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State of Colorado Eviction Law
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Article 40 Forcible Entry and Detainer - General Provisions
13-40-101. Forcible entry and detainer defined.
13-40-102. Forcible entry prohibited.
13-40-103. Forcible detention prohibited.
13-40-104. Unlawful detention defined.
13-40-105. Crops of possessor.
13-40-106. Written demand.
13-40-107. Notice to quit.
13-40-107.5. Termination of tenancy for substantial violation -
definition - legislative declaration.
13-40-108. Service of notice to quit.
13-40-109. Jurisdiction of courts.
13-40-110. Action - how commenced.
13-40-111. Issuance and return of summons.
13-40-112. Service.
13-40-113. Answer of defendant - additional and amended
pleadings.
13-40-114. Delay in trial - undertaking.
13-40-115. Judgment - writ of restitution.
13-40-116. Dismissal.
13-40-117. Appeals.
13-40-118. Deposit of rent.
13-40-119. Rules of practice.
13-40-120. Appellate review.
13-40-121. When deposit of rent is paid.
13-40-122. Writ of restitution after judgment.
13-40-123. Damages.
13-40-124. Qualified farm owner-tenant defined. (Repealed)
13-40-125. Rights of qualified farm owner-tenant. (Repealed)
13-40-125.5. Possession pursuant to agreement - enforcement.
(Repealed)
13-40-126. Priority of proceedings. (Repealed)
13-40-101. Forcible entry and detainer defined.
(1) If any person enters upon or into any lands, tenements,
mining claims, or other possessions with force or strong hand or
multitude of people, whether any person is actually upon or in the
same at the time of such entry, or if any person by threats of
violence or injury to the party in possession or by such words or
actions as have a natural tendency to excite fear or apprehension
of danger gains possession of any lands, tenements, mining claims,
or other possessions and detains and holds the same, such person so
offending is guilty of a forcible entry and detainer within the
meaning of this article.
(2) If any person enters peaceably upon any lands, tenements,
mining claims, or other possessions, whether any person is actually
in or upon the same at the time of such entry and by force turns
the party in possession out or, by threats or by words or actions
which have a natural tendency to excite fear or apprehension of
danger, frightens the party out of possession and detains and holds
the same, such person so offending is guilty of a forcible detainer
within the meaning of this article.
(3) If any person enters upon or into any lands, tenements,
mining claims, or other possessions by force or by threats of
violence, or words or actions which have a natural tendency to
excite fear or apprehension of danger, and intimidates the party
entitled to possession from returning upon or possessing the same,
such person so offending is guilty of a forcible entry within the
meaning of this article.
13-40-102. Forcible entry prohibited. No person shall enter into or
upon any real property, except in cases where entry is allowed by
law, and in such cases not with strong hand or with a multitude of
people, but only in a peaceable manner.
13-40-103. Forcible detention prohibited. No person, having
peaceably entered into or upon any real property without right to
the possession thereof, shall forcibly hold or detain the same as
against the person who has a lawful right to such possession.
13-40-104. Unlawful detention defined.
(1) Any person is guilty of an unlawful detention of real
property in the following cases:
(a) When entry is made, without right or title, into any
vacant or unoccupied lands or tenements;
(b) When entry is made, wrongfully, into any public lands,
tenements, mining claims, or other possessions which are claimed or
held by a person who may have located, entered, or settled upon the
same in conformity with the laws, rules, and regulations of the
United States, or of this state, in relation thereto;
(c) When any lessee or tenant at will, or by sufferance,
or for any part of a year, or for one or more years, of any real
property, including a specific or undivided portion of a building
or dwelling, holds over and continues in possession of the demised
premises, or any portion thereof, after the expiration of the term
for which the same were leased, or after such tenancy, at will or
sufferance, has been terminated by either party, except as provided in subsection (2) of this section;
(d) When such tenant or lessee holds over without
permission of his landlord after any default in the payment of rent
pursuant to the agreement under which he holds, and three days'
notice in writing has been duly served upon the tenant or lessee
holding over, requiring in the alternative the payment of the rent
or the possession of the premises. No such agreement shall contain
a waiver by the tenant of the three days' notice requirement of
this paragraph (d). It shall not be necessary, in order to work a
forfeiture of such agreement, for nonpayment of rent, to make a
demand for such rent on the day on which the same becomes due; but
a failure to pay such rent upon demand, when made, works a
forfeiture.
