the complaint must be served with the Summons. If no money judgment is sought, the summons and complaint may be served by posting it in a conspicuous place upon the premises after a diligent effort to make "Personal" service. Both types of service must be completed at least seven working days, not including Sundays and holidays, before the court date specified in the summons and must be evidenced by completing the return of service to the court.
Evictions (Writ of Restitution)
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 the Writ. Landlords must bring the court-ordered Writ of Restitution (two copies) and Notice of Judgment (when evicting a mobile home from a mobile home park) to the Sheriff's Office Civil Deputy. The Civil Deputy will schedule a date for the eviction with the landlord. Please be aware that there can be a waiting period of up to two weeks before the eviction can be accomplished. Only Sheriff's deputies are authorized to execute the Writ of Restitution (eviction order). Mileage is charged for each round trip to the premises and a service fee is charged for the completion of the Writ of Restitution.
Sheriff's deputies post the Writ of Restitution and Notice of Judgment (when applicable) with a date of execution at least 48 hours after the Writ of Restitution is posted and is only valid for 45 days.
The landlord is responsible for providing a sufficient number of movers to accomplish the actual, physical removal of property/vehicles from the premises within two hours and at his own expense. The landlord must be present at the scheduled time of eviction. The eviction may be cancelled if the landlord or their agent fails to attend. The Sheriff's deputy will stand by while the premise is cleared. No mobile home can be towed without meeting state statutes regarding the movement of mobile homes on public roadways.
Animals abandoned on the premises will be impounded. Any property left at the premises that is deemed to a hazard to the public (e.g. firearms, fuels, weapons, alcohol) will be impounded by the Sheriff's deputy.
Please contact the Civil Deputy for cost of an eviction service at 970-728-4442 option 4.
Find more information and the forms needed for the eviction process from the 7th Judicial District Court.