Forcible Entry and Detainer - General Provisions

C.R.S. tit. 13, art. 40

in effect

C.R.S. § 13-40-101 Forcible entry and detainer defined

13-40-101. Forcible entry and detainer defined. (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 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.

C.R.S. § 13-40-102 Forcible entry prohibited

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.

C.R.S. § 13-40-103 Forcible detention prohibited

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.

C.R.S. § 13-40-104 Unlawful detention defined - definitions

13-40-104. Unlawful detention defined - definitions. (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 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 at sufferance, or for any period of time, of any nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), including a specific or undivided portion of a building, holds over and continues in possession of the nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), or any portion thereof, after the expiration of the term for which the nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) was leased or after the tenancy has been terminated by either party; (d) When such tenant or lessee holds over without permission of the tenant's or lessee's landlord after any default in the payment of rent pursuant to the agreement under which the tenant or lessee holds, and, ten 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; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required pursuant to this section, and for an exempt residential agreement, five days' notice is required pursuant to this section. No such agreement shall contain a waiver by the tenant of the notice requirement of this subsection (1)(d). It is not 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 a tenant or lessee holds over without permission, contrary to any material condition or covenant of the agreement under which the tenant or lessee holds, and ten days' notice in writing has been duly served upon the tenant or lessee requiring either compliance with the condition or covenant or the delivery of the possession of the premises; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required, and for an exempt residential agreement, five days' notice is required; (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. an exempt residential agreement, five days' notice is required; (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 pursuant to a residential agreement may be terminated at any time pursuant to this subsection (1)(e.5) on the basis of a subsequent violation of the same condition or covenant of the agreement. The termination of a residential tenancy is effective ten days after service of written notice to terminate tenancy. Notwithstanding any other provision of this subsection (1)(e.5)(II), a tenancy pursuant to a nonresidential agreement, an exempt residential agreement, or an employer-provided housing agreement may be terminated at any time pursuant to this subsection (1)(e.5) on the basis of a subsequent violation. The termination of a nonresidential tenancy or an employer-provided housing tenancy is effective three days after service of written notice to terminate tenancy, and the termination of a tenancy pursuant to an exempt residential agreement is effective five days after service of written notice to terminate tenancy. (e.8) When a tenant holds over and maintains possession of a residential premises after the landlord has properly initiated a no-fault eviction by satisfying the notice requirements and other requirements associated with the no-fault eviction, as described in section 38-12-1303 (3); (f) When the property has been duly sold under any power of sale, contained in any mortgage or trust deed that was executed by such person, or any person under whom such person 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 or her assigns, has duly demanded the possession thereof; (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, refuse or neglect to surrender possession thereof after demand therefor has been duly made by the purchaser at such sale, or his or her assigns; (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. r 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. (j) (I) When a tenant or lessee holds over without permission of the landlord after the tenant or lessee has engaged in conduct that is disturbing others or causing a nuisance, which conduct interferes with the quiet enjoyment of the landlord, if the landlord lives in the same or an immediately adjacent property, or of others who reside in an immediately adjacent property, or of other tenants or occupants of the same property, or the tenant or lessee by reason of negligence damaged the housing accommodation, and ten days' notice in writing has been duly served upon the tenant or lessee, which notice contains a description of the specific conduct that disturbed others or caused a nuisance, requiring in the alternative cessation of the conduct that is disturbing others or causing a nuisance that interferes with the quiet enjoyment of the landlord, if the landlord lives in the same or immediately adjacent property, or other tenants or occupants of the same property, or maliciously or by reason of negligence damaged the housing accommodation or possession of the premises so held; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required pursuant to this subsection (1)(j), and for an exempt residential agreement, five days' notice is required pursuant to this section. (II) The lawful exercise by a tenant of any rights pursuant to any law or rule relating to occupancy of a property, including this subsection (1)(j), shall not be deemed to interfere with the quiet enjoyment of the landlord or other tenants or other ground for eviction pursuant to this subsection (1)(j). (III) It shall not constitute a nuisance or disturbance for purposes of this subsection (1)(j) if a victim of domestic violence is being accused of causing a disturbance or nuisance as a direct result of being a victim of domestic violence. This exception applies only to victims of domestic violence and not to perpetrators. (2) and (3) Repealed. (4) (a) It shall not constitute an unlawful detention of real property as described in paragraph (d.5), (e), or (e.5) of subsection (1) of this section if the tenant or lessee is the victim of domestic violence, as that term is defined in section 18-6-800.3, C.R.S., or of domestic abuse, as that term is defined in section 13-14-101 (2), which domestic violence or domestic abuse was the cause of or resulted in the alleged unlawful detention and which domestic violence or domestic abuse has been documented by the following: (I) A police report; or (II) A valid civil or emergency protection order. (b) A person is not guilty of an unlawful detention of real property pursuant to paragraph (a) of this subsection (4) if the alleged violation of the rental or lease agreement is a result of domestic violence or domestic abuse against the tenant or lessee. (c) A rental, lease, or other such agreement shall not contain a waiver by the tenant or lessee of the protections provided in this subsection (4). (d) Nothing in this subsection (4) shall prevent the landlord from seeking judgment for possession against the tenant or lessee of the premises who perpetuated the violence or abuse that was the cause of or resulted in the alleged unlawful detention. (5) As used in this section, unless the context otherwise requires: (a) "Employer-provided housing agreement" means a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord. the tenant or lessee of the premises who perpetuated the violence or abuse that was the cause of or resulted in the alleged unlawful detention. (5) As used in this section, unless the context otherwise requires: (a) "Employer-provided housing agreement" means a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord. (b) "Exempt residential agreement" means a residential agreement leasing a single family home by a landlord who owns five or fewer single family rental homes and who provides notice in the agreement that a ten-day notice period required pursuant to this section does not apply to the tenancy entered into pursuant to the agreement.

