Title 13, Courts and Court Procedure

0 chapters · 1,119 sections in this title.

32 sectionsFiltered byTitle 13 Ch 40

Colo. Rev. Stat. § 13-40-101 Forcible entry and detainer defined
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(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…
Colo. Rev. Stat. § 13-40-102 Forcible entry prohibited
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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. Source: L. 1885: p. 224, � 1. R.S. 08: � 2601. C.L. � 6367. CSA: C. 70, � 2. …
Colo. Rev. Stat. § 13-40-103 Forcible detention prohibited
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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. Source: L. 1885: p. 224, � 2. R.S. 08: � 2602. C.L. � 6368. CSA: C. …
Colo. Rev. Stat. § 13-40-104 Unlawful detention defined - definitions - repeal
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(1) A person has committed 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 othe…
Colo. Rev. Stat. § 13-40-105 Crops of possessor
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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 sha…
Colo. Rev. Stat. § 13-40-106 Written demand
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(1) The demand or notice required by section 13-40-104 or 38-12-1303 shall be made in writing, specifying the grounds of the demandant's right to the possession of the premises, including a specific description of the alleged violation or no-fault eviction grounds, describing the…
Colo. Rev. Stat. § 13-40-107 Notice to terminate tenancy
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(1) A landlord of nonresidential real property or a residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) or a tenant of any property or premises may terminate a periodic tenancy at the end of the tenancy period or elect to not renew a fix…
Colo. Rev. Stat. § 13-40-107.5 Termination of tenancy for substantial violation - definition - legislative declaration
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(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 unawar…
Colo. Rev. Stat. § 13-40-108 Service of notice to vacate or demand
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(1) Except as provided in subsection (2) of this section, a written notice to vacate or demand as required by section 13-40-104, 38-12-202, 38-12-204, or 38-12-1303 may be served by delivering a copy of the notice to a known tenant occupying the premises, or by leaving the copy w…
Colo. Rev. Stat. § 13-40-109 Jurisdiction of courts
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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 pursuant to this article 40, and the person entitled to the possession of any premise…
Colo. Rev. Stat. § 13-40-110 Action - how commenced - report
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(1) (a) An action pursuant to this article 40 is commenced by filing with the court a complaint in writing using the standard form of eviction complaint and affidavit for a residential tenancy that is available online through the judicial department's website to describe the prop…
Colo. Rev. Stat. § 13-40-110.5 Automatic suppression of court records - definition
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(1) As used in this section, unless the context otherwise requires, suppressed court record means a court record that is accessible only to judges; court staff; a party to the case and, if represented, the party's attorneys; authorized judicial department staff; and a person with…
Colo. Rev. Stat. § 13-40-111 Issuance and return of summons
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(1) Upon filing the complaint as required in section 13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The summons must command the defendant to appear before the court at a place named in the summons and at a time and on a day not less th…
Colo. Rev. Stat. § 13-40-112 Service
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(1) A summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons. If a defendant provides the plaintiff with written or actual notice that the defendant is a victim-survivor of unlawful sexual behavior, stalking, dome…
Colo. Rev. Stat. § 13-40-113 Answer of defendant - additional and amended pleadings
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(1) (a) The defendant shall file with the court, at or before the day specified for the defendant's appearance in the summons, an answer in writing. The defendant's answer must set forth the grounds on which the defendant bases the defendant's claim for possession, admitting or d…
Colo. Rev. Stat. § 13-40-113.5 Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers
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(1) For a residential action filed in county court pursuant to this article 40: (a) The court shall allow either party and any witness to choose to appear in person or remotely by phone or video on a platform designated by the court at any return, conference, hearing, trial, or o…
Colo. Rev. Stat. § 13-40-114 Delay in trial - undertaking
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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 …
Colo. Rev. Stat. § 13-40-115 Judgment - writ of restitution - cure period
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(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 th…
Colo. Rev. Stat. § 13-40-116 Dismissal
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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…
Colo. Rev. Stat. § 13-40-117 Appeals
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(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 a…
Colo. Rev. Stat. § 13-40-118 Deposit of rent
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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 app…
Colo. Rev. Stat. § 13-40-119 Rules of practice
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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. Source: L. 1885: p. 230, � 20…
Colo. Rev. Stat. § 13-40-120 Appellate review
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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 depo…
Colo. Rev. Stat. § 13-40-121 When deposit of rent is paid
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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. Source:…
Colo. Rev. Stat. § 13-40-122 Writ of restitution after judgment - definitions
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(1) (a) Except as provided in subsection (1)(a.5) of this section, a court shall not issue a writ of restitution upon any judgment entered in any action pursuant to this article 40 until forty-eight hours after the time of the entry of the judgment. If the writ of restitution con…
Colo. Rev. Stat. § 13-40-123 Damages
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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; except that a residential landlord or tenant who is a prevailing party shall not be entitled to recover reasonable attorney…
Colo. Rev. Stat. § 13-40-124 Qualified farm owner-tenant defined. (Repealed)
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Source: L. 86: Entire section added, p. 436, � 8, effective April 18. L. 87: (1)(f)(I), (1)(g), (3), and (4) amended and (1)(j) and (5) added, p. 1357, �� 7, 8, effective July 1; (1)(i) amended, p. 1577, � 17, effective July 10. Editor's note: Subsection (4) provided for the repe…
Colo. Rev. Stat. § 13-40-125 Rights of qualified farm owner-tenant. (Repealed)
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Source: L. 86: Entire section added, p. 437, � 8, effective April 18. L. 87: (1) to (4) amended and (3.5) and (5) added, p. 1358, �� 9, 10. Editor's note: Subsection (4) provided for the repeal of subsections (1) to (4), effective January 31, 1989. (See L. 87, p. 1358.) Subsectio…
Colo. Rev. Stat. § 13-40-125.5 Possession pursuant to agreement - enforcement. (Repealed)
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Source: L. 87: Entire section added, p. 1360, � 11, effective July 1. Editor's note: Subsection (4) provided for the repeal of this section, effective January 31, 1989. (See L. 87, p. 1360.)
Colo. Rev. Stat. § 13-40-126 Priority of proceedings. (Repealed)
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Source: L. 86: Entire section added, p. 438, � 9, effective April 18. L. 87: Entire section amended, p. 1361, � 12, effective July 1. Editor's note: Subsection (2) provided for the repeal of this section, effective January 31, 1989. (See L. 87, p. 1361.)
Colo. Rev. Stat. § 13-40-127 Eviction legal assistance - fund - rules - report - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Administrator means the state court administrator, appointed pursuant to section 13-3-101. (b) Fund means the eviction legal defense fund established in subsection (2) of this section. (c) Indigent means a pe…
Colo. Rev. Stat. § 13-40-128 Monthly residential eviction data - report - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Qualified entity means: (I) A principal department of the state described in section 24-1-110; (II) An organization in good standing with the secretary of state that is exempt from taxation under section 501(…