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 […]
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. […]
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. 70, § 3. […]
Any person is guilty of an unlawful detention of real property in the following cases: When entry is made, without right or title, into any vacant or unoccupied lands or tenements; When entry is made, wrongfully, into any public lands, tenements, mining claims, or other possessions which are claimed or held by a person who […]
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 […]
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. Source: L. 1885: […]
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 tenancy for one year or longer, ninety-one days; A tenancy of six months or longer but less than a year, twenty-eight days; A tenancy of one month or […]
The general assembly finds and declares that: Violent and antisocial criminal acts are increasingly committed by persons who base their operations in rented homes, apartments, and commercial properties; 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 […]
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 […]
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 premises may recover possession thereof by action brought in any of said courts […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, § […]
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, […]
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 […]