(d.5) When such tenant or lessee holds over, without the
permission of the landlord, contrary to any condition or covenant
the violation of which is defined as a substantial violation in
section 13-40-107.5, and notice in writing has been duly served
upon such tenant or lessee in accordance with section 13-40-107.5;
(e) When such tenant or lessee holds over, without such
permission, contrary to any other condition or covenant of the
agreement under which such tenant or lessee holds, and three days'
notice in writing has been duly served upon such tenant or lessee
requiring in the alternative the compliance with such condition or
covenant or the delivery of the possession of the premises so held;
(e.5) (I) When a tenant or lessee has previously been
served with the notice described in paragraph (e) of this
subsection (1) requiring compliance with a condition or covenant of
the agreement, and subsequent to that notice holds over, without
permission of the tenant or lessee's landlord, contrary to the same
condition or covenant.
(II) A tenancy may be terminated at any time
pursuant to this paragraph (e.5) on the basis of a subsequent
violation. The termination shall be effective three days after
service of written notice to quit.
(f) When the property has been duly sold under any power
of sale, contained in any mortgage or trust deed which was executed
by such person, or any person under whom he claims by title
subsequent to date of the recording of such mortgage or trust deed,
and the title under such sale has been duly perfected and the
purchaser at such sale, or his assigns, has duly demanded the
possession thereof, except as provided in subsection (2) of this
section;
(g) When the property has been duly sold under the
judgment or decree of any court of competent jurisdiction and the
party or privies to such judgment or decree, after the expiration
of the time of redemption when redemption is allowed by law,
refuses or neglects to surrender possession thereof after demand
therefor has been duly made by the purchaser at such sale, or his
assigns, except as provided in subsection (2) of this section;
(h) When an heir or devisee continues in possession of any
premises sold and conveyed by any personal representative with
authority to sell, after demand therefor is duly made;
(I) When a vendee having obtained possession under an
agreement to purchase lands or tenements, and having failed to
comply with his agreement, withholds possession thereof from his
vendor, or assigns, after demand therefor is duly made.
(2) and (3) Repealed.
13-40-105. Crops of possessor.
In all cases arising under section 13-40-104 (1) (c) to (1) (i),
the person in possession is entitled to cultivate and gather the
crops, if any, planted or sown by him previous to the service of
the demand to deliver up possession, and then grown or growing on
the premises, and shall have the right to enter such premises for
the purpose of cultivating or removing such crops, first paying or
tendering to the party entitled to the possession of said premises
a reasonable compensation for the use of the land before removing
such crops.
13-40-106. Written demand. The demand required by section 13-40-104
shall be made in writing, specifying the grounds of the demandant's
right to the possession of such premises, describing the same, and
the time when the same shall be delivered up, and shall be signed
by the person claiming such possession, his agent, or his attorney.
13-40-107. Notice to quit.
(1) A tenancy may be terminated by notice in writing, served
not less than the respective period fixed before the end of the
applicable tenancy, as follows:
(a) A tenancy for one year or longer, three months;
(b) A tenancy of six months or longer but less than a
year, one month;
(c) A tenancy of one month or longer but less than six
months, ten days;
(d) A tenancy of one week or longer but less than one
month, or a tenancy at will, three days;
(e) A tenancy for less than one week, one day.
(2) Such notice shall describe the property and the particular
time when the tenancy will terminate and shall be signed by the
landlord or tenant, the party giving such notice or his agent or
attorney.
(3) Any person in possession of real property with the assent
of the owner is presumed to be a tenant at will until the contrary
is shown.
(4) No notice to quit shall be necessary from or to a tenant
whose term is, by agreement, to end at a time certain.
(5) Except as otherwise provided in section 38-33-112, C.R.S.,
the provisions of subsections (1) and (4) of this section shall not
apply to the termination of a residential tenancy during the
ninety-day period provided for in said section.