C.R.S. § 13-40-105 Crops of possessor

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.

C.R.S. § 13-40-106 Written demand

13-40-106. Written demand. (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 premises, and indicating the date and time when the premises shall be delivered up, and shall be signed by the person claiming such possession, the person's agent, or the person's attorney. (2) The demand or notice required by section 13-40-104 or 38-12-1303 must also include a statement that a residential tenant who receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26 has a right to mediation prior to the landlord filing an eviction complaint with the court pursuant to section 13-40-110. (3) The demand or notice required by section 13-40-104 or 38-12-1303 must be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is the primary language of the tenant.

C.R.S. § 13-40-107 Notice to terminate tenancy

13-40-107. Notice to terminate tenancy. (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 fixed term tenancy at the end of the fixed term by serving written notice that expires at the end of the period or fixed term, based on the length of the applicable tenancy described in subsection (2) of this section. (2) The written notice described in subsection (1) of this section must be served before the end of the period or fixed term, as follows: (a) A tenancy for one year or longer, at least ninety-one days; (b) A tenancy of six months or longer but less than a year, at least twenty-eight days; (c) A tenancy of one month or longer but less than six months, at least twenty-one days; (d) A tenancy of one week or longer but less than one month, or a tenancy at will, at least three days; (e) A tenancy for less than one week, at least one day. (3) The written notice described in subsection (1) of this section must: (a) Describe the property and the particular date when the tenancy will terminate; and (b) Be signed by the landlord or tenant, the party giving such notice, or the landlord's or tenant's agent or attorney. (4) No written notice under subsection (1) of this section is necessary from a tenant with a fixed-term tenancy that is, by agreement, to end at a time certain.

C.R.S. § 13-40-107.5 Termination of tenancy for substantial violation - definition - legislative declaration

