Writ of Restitution in Colorado: The 48-Hour Rule, the Ten-Day Wait, Belongings and Appeals
The last step of a Colorado eviction is the writ of restitution. Here is when it can issue, when an officer can execute it, how it affects belongings and pets and how an appeal changes it.
What is a writ of restitution in Colorado?
The court order, issued after a judgment for possession, that directs an officer to put the landlord back in possession. A court shall not issue a writ of restitution until forty-eight hours after the entry of judgment, and an officer shall not execute a writ concerning a residential tenancy until at least ten days after entry of judgment (C.R.S. 13-40-122(1)).
When is it thirty days?
The officer may not execute a residential writ until at least thirty days after entry of judgment if the tenant receives SSI, SSDI or Colorado Works cash assistance, as specified in the writ, except after a judgment for a substantial violation and except for a landlord with five or fewer single-family rental homes and no more than five total rental units, including single-family homes (13-40-122(1)).
When can the officer act?
Only in the daytime, between sunrise and sunset. The writ may be executed by the county sheriff’s office, on or off duty, at the rates the sheriff charges (13-40-122(1)(b), (c)). A writ remains in effect for 49 days after issuance and then expires automatically (13-40-115(3)). The Colorado eviction timeline calculator shows the first day and the expiry.
What happens to belongings and pets?
The officer must immediately inspect the premises for pets: if the tenant is present, the pets are given to the tenant; if not, the officer contacts animal control, and no pet may be left unattended on public or private property (13-40-122(2.5)). A landlord has no duty to store the tenant’s other property removed during or after execution, but if it chooses to, it may charge reasonable storage costs and either dispose of the property under its lien rights or let the tenant recover it after paying (13-40-122(3), (4)).
Does an appeal stop the writ?
Taking an appeal stays all further proceedings in the case. In an appeal from a nonpayment judgment the tenant must deposit the rent found due, or the appeal is not perfected, and must keep depositing rent as it falls due; if the tenant misses a deposit, the appellate court affirms the judgment on motion (13-40-117; 13-40-118).
Can the tenant still pay before the writ?
For nonpayment, the right to pay all amounts due runs until the judge issues a judgment for possession (13-40-115(4)). After a judgment, any reinstatement is a matter for the landlord and the court. Talk to a licensed Colorado attorney immediately if a judgment has been entered.
Example: from judgment to the writ
| When | What can happen |
|---|---|
| Day 0 | Judgment for possession is entered |
| Day 2 | The court may issue the writ, 48 hours after judgment |
| Day 10 | The earliest an officer can execute a residential writ (day 30 for an SSI, SSDI or Colorado Works recipient, with exceptions) |
| Day 51 | The writ expires 49 days after issuance, if issued on day 2 |
What each side should do before the officer acts
A tenant who wants to avoid the lockout can vacate, ask a licensed attorney about an appeal or a stay, or settle with the landlord in writing. A landlord should coordinate with the sheriff, keep the writ and judgment and not change locks or cut utilities before the officer acts.
Frequently asked questions
How soon can a writ of restitution be executed in Colorado?
Not earlier than ten days after judgment for a residential tenancy, or thirty days for a tenant who receives SSI, SSDI or Colorado Works cash assistance, with exceptions.
How long is a writ valid?
49 days after it is issued.
Can an officer remove a tenant at night?
No. A writ may be executed only between sunrise and sunset.
Does the landlord have to store my belongings?
No. A landlord has no duty to store or inventory them but may do so and charge reasonable costs.
What happens to my pets?
The officer inspects for pets and gives them to the tenant, or contacts animal control; they cannot be left unattended.
Official sources
- C.R.S. 13-40-122: writ of restitution after judgment
- C.R.S. 13-40-115: judgment; writ
- C.R.S. 13-40-117: appeals
- C.R.S. 13-40-118: deposit of rent on appeal
A local landlord-tenant attorney can review your situation — many offer a free consultation.
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.