Can a Landlord Evict Without a Court Order in Colorado? Lockouts and Utility Shutoffs

By the FigureMyTax Editorial Team · How we calculate

A Colorado landlord who locks a tenant out or cuts off utilities without going through the court breaks the law. Here is what the statute says the tenant can recover and how a lawful eviction ends.

Can a Colorado landlord lock a tenant out or cut the utilities?

No. It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal is consistent with the illegal drug laboratory cleanup rules, is by mutual consent, or the unit has been abandoned, as shown by the return of keys, the substantial removal of the tenant’s property, notice by the tenant or an extended absence while rent remains unpaid. Unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows or locks other than for repair or maintenance (C.R.S. 38-12-510(1)).

What can the tenant recover?

A tenant may bring a civil action in a county or district court to restrain further violations and recover damages, costs and reasonable attorney fees. In the case of a violation the tenant must be awarded statutory damages equal to the tenant’s actual damages and the higher amount of either three times the monthly rent or $5,000, plus any other damages, fees and costs (38-12-510(2)).

How does a lawful eviction end?

With a judgment and a writ of restitution. A court may not issue the writ until 48 hours after the judgment, and the officer may not execute a residential writ until at least ten days after entry of judgment (thirty days for a tenant who receives SSI, SSDI or Colorado Works cash assistance, with exceptions), and only in the daytime between sunrise and sunset (13-40-122). See the writ of restitution in Colorado.

What happens to belongings after a writ?

A landlord has no duty to store or maintain the tenant’s personal property removed during or after the execution of a writ, and no duty to inventory it, and storage creates no bailment. A landlord that elects to store it may charge reasonable storage costs, and either dispose of it under any lien rights or let the tenant recover it after paying the charges (13-40-122(3), (4)). The officer must inspect for pets and see that they are given to the tenant or taken to animal control (13-40-122(2.5)).

Is retaliation also prohibited?

Yes. A landlord may not retaliate against a tenant who makes a good-faith complaint about a habitability condition, organizes a tenants’ association or exercises tenant remedies, by raising rent, decreasing services, terminating or not renewing, threatening an eviction case, or charging fees (38-12-509). A tenant may raise retaliation as a defense to an action for possession.

What should a tenant do after a lockout?

Write down the date and time, take photographs, keep any notice or messages, and contact a licensed Colorado attorney, legal aid or the county court clerk promptly. Keep a record of any belongings and of any services that were cut off. The Colorado eviction notice calculator helps you check whether the landlord’s notice period had ended.

What a landlord should do instead

Serve a written notice that fits the reason, wait for the period to run, file the complaint, serve the summons, obtain a judgment and have the writ executed by an officer. The Colorado eviction timeline calculator shows the earliest dates for each step. A landlord that cuts utilities or removes locks owes at least the higher of three months’ rent or $5,000 on top of actual damages.

Frequently asked questions

Official sources

• C.R.S. 38-12-510: unlawful removal or exclusion
• C.R.S. 38-12-509: prohibition on retaliation
• C.R.S. 13-40-122: writ of restitution after judgment

This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.