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 that, 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.; or (c) Occurs on the tenant's leased premises or the common areas, hallway, grounds, parking lot, or other area located in the same building or complex in which the tenant's leased premises are located and constitutes a criminal act in violation of federal or state law or local ordinance that: (I) Carries a potential sentence of incarceration of one hundred eighty days or more; and (II) Has been declared to be a public nuisance under state law or local ordinance based on a state statute. (4) (a) A tenancy may be terminated at any time on the basis of a substantial violation. The termination is effective three days after service of written notice to terminate tenancy. (b) The notice to terminate tenancy must describe the property, the particular date when the tenancy will terminate, and the grounds for termination. The notice must 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) (Deleted by amendment, L. 2005, p. 402, § 2, effective July 1, 2005.) (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 or her knowledge of the substantial violation. action for possession under this section, it shall be a defense that: (I) (Deleted by amendment, L. 2005, p. 402, § 2, effective July 1, 2005.) (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 or her knowledge of the substantial violation. (c) (I) The landlord shall not have a basis for possession under this section if the tenant or lessee is the victim of domestic violence, as that term is defined in section 18-6-800.3, C.R.S., or of domestic abuse, as that term is defined in section 13-14-101 (2), which domestic violence or domestic abuse was the cause of or resulted in the alleged substantial violation and which domestic violence or domestic abuse has been documented pursuant to the provisions set forth in section 13-40-104 (4). (II) Nothing in this paragraph (c) shall prevent the landlord from seeking possession against a tenant or lessee of the premises who perpetuated the violence or abuse that was the cause of or resulted in the alleged substantial violation.

C.R.S. § 13-40-108 Service of notice to vacate or demand

13-40-108. Service of notice to vacate or demand. 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 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 after attempts at personal service at least once on two separate days, by posting the copy in some conspicuous place on the premises.

C.R.S. § 13-40-109 Jurisdiction of courts

13-40-109. Jurisdiction of courts. 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 in the manner provided in this article 40. On and after January 1, 2019, in all actions brought before county courts pursuant to section 13-40-104 (1)(f) to (1)(i), where the allegations of the complaint are put in issue by a verified answer and in actions in which the verified answer alleges a monthly rental value of the property in excess of twenty-five thousand dollars, the county court, upon the filing of said answer, shall suspend all proceedings therein and certify said cause and transmit the papers therein to the district court of the same county. Causes so certified by the county court shall be proceeded within the courts to which they have been so certified in all respects as if originally begun in the court to which they have been certified. On and after January 1, 2019, the jurisdiction of the county court to enter judgment for rent, or damages, or both and to render judgment on a counterclaim in forcible entry and detainer shall be limited to a total of twenty-five thousand dollars in favor of either party, exclusive of costs and attorney fees.

C.R.S. § 13-40-110 Action - how commenced - report

13-40-110. Action - how commenced - report. (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 property with reasonable certainty; the street address and the zip code, listed separately; the grounds for recovery; the name of the person in possession or occupancy; a prayer for recovery of possession; and a signed affidavit that states: (I) The residential tenant receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26, and the complainant and residential tenant participated in mandatory mediation and the mediation was unsuccessful; (II) The complainant and residential tenant did not participate in mandatory mediation because the residential tenant: (A) Did not disclose or declined to disclose in writing in response to a written inquiry from the complainant that the residential tenant receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or (B) Does not receive supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or (III) The complainant and residential tenant did not participate in mandatory mediation because the complainant is: (A) A 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants prior to filing a residential eviction in court; or (B) A landlord with five or fewer single-family rental homes and no more than five total rental units, including any single-family homes. (b) Mandatory mediation must be conducted by a trained neutral third party and be provided at no cost to the residential tenant. The landlord is only required to pay for the landlord's portion of the mandatory mediation. The complainant and residential tenant may have legal representation present during the mandatory mediation. A residential tenant may voluntarily waive the tenant's right to mandatory mediation, but a waiver must not be in any lease agreement or other agreement between the complainant and residential tenant pursuant to section 38-12-801. (c) The office of dispute resolution, created in section 13-22-303, shall schedule the mandatory mediation at the first available date, but no later than fourteen calendar days after the landlord requests the mediation. (d) Failure to comply with the mandatory mediation requirements outlined in this subsection (1) is an affirmative defense. If the affirmative defense is raised and the complainant cannot demonstrate that the requirements were met, the court shall dismiss the case without prejudice and a new complaint must be filed. (e) The complaint may also set forth the amount of rent due, the rate at which it is accruing, the amount of damages due, and the rate at which they are accruing and may include a prayer for rent due or to become due, present and future damages, costs, and any other relief to which plaintiff is entitled. re met, the court shall dismiss the case without prejudice and a new complaint must be filed. (e) The complaint may also set forth the amount of rent due, the rate at which it is accruing, the amount of damages due, and the rate at which they are accruing and may include a prayer for rent due or to become due, present and future damages, costs, and any other relief to which plaintiff is entitled. (f) Notwithstanding the requirement to file a complaint using the standard form of eviction pursuant to subsection (1)(a) of this section, the court shall accept a complaint filed on a different form if the complaint meets the requirements of this section. (2) In an action for termination of a tenancy in a mobile home park, the complaint, in addition to the requirements of subsection (1) of this section, must specify the reasons for termination as the reasons are stated in section 38-12-203. The complaint must specify the approximate time, place, and manner in which the tenant allegedly committed the acts giving rise to the complaint. If the action is based on the mobile home or mobile home lot being out of compliance with the rules and regulations adopted pursuant to section 38-12-214, the complaint must specify that the home owner was given ninety days after the date of service or posting of the notice to terminate tenancy to cure the noncompliance, that ninety days have passed, and the noncompliance has not been cured. (3) The complaint must include: (a) A designation of whether the plaintiff elects to participate in any hearing in person or remotely by phone or video on a platform designated by the court. Upon filing the complaint, the court shall provide the plaintiff with any necessary information to facilitate the plaintiff's participation. (b) A box indicating if the eviction is for a residential or commercial tenancy. (4) Beginning January 2024, the judicial department shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, during the judicial department's "SMART Act" hearing the total number of mediations scheduled by the office of dispute resolution pursuant to this section, the outcomes of the mediations, and the cost of the mediations for the previous fiscal year.