13-40-107.5. Termination of tenancy for substantial violation -
definition - legislative declaration.
(1) The general assembly finds and declares that:
(a) Violent and antisocial criminal acts are increasingly
committed by persons who base their operations in rented homes,
apartments, and commercial properties;
(b) Such persons often lease such property from owners
who are unaware of the dangerous nature of such persons until after
the persons have taken possession of the property;
(c) Under traditional landlord and tenant law, such
persons may have established the technical, legal right to occupy
the premises for a fixed term which continues long after they have
demonstrated themselves unfit to coexist with their neighbors and
co-tenants; furthermore, such persons often resist eviction as long
as possible;
(d) In certain cases it is necessary to curtail the
technical, legal right of occupancy of such persons in order to
protect the equal or greater rights of neighbors and co-tenants,
the interests of property owners, the values of trust and community
within neighborhoods, and the health, safety, and welfare of all
the people of this state.
(2) It is declared to be an implied term of every lease of real
property in this state that the tenant shall not commit a
substantial violation while in possession of the premises.
(3) As used in this section, "substantial violation" means any
act or series of acts by the tenant or any guest or invitee of the
tenant which, when considered together:
(a) Occurs on or near the premises and endangers the
person or willfully and substantially endangers the property of the
landlord, any co-tenant, or any person living on or near the
premises; or
(b) Occurs on or near the premises and constitutes a
violent or drug-related felony prohibited under article 3, 4, 6, 7,
9, 10, 12, or 18 of title 18, C.R.S.
(4) (a) A tenancy may be terminated at any time on the basis
of a substantial violation. The termination shall be effective
three days after service of written notice to quit.
(b) The notice to quit shall describe the property, the
particular time when the tenancy will terminate, and the grounds
for termination. The notice shall be signed by the landlord or by
the landlord's agent or attorney.
(5) (a) In any action for possession under this section, the
landlord has the burden of proving the occurrence of a substantial
violation by a preponderance of the evidence.
(b) In any action for possession under this section, it
shall be a defense that:
(I) The tenant is a victim of domestic violence that
has been documented by the filing of a police report or the
issuance of a restraining order and the domestic violence is the
basis for the termination notice; or
(II) The tenant did not know of, and could not
reasonably have known of or prevented, the commission of a
substantial violation by a guest or invitee but immediately
notified a law enforcement officer of his knowledge of the
substantial violation.
13-40-108. Service of notice to quit. A notice to quit or demand
for possession of real property may be served by delivering a copy
thereof to the tenant or other person occupying such premises, or
by leaving such copy with some person, a member of the tenant's
family above the age of fifteen years, residing on or in charge of
the premises, or, in case no one is on the premises at the time
service is attempted, by posting such copy in some conspicuous
place on the premises.
13-40-109. Jurisdiction of courts. The district courts in their
respective districts and county courts in their respective counties
have jurisdiction of all cases of forcible entry, forcible
detainer, or unlawful detainer arising under this article, and the
person entitled to the possession of any premises may recover
possession thereof by action brought in any of said courts in
the manner provided in this article. On and after January 1, 1991,
in all actions brought before county courts under section
13-40-104 (1) (f) to (1) (i), where the allegations of the
complaint are put in issue by a verified answer and in actions in
which the verified answer alleges a monthly rental value of the
property in excess of ten thousand dollars, the county court, upon
the filing of said answer, shall suspend all proceedings therein
and certify said cause and transmit the papers therein to the
district court of the same county. Causes so certified by the
county court shall be proceeded within the courts to which they
have been so certified in all respects as if originally begun in
the court to which they have been certified. On and after
January 1, 1991, the jurisdiction of the county court to enter
judgment for rent, or damages, or both and to render judgment on a
counterclaim in forcible entry and detainer shall be limited to a
total of ten thousand dollars in favor of either party, exclusive
of costs and attorney fees.
13-40-110. Action - how commenced.
