§ 13-40-115. Judgment – Writ of Restitution – Cure Period
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 […]
§ 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. Source: L. 1885: p. 229, § […]
§ 13-40-117. Appeals
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. Upon the court’s taking such appeal, all further proceedings in the case shall be stayed, […]
§ 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 […]
§ 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. Source: L. 1885: p. 230, § 20. R.S. 08: § 2620. C.L. […]
§ 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 […]