C.R.S. § 13-40-110.5 Automatic suppression of court records - definition

13-40-110.5. Automatic suppression of court records - definition. (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 a valid court order authorizing access to the court record. (2) Upon the commencement of an action pursuant to this article 40, any court record of the action is a suppressed court record. (3) When an order granting the plaintiff possession of the premises is entered in an action to which this section applies, the record is no longer a suppressed court record and the court shall make the record available to the public unless the parties to the action agree that the record should remain suppressed. If the parties agree that the record should remain suppressed, the record remains a suppressed court record. (4) The names of the parties included in a court record that is suppressed pursuant to this section may be used by the court for administrative purposes, but the court shall not, for any reason, publish the names of the parties online. (5) In addition to the persons described in subsection (1) of this section, a court shall allow a person to access a suppressed court record if the person affirms to the court, in writing or electronically, that: (a) The person is an attorney, other than a party's attorney described in subsection (1) of this section, or is acting on behalf of the attorney; (b) A party included in the court record has given written or verbal permission for the person to access the suppressed court record; (c) The person is only accessing the record for the purpose of: (I) Providing legal advice to, or evaluating whether to enter an appearance on behalf of, the party who gave permission for the person to access the record; or (II) Evaluating whether the matter is suitable for mediation or in preparation for a mediation between the parties included in the court record; and (d) The person is not accessing the record for commercial purposes, other than as described in subsection (5)(c) of this section.