(1) An action under this article is commenced by filing with
the court a complaint in writing describing the property with
reasonable certainty, the grounds for the recovery thereof, the
name of the person in possession or occupancy, and a prayer for
recovery of possession. The complaint may also set forth the amount
of rent due, the rate at which it is accruing, the amount of
damages due, and the rate at which they are accruing and may
include a prayer for rent due or to become due, present and future
damages, costs, and any other relief to which plaintiff is
entitled.
(2) In an action for termination of a tenancy in a mobile home
park, the complaint, in addition to the requirements of subsection
(1) of this section, shall specify the particular reasons for
termination as such reasons are stated in section 38-12-203, C.R.S.
Such complaint shall specify the approximate time, place, and
manner in which the tenant allegedly committed the acts giving rise
to the complaint.
13-40-111. Issuance and return of summons. Upon filing the
complaint as provided in section 13-40-110, the clerk of the court
or the attorney for the plaintiff shall issue a summons. The
summons shall command the defendant to appear before the court at a
place named in such summons and at a time and on a day which shall
be not less than five days nor more than ten days from the day of
issuing the same to answer the complaint of plaintiff. The
summons shall also contain a statement addressed to the defendant
stating:
"If you fail to file with the court, at or before the time for
appearance specified in the summons, an answer to the complaint
setting forth the grounds upon which you base your claim for
possession and denying or admitting all of the material allegations
of the complaint, judgment by default may be taken against you for
the possession of the property described in the complaint, for the
rent, if any, due or to become due, for present and future damages
and costs, and for any other relief to which the plaintiff is
entitled.".
13-40-112. Service.
(1) Such summons may be served by personal service as in any
civil action. A copy of the complaint must be served with the
summons.
(2) If personal service cannot be had upon the defendant by a
person qualified under the Colorado rules of civil procedure to
serve process, after having made diligent effort to make such
personal service, such person may make service by posting a copy of
the summons and the complaint in some conspicuous place upon the
premises. In addition thereto, the plaintiff shall mail, no later
than the next day following the day on which he files the
complaint, a copy of the summons, or, in the event that an alias
summons is issued, a copy of the alias summons, and a copy of the
complaint to the defendant at the premises by postage prepaid,
first-class mail.
(3) Personal service or service by posting shall be made at
least five days before the day for appearance specified in such
summons, and the time and manner of such service shall be endorsed
upon such summons by the person making service thereof.
13-40-113. Answer of defendant - additional and amended pleadings.
(1) The defendant shall file with the court, at or before the
time specified for his appearance in the summons, an answer in
writing setting forth the grounds on which he bases his claim for
possession and admitting or denying all of the material allegations
of the complaint and presenting every defense which then exists and
upon which he intends to rely, either by including the same in his
answer or by filing simultaneously therewith motions setting forth
every such defense.
(2) The court for good cause may permit the filing of
additional and amended pleadings where such will not result in
delay prejudicial to the defendant.
13-40-114. Delay in trial - undertaking. If either party requests a
delay in trial longer than five days, the court in its discretion
may, upon good cause shown, require either of the parties to give
bond or other security approved and fixed by the court in an amount
for the payment to the opposite party of such sum as he may be
damaged due to the delay.
13-40-115. Judgment - writ of restitution.
(1) Upon the trial of any action under this article if service
was had only by posting in accordance with section 13-40-112 (2) and if the court finds that the defendant has committed an
unlawful detainer, the court shall enter judgment for the plaintiff
to have restitution of the premises and shall issue a writ of
restitution. The court may also continue the case for further
hearing from time to time and may issue alias and pluries summonses
until personal service upon the defendant is had.
(2) Upon such trial or further hearing under this article after
personal service is had upon the defendant in accordance with
section 13-40-112 (1), if the court or jury has not already tried
the issue of unlawful detainer, it may do so, and, if it finds that
the defendant has committed an unlawful detainer, the court shall
enter judgment for the plaintiff to have restitution of the
premises and shall issue a writ of restitution. In addition to such
judgment for restitution, the court or jury shall further find the
amount of rent, if any, due to the plaintiff from the defendant at
the time of trial, the amount of damages, if any, sustained by
the plaintiff to the time of the trial on account of the unlawful
detention of the property by the defendant, and damages sustained
by the plaintiff to the time of trial on account of injuries to the
property, and judgment shall enter for such amounts, together with
reasonable attorney's fees and costs, upon which judgment execution
shall issue as in other civil actions. Nothing in this section
shall be construed to permit the entry of judgment in excess of
the jurisdictional limit of the court.
