§ 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 […]
§ 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. Source: L. 1885: p. 231, § […]
§ 13-40-122. Writ of Restitution After Judgment
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. A writ of restitution 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; except that a residential landlord or tenant who is a prevailing party shall not be entitled to recover reasonable attorney fees unless the residential rental agreement between the parties contains […]
§ 13-40-127. Eviction Legal Assistance – Fund – Rules – Report – Definitions – Repeal
As used in this section, unless the context otherwise requires: “Administrator” means the state court administrator, appointed pursuant to section 13-3-101. “Fund” means the eviction legal defense fund established in subsection (2) of this section. “Indigent” means a person whose income does not exceed two hundred percent of the family federal poverty guidelines, adjusted for […]
§ 13-40-110. Action – How Commenced
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, […]
§ 13-40-110.5. Automatic Suppression of Court Records – Definition
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 a valid court order authorizing access to the court record. Upon […]
§ 13-40-111. Issuance and Return of Summons
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 than seven days […]
§ 13-40-112. Service
Such summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons. 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 […]
§ 13-40-113. Answer of Defendant – Additional and Amended Pleadings
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 denying all of the material allegations of the complaint, and presenting […]