C.R.S. § 13-40-111 Issuance and return of summons

13-40-111. Issuance and return of summons. (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 than seven days but not more than fourteen days after the day of issuing the same to answer the complaint of plaintiff. A court shall not enter a default judgment for possession before the close of business on the date upon which an appearance is due. The summons must also contain a statement addressed to the defendant stating: "If you do not respond to the landlord's complaint by filing a written answer with the court on or before the date and time in this summons or appearing in court at the date and time in this summons, the judge may enter a default judgment against you in favor of your landlord for possession. A default judgment for possession means that you will have to move out, and it may mean that you will have to pay money to the landlord. In your answer to the court, you can state why you believe you have a right to remain in the property, whether you admit or deny the landlord's factual allegations against you, and whether you believe you were given proper notice of the landlord's reasons for terminating your tenancy before you got this summons." (2) Repealed. (3) For actions commenced pursuant to section 13-40-104 (1)(f) and (1)(g) only, if no answer to the complaint is filed as provided in subsection (1) of this section, the court shall examine the complaint, and, if satisfied that venue is proper and the plaintiff is entitled to possession of the premises, the court shall dispense with appearances by the plaintiff or a hearing and shall forthwith enter a judgment for possession, present or future damages, and costs. (4) A summons issued pursuant to this section must contain a statement in bold-faced type notifying the defendant that: (a) Any records associated with the action are suppressed and not accessible to the public until an order is entered granting the plaintiff possession of the premises; (b) If the plaintiff is granted possession of the premises, the court records may remain private if both parties agree to suppress the records; and (c) For a residential action filed in county court pursuant to this article 40, either party has a right to appear in person or remotely by phone or video on a platform designated by the court. If a party participates remotely and the party is disconnected or there is a technology failure, the court shall make all reasonable efforts to contact the party and shall allow reasonable time for the party to reestablish connection. If the party is unable to reestablish connection, the court shall reschedule the hearing in person on the first available date after the date of the originally scheduled hearing but no later than one week after the originally scheduled hearing, to the extent practicable. The court shall not enter a default judgment if a party is unable to participate remotely due to a technological disconnection or failure. (5) A summons issued pursuant to this section must also contain a list of available resources with a website link and phone number for residential tenants to obtain civil legal aid and rental assistance. The department of local affairs shall make available and keep current the list of resources available. Local government entities may also provide or supplement the list of resources and provide such resources to the department of local affairs for publication on its website. (6) A summons issued pursuant to this section must also contain: (a) A copy of a blank answer form required pursuant to section 13-40-113. The form must include a place for the defendant to indicate whether the defendant will participate in the eviction hearing in person or remotely by phone or video on a platform designated by the court. partment of local affairs for publication on its website. (6) A summons issued pursuant to this section must also contain: (a) A copy of a blank answer form required pursuant to section 13-40-113. The form must include a place for the defendant to indicate whether the defendant will participate in the eviction hearing in person or remotely by phone or video on a platform designated by the court. (b) A form that allows either party to request all documents in the landlord's and tenant's possession relevant to the current action; and (c) Information about how a pro se party can file documents related to the case.

C.R.S. § 13-40-112 Service

13-40-112. Service. (1) Such summons may be served by personal service as in any civil action. A copy of the complaint must be served with the summons. (2) 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 personal service, such person may make service by posting a copy of the summons and the complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall mail, no later than the next business day following the day on which he or she files the complaint, a copy of the summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail. (3) Personal service or service by posting shall be made at least seven days before the day for appearance specified in such summons, and the time and manner of such service shall be endorsed upon such summons by the person making service thereof. (4) For purposes of this section, "business days" means any calendar day excluding Saturdays, Sundays, and legal holidays.

C.R.S. § 13-40-113 Answer of defendant - additional and amended pleadings

13-40-113. Answer of defendant - additional and amended pleadings. (1) 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 every defense which then exists and upon which the defendant intends to rely, either by including the same in the defendant's answer or by simultaneously filing motions setting forth every such defense. (2) The court for good cause may permit the filing of additional and amended pleadings if it will not result in a delay prejudicial to the defendant. (2.5) A defendant may assert as an affirmative defense to a proceeding under this article 40 that the landlord violated or is in violation of a provision of part 5 of article 34 of title 24. (3) A defendant does not waive any defense related to proper notice by filing an answer pursuant to this section. A defendant can raise a defense related to proper notice in the defendant's answer or by filing a motion prehearing. A defendant cannot raise this defense for the first time at the hearing if the defendant failed to raise it in the defendant's answer or in a prehearing motion. (4) After an answer is provided to the court pursuant to this section: (a) The court shall set a date for trial no sooner than seven, but not more than ten, days after the answer is filed, unless the defendant requests a waiver of this requirement in the defendant's answer or after filing an answer; except that a court may extend beyond ten days if either party demonstrates good cause for an extension, if the court otherwise finds justification for the extension, or if a party participating remotely pursuant to section 13-40-113.5 was disconnected and unable to reestablish connection. The requirement set forth in this subsection (4)(a) does not apply to a forcible entry and detainer petition that alleges a substantial violation, as defined in section 13-40-107.5 (3), or terminates a tenancy pursuant to section 38-12-203 (1)(f). (b) In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any documentation relevant to the current action that either party requests pursuant to section 13-40-111 (6)(b). (c) The court shall provide any party who opted to participate remotely with necessary information to facilitate such participation. The information must include a phone number and e-mail address for the court and instructions on what to do in the event remote participation is disrupted.

