Found Pets During a Denver Eviction — Colorado Law and What Happens Next

HB23-1068 · Animal Protocol · Documented

Found Pets During a Denver Eviction — Colorado Law and What Happens Next

Colorado law requires the sheriff to check for animals before any eviction cleanout begins. Here is our documented protocol when pets are found in an evicted unit.

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✓ HB23-1068 Compliant
✓ Timestamped Video
✓ Animal Control Coordination
Quick Answer

Colorado HB23-1068 requires the sheriff to check for live animals before any eviction cleanout proceeds. If pets are found and the tenant is absent, animal control must be contacted — not the cleanout crew. Our protocol: identify animals, stop work in that area, let the sheriff and animal control handle custody, document everything on timestamped video, and resume cleanout only after the unit is cleared. Call (303) 324-6014 for eviction cleanout coordination.

Colorado Law: HB23-1068 — Sheriff Must Check for Pets

House Bill 23-1068, signed into Colorado law in 2023, changed the eviction process for properties where animals may be present. The law is specific:

  • The sheriff executing the writ must check for live animals before the cleanout crew enters.
  • If the tenant is absent and animals are present, the sheriff must contact animal control — not leave them with the cleanout crew, the landlord, or the property manager.
  • Animal control takes custody and attempts to contact the tenant for retrieval.
  • No cleanout crew is authorized to handle, move, or transport animals under any circumstance.

This is not optional. Violations create liability for the landlord, the property management company, and potentially the cleanout crew. We follow this law on every job.

JSD Protocol: Pets Found During Eviction Cleanout

Our crew follows a 7-step documented protocol when animals are identified in an evicted unit. No exceptions.

1
Crew Identifies Animals During Walkthrough
Before any removal begins, our crew lead does a full walkthrough. If any live animals are seen, heard, or suspected (cages, tanks, enclosures), the crew lead reports immediately.
2
STOP. Do Not Touch Animals.
Full stop. No crew member touches, moves, feeds, or interacts with any animal. This is a legal requirement, not a suggestion. The animal stays exactly where it is.
3
Sheriff Handles Pet Custody
The on-site sheriff (or deputy) is responsible for animal custody under HB23-1068. If the tenant is present, the tenant takes their animals. If absent, the sheriff contacts animal control.
4
Animal Control Called if Tenant Absent
Denver Animal Protection responds to eviction calls. Response time varies — typically 30 minutes to 2 hours depending on the day. We do not leave the property while waiting.
5
Cleanout Proceeds in Other Areas
While waiting for animal control, our crew works in rooms and areas without animals. We do not enter any room where an animal is present until animal control has cleared it.
6
Everything Documented on Timestamped Video
From the moment animals are identified: video recording of animal condition, location, species, and the handoff to animal control or the tenant. This protects the landlord from animal cruelty allegations.
7
Resume Full Cleanout After Animal Control Clears
Once animal control has removed all animals and confirmed the unit is clear, our crew enters the remaining areas and completes the full cleanout. No additional mobilization fee for the wait.

Types of Animals We Encounter in Denver Evictions

This is not theoretical. We encounter animals on eviction cleanouts regularly. Here is what our crews have documented:

Dogs
Most common. Can be aggressive in unfamiliar situations. Crew never approaches. Sheriff and animal control handle all contact.
Cats
Often hiding. May not be visible during initial walkthrough. Check closets, under furniture, inside cabinets before beginning removal.
Fish Tanks
Live fish require animal control. Abandoned tanks with standing water are a water damage and mold risk. Document tank condition and water level.
Reptiles & Birds
Snakes, lizards, parrots, parakeets. Often in enclosures. Animal control handles all exotic species. Do not open enclosures.
Occasionally: Livestock
In rural Denver metro properties — chickens, goats, rabbits. Same protocol applies. Animal control handles all livestock. If the property has outbuildings, every structure gets checked before cleanout begins.

Eviction Cleanout Pricing

Studio / 1BR
$495–$895
2-3 Bedroom
$895–$1,500
Full House
$1,500–$2,500

Sheriff-present service: $150/person, 2-hour minimum, deposit required.

Animal encounters do not add cost to the cleanout — we work other areas while waiting. Full eviction cleanout pricing breakdown here.

Pets During Eviction FAQ

What does Colorado law require about pets during eviction?
HB23-1068 requires the sheriff executing the writ of restitution to check for live animals before the cleanout begins. If animals are found and the tenant is absent, the sheriff must contact animal control. The cleanout crew is not authorized to handle, move, or transport any animals.
Who handles the pets — the cleanout crew or animal control?
Animal control. Never the cleanout crew. Under HB23-1068, animal custody is handled by the sheriff and animal control. Our crew identifies and documents animal presence, then stops work in that area until animal control clears it. We do not touch, move, feed, or interact with any animal.
What about fish tanks left behind in an eviction?
Live fish are treated the same as any other animal — animal control handles them. The bigger concern for landlords is the tank itself. Abandoned fish tanks with standing water create water damage and mold risk. We document the tank condition on video, and once animal control removes live fish, we drain and remove the tank. If water has leaked, we document the damage for your insurance claim.
What if a pet found during eviction is aggressive?
Our crew does not approach any animal, aggressive or not. If a dog is loose and aggressive, we evacuate that area of the unit immediately and the sheriff contacts animal control with a note about the animal's behavior. Animal control has equipment and training for aggressive animals. Our crew works in other areas of the property until the situation is resolved.
Does finding pets during eviction increase the cleanout cost?
No. We do not charge extra for animal encounters. While waiting for animal control, our crew works in other rooms and areas that are clear. The only scenario where cost could increase is if animal waste or damage requires additional cleanup beyond standard cleanout — and we document that separately with photos before beginning.
How does JSD document animal encounters for the landlord?
Timestamped video from the moment animals are identified: species, condition, location in the unit, and the handoff to animal control or the tenant. This is included in your documentation package at no extra cost. This protects the landlord from animal cruelty or neglect allegations and provides evidence for deposit disputes.
What if the tenant left pet waste throughout the unit?
Pet waste cleanup is part of our standard eviction cleanout if the volume is manageable. If the unit has severe contamination — feces in every room, urine-soaked carpets, ammonia smell — that crosses into biohazard territory. We document the conditions and refer to our biohazard partner Bio-One Denver (303) 946-8834 for remediation before we do the cleanout.
Can the landlord keep the tenant's pets after eviction?
No. Under HB23-1068, animal custody goes through animal control, not the landlord. The tenant has a window to reclaim their animals from animal control. The landlord has no legal authority to keep, rehome, or surrender a tenant's animals. This is why documentation matters — it proves the landlord followed the law.

Eviction With Animals? We Have the Protocol.

HB23-1068 compliant. Fully documented. Call before the writ is executed.

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