13-40-116. Dismissal. If the plaintiff's action brought for any of
the causes mentioned in this article, upon the trial thereon, is
dismissed or the action fails to prove the plaintiff's right to the
possession of the premises described in the complaint, the
defendant shall have judgment and execution for his costs.
13-40-117. Appeals.
(1) If either party feels aggrieved by the judgment rendered in
such action before the county court, he may appeal to the district
court, as in other cases tried before the county court, with the
additional requirements provided in this article.
(2) Upon the court's taking such appeal, all further
proceedings in the case shall be stayed, and the appellate court
shall thereafter issue all needful writs and process to carry out
any judgment which may be rendered thereon in the appellate court.
(3) If the appellee believes that he may suffer serious
economic harm during the pendency of the appeal, he may petition
the court taking the appeal to order that an additional undertaking
be required of the appellant to cover the anticipated harm. The
court shall order such undertaking only after a hearing and upon a
finding that the appellee has shown a substantial likelihood of
suffering such economic harm during the pendency of the appeal and
that he will not adequately be protected under the appeals bond and
the other requirements for appeal pursuant to sections 13-40-118,
13-40-120, and 13-40-123.
13-40-118. Deposit of rent. In all appeals from the judgment of a
county court, in an action founded upon section 13-40-104 (1) (d),
the defendant, at the time of the filing thereof, shall deposit
with the court the amount of rent found due and specified in such
judgment. Unless such deposit is made, the appeal is not perfected,
and proceedings upon such judgment shall thereupon be had
accordingly. If the appeal is perfected, the court shall transmit
such deposit to the clerk of the appellate court, with the
papers in such case; and the appellant thereafter, at the time when
the rents become due as specified in the judgment appealed from and
as often as the same become due, shall deposit the amount thereof
with the clerk of such appellate court. In case the appellant, at
any time during the pendency of such appeal and before final
judgment therein, neglects or fails to make any deposit of rent,
falling due at the time specified in the judgment appealed from,
the court in which such appeal is pending, upon such fact being
made to appear and upon motion of the appellee, shall affirm the
judgment appealed from with costs; and proceedings thereupon shall
be had as in like cases determined upon the merits.
13-40-119. Rules of practice. In all actions brought under any
provision of this article in any court, the proceedings shall be
governed by the rules of practice and the provisions of law
concerning civil actions in such court, except as may be otherwise
provided in this article.
13-40-120. Appellate review. Appellate review of the judgment of
the district courts of this state, in proceedings under this
article, is allowed as provided by law and the Colorado appellate
rules. In cases of appeal from judgments founded upon causes of
action embraced in section 13-40-104 (1) (d), the deposit of rent
money during pendency of appeal shall be made, or judgment of
affirmance shall be entered, in the manner provided in
section 13-40-118.
13-40-121. When deposit of rent is paid. The rent money deposited,
as provided for in this article, shall be paid to the landlord
entitled thereto, upon the order of the court wherein the same is
deposited and at such time and in such manner as the court
determines necessary to protect the rights of the parties.
13-40-122. Writ of restitution after judgment. No writ of
restitution shall issue upon any judgment entered in any action
under the provisions of this article out of any court until after
the expiration of forty-eight hours from the time of the entry of
such judgment; and such writs shall be executed by the officer
having the same only in the daytime and between sunrise and
sunset.
13-40-123. Damages. The prevailing party in any action brought
under the provisions of this article is entitled to recover
damages, reasonable attorney fees, and costs of suit. Nothing in
this section shall be construed to permit the entry of judgments in
any single proceeding in excess of the jurisdictional limit of said
court.
13-40-124. Qualified farm owner-tenant defined. (Repealed)
13-40-125. Rights of qualified farm owner-tenant. (Repealed)
13-40-125.5. Possession pursuant to agreement - enforcement.
(Repealed)
13-40-126. Priority of proceedings. (Repealed)
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