C.R.S. § 13-40-113.5 Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers

13-40-113.5. Residential actions in county court - remote participation - electronic filing - procedures for technology failure - auxiliary services providers. (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 other court proceeding. Either party and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party or witness contacts the court within forty-eight hours of the scheduled appearance, the court has discretion whether to approve the party or witness's requested change in participation. (b) A pro se defendant may file an answer electronically through an e-filing system. If either party is pro se, the party may file a motion or other documents, including, but not limited to, evidence or additional documentation, electronically through an e-filing system. (c) (I) (Deleted by amendment, L. 2024.) (II) The court shall not assess, charge, or collect an e-filing fee, service fee, or any other fee associated with the filing of motions, answers, or documents that are filed by a defendant. (d) The court shall comply with any federal or state law or regulation, including any supreme court directive or policy, regarding the provision of accommodations for people with a disability or for people with limited English proficiency during any proceeding, regardless of whether the proceeding is conducted in person or remotely by phone or video on a platform designated by the court; and (e) If a pro se defendant files an answer or any other document physically instead of filing electronically through an e-filing system, the court shall timely serve the document on the plaintiff on behalf of the defendant and shall not charge any fee or cost related to the service. (2) In the event a party is disconnected or there is a technology failure, the court shall make all reasonable efforts to contact the party and shall allow reasonable time for the party to reestablish connection with the court. If the party is unable to reestablish connection, the court shall reschedule the hearing, to be held in person, for the first available date after the date of the originally scheduled hearing but no later than one week after the originally scheduled hearing, to the extent practicable. The court shall not enter a default judgment if a party is unable to participate remotely due to a technological disconnection or failure. (3) A court shall not construe this section to provide less than is required by Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended, and its implementing regulations.

C.R.S. § 13-40-114 Delay in trial - undertaking

13-40-114. Delay in trial - undertaking. 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 be damaged due to the delay.

C.R.S. § 13-40-115 Judgment - writ of restitution - cure period

13-40-115. Judgment - writ of restitution - cure period. (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 the premises and shall issue a writ of restitution. The court may also continue the case for further hearing from time to time and may issue alias and pluries summonses until personal service upon the defendant is had. (2) Upon a trial or further hearing pursuant to this article 40 after personal service has been made upon the defendant in accordance with section 13-40-112 (1), if the court or jury has not already tried the issue of unlawful detainer, it may do so. 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 restitution. In addition to the judgment for restitution, the court or jury shall further find the amount of rent, if any, due to the plaintiff from the defendant at the time of trial; the amount of damages, if any, sustained by the plaintiff to the time of the trial on account of the unlawful detention of the property by the defendant; and damages sustained by the plaintiff to the time of trial on account of injuries to the property. The court shall enter judgment for such amounts, together with any reasonable attorney fees and costs as in other civil actions. This section does not permit the entry of judgment in excess of the court's jurisdictional limit. (3) A writ of restitution that is issued by the court pursuant to subsection (1) or (2) of this section shall remain in effect for forty-nine days after issuance and shall automatically expire thereafter. (4) A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full payment of all amounts due according to the notice, as well as any rent that remains due under the rental agreement, at any time until a judge issues a judgment for possession pursuant to subsection (1) or (2) of this section. A tenant may pay this amount to either the landlord or to the court. Once a court has confirmation that the full amount has been timely paid, the court shall: (a) Vacate any judgments that have been issued; and (b) Dismiss the action with prejudice. (5) The rights provided in subsection (4) of this section may not be waived by any written agreement.

C.R.S. § 13-40-116 Dismissal

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.

C.R.S. § 13-40-117 Appeals

13-40-117. Appeals. (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 appeal, all further proceedings in the case shall be stayed, and the appellate court shall thereafter issue all needful writs and process to carry out any judgment which may be rendered thereon in the appellate court. (3) If the appellee believes that the appellee may suffer serious economic harm during the pendency of the appeal, the appellee may petition the court taking the appeal to require the appellant to have an additional undertaking to cover the anticipated harm. The court shall order such undertaking only after a hearing and upon a finding that the appellee has shown a substantial likelihood of suffering such economic harm during the pendency of the appeal and that the appellee will not be adequately protected under the appeals bond and the other requirements for appeal pursuant to sections 13-40-118, 13-40-120, and 13-40-123.

