(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. Title 13, §13-40-101
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. Title 13, §13-40-102
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. Title 13, §13-40-103
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;
(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 that was executed by
such person, or any person under whom such person 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 or her assigns, has duly
demanded the possession thereof;
(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 or her
assigns;
(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. Title 13, §13-40-104
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. Title
13, §13-40-106
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. Title 13, §13-40-107
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 that, 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.; or
(c) Occurs on the tenant's leased premises or the common
areas, hallway, grounds, parking lot, or other area located in the
same building or complex in which the tenant's leased premises are
located and constitutes a criminal act in violation of federal or
state law or local ordinance that:
(I) Carries a potential sentence of incarceration of one
hundred eighty days or more; and
(II) Has been declared to be a public nuisance under state
law or local ordinance based on a state statute.
(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. Title 13, §13-40-107.5
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. Title
13, §13-40-108
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 toenter 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. Title 13, §13-40-109
.
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. If the action is based on
the mobile home or mobile home lot being out of compliance with
the rules and regulations adopted pursuant to section 38-12-203
(1) (c), C.R.S., the complaint shall specify that the home owner
was given thirty days from the date of service or posting of the
notice to quit to cure the noncompliance and that thirty days have
passed and the noncompliance has not been cured. Title 13, §13-40-110
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 alsocontain a statement addressed
to the defendant stating: "If you fail to file withthe 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 becomedue, for present and future
damages and costs, and for any other relief to which the
plaintiff is entitled.". Title 13, §13-40-111
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.
Title 13, §13-40-112
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. Title 13, §13-40-113
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. Title 13, §13-40-114
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. Title
13, §13-40-115
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. Title 13, §13-40-116
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. Title 13, §13-40-117
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 inlike cases determined upon the merits. Title 13, §13-40-118
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.
Title 13, §13-40-119
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.
Title 13, §13-40-120
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. Title 13, §13-40-121
Writ of restitution after judgment.
(1) 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.
(2) The officer that executes a writ of restitution under
subsection (1) of this section and the law enforcement agency that
employs such officer shall be immune from civil liability for any
damage to a tenant's personal property that was removed from the
premises during the execution of the writ. A landlord who complies
with the lawful directions of the officer executing a writ of
restitution shall be immune from civil and criminal liability for
any act or omission related to a tenant's personal property that
was removed from the premises during or after the execution of a
writ of restitution.
(3) A landlord has no duty to store or maintain a tenant's
personal property that is removed from the premises during or
after the execution of a writ of restitution. Regardless of
whether a landlord elects to store or maintain the personal
property so removed, the landlord shall have no duty to inventory
the personal property or to determine ownership of or the
condition of the personal property. Such storage shall not create
either an implied or express bailment of the personal property,
and the landlord shall be immune from liability for any loss or
damage to the personal property.
(4) A landlord who elects to store a tenant's personal
property that was removed from the premises during or after the
execution of a writ of restitution may charge the tenant the
reasonable costs of storing the personal property. To recover such
costs, the landlord may either dispose of the personal property
under any lien rights the landlord has under part 1 of article 20
of title 38, C.R.S., or the landlord may allow the tenant to
recover the personal property after paying the reasonable storage
charges incurred by the landlord. Title 13, §13-40-122
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. Title 13, §13-40-123