Colorado Landlord Tenant Law - Click here to return to US Landlord

State of Colorado Eviction Law and Landlord & Tenant Law
 
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 (Repealed) 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 (Repealed) 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 (Repealed)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 (Repealed) 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. on 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