C.R.S. § 13-40-118 Deposit of rent

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 upon such judgment shall thereupon be had accordingly. If the appeal is perfected, the court shall transmit such deposit to the clerk of the appellate court, with the papers in such case; and the appellant thereafter, at the time when the rents become due as specified in the judgment appealed from and as often as the same become due, shall deposit the amount thereof with the clerk of such appellate court. In case the appellant, at any time during the pendency of such appeal and before final judgment therein, neglects or fails to make any deposit of rent, falling due at the time specified in the judgment appealed from, the court in which such appeal is pending, upon such fact being made to appear and upon motion of the appellee, shall affirm the judgment appealed from with costs; and proceedings thereupon shall be had as in like cases determined upon the merits.

C.R.S. § 13-40-119 Rules of practice

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.

C.R.S. § 13-40-120 Appellate review

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 made, or judgment of affirmance shall be entered, in the manner provided in section 13-40-118.

C.R.S. § 13-40-121 When deposit of rent is paid

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.

C.R.S. § 13-40-122 Writ of restitution after judgment - definitions

13-40-122. Writ of restitution after judgment - definitions. (1) (a) 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 concerns a residential tenant who receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26, the writ must specify that the writ is not executable for thirty days after entry of judgment pursuant to subsection (1)(b) of this section; except in the case: (I) In which a court has ordered a judgment for possession for a substantial violation pursuant to section 13-40-107.5; or (II) Of a landlord with five or fewer single-family rental homes and no more than five total rental units including any single-family homes. (b) A writ of restitution must be executed by the officer having the same only in the daytime and between sunrise and sunset, and the officer shall not execute a writ of restitution concerning a residential tenancy until at least ten days after entry of the judgment; except that the officer shall not execute a writ of restitution concerning a residential tenancy until at least thirty days after entry of judgment if the residential tenant receives supplemental security income, social security disability insurance under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26, as specified in the writ; except in the case: (I) In which a court has ordered a judgment for possession for a substantial violation pursuant to section 13-40-107.5; or (II) Of a landlord with five or fewer single-family rental homes and no more than five total rental units including any single-family homes. (c) Any writ of restitution governed by this section may be executed by the county sheriff's office in which the property is located by a sheriff, undersheriff, or deputy sheriff, as described in section 16-2.5-103 (1) or (2), while off duty or on duty at rates charged by the employing sheriff's office in accordance with section 30-1-104 (1)(gg). (2) The officer that executes a writ of restitution under subsection (1) of this section and the law enforcement agency that employs such officer shall be immune from civil liability for any damage to a tenant's personal property that was removed from the premises during the execution of the writ. A landlord who complies with the lawful directions of the officer executing a writ of restitution shall be immune from civil and criminal liability for any act or omission related to a tenant's personal property that was removed from the premises during or after the execution of a writ of restitution. (2.5) (a) (I) Notwithstanding subsections (3) and (4) of this section, the officer that executes a writ of restitution under subsection (1) of this section shall immediately inspect the premises for any pet animals. (II) If the tenant is present on the premises at the time the writ of restitution is being executed, the officer shall give any pet animals found during the inspection required by subsection (2.5)(a)(I) of this section to the tenant. (4) of this section, the officer that executes a writ of restitution under subsection (1) of this section shall immediately inspect the premises for any pet animals. (II) If the tenant is present on the premises at the time the writ of restitution is being executed, the officer shall give any pet animals found during the inspection required by subsection (2.5)(a)(I) of this section to the tenant. (III) If the tenant is not present on the premises at the time the writ of restitution is being executed and there are any pet animals found during the inspection required by subsection (2.5)(a)(I) of this section, the officer shall contact the local authority in charge of animal control to take custody of the pet animals. The landlord shall provide the local authority in charge of animal control access to the premises to remove or secure the pet animals in a timely manner and provide the name and contact information of the tenant, if available. The landlord shall post notice at the premises in a visible place with the name and contact information of the organization where the pet animals have been taken and, upon request of the tenant, shall provide the tenant with the name and contact information of the organization where the pet animals have been taken. (b) No pet animal shall be removed from the premises during the execution of a writ of restitution and left unattended on public or private property. (c) As used in this section, unless the context otherwise requires, "pet animal" has the same meaning as set forth in section 35-80-102 (10). (3) A landlord has no duty to store or maintain a tenant's personal property that is removed from the premises during or after the execution of a writ of restitution. Regardless of whether a landlord elects to store or maintain the personal property so removed, the landlord shall have no duty to inventory the personal property or to determine ownership of or the condition of the personal property. Such storage shall not create either an implied or express bailment of the personal property, and the landlord shall be immune from liability for any loss or damage to the personal property. (4) A landlord who elects to store a tenant's personal property that was removed from the premises during or after the execution of a writ of restitution may charge the tenant the reasonable costs of storing the personal property. To recover such costs, the landlord may either dispose of the personal property under any lien rights the landlord has under part 1 of article 20 of title 38, C.R.S., or the landlord may allow the tenant to recover the personal property after paying the reasonable storage charges incurred by the landlord.

C.R.S. § 13-40-123 Damages

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 a provision for either party to obtain attorney fees. Nothing in this section shall be construed to permit the entry of judgments in any single proceeding in excess of the jurisdictional limit of said court.

C.R.S. § 13-40-124 Qualified farm owner-tenant defined

13-40-124. Qualified farm owner-tenant defined. (Repealed)

C.R.S. § 13-40-125 Rights of qualified farm owner-tenant

13-40-125. Rights of qualified farm owner-tenant. (Repealed)

C.R.S. § 13-40-125.5 Possession pursuant to agreement - enforcement

13-40-125.5. Possession pursuant to agreement - enforcement. (Repealed)

C.R.S. § 13-40-126 Priority of proceedings

13-40-126. Priority of proceedings. (Repealed)

C.R.S. § 13-40-127 Eviction legal assistance - fund - rules - report - definitions - repeal

13-40-127. Eviction legal assistance - fund - rules - report - definitions - repeal. (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 person whose income does not exceed two hundred percent of the family federal poverty guidelines, adjusted for family size, determined annually by the United States department of health and human services. (d) "Qualifying organization" means an organization that: (I) Has demonstrated experience and expertise in providing full service civil legal services to indigent clients; (II) Is based in Colorado; (III) Is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended; and (IV) Obtains more than twenty percent of its funding from sources other than grants from the fund. (2) There is established in the state treasury the eviction legal defense fund. Pursuant to subsection (3) of this section, the state court administrator is authorized to make grants from the fund to qualifying organizations providing civil legal services to indigent residents of the state of Colorado. (3) The administrator shall award grants from the fund to qualifying organizations to provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are experiencing an eviction or are at immediate risk of an eviction. Money from the fund may be used for services that include: (a) Providing legal representation to indigent tenants for resolving civil legal matters related to an eviction or impending eviction. Such representation may include representation in any forcible entry and detainer proceeding or action for monetary damages related to nonpayment of rent or other lease violation, legal assistance prior to the filing of an eviction, or any other judicial actions in which legal representation is necessary to protect the interests of an indigent tenant. (b) Establishing clinics designed to educate and assist indigent tenants in eviction proceedings, including providing information related to the rights and responsibilities of landlords and tenants; (c) Providing legal information and advice to indigent tenants; (d) Referring clients to appropriate persons or agencies that provide assistance with issues related to housing; and (e) Providing mediation services for disputes between a landlord and tenant that could prevent or resolve the filing of an eviction. (4) (a) A qualifying organization seeking to receive a grant from the fund shall submit an application each year to the state court administrator on a form provided by the administrator. The application form must request any information that the administrator needs to determine whether the applying organization meets the qualifications for receipt of a grant. (b) (I) On October 1, 2019, and on July 1 each year thereafter, the administrator shall distribute grants from the fund, subject to available appropriations, to a qualifying organization for each county or city and county in proportion to the number of forcible entry and detainer petitions filed in the county or city and county. (II) If there is more than one qualifying organization within a county or city and county, the administrator shall disburse the grant for such county or city and county to each qualifying organization in proportion to the number of clients served by each qualifying organization or its predecessor in the preceding year. forcible entry and detainer petitions filed in the county or city and county. (II) If there is more than one qualifying organization within a county or city and county, the administrator shall disburse the grant for such county or city and county to each qualifying organization in proportion to the number of clients served by each qualifying organization or its predecessor in the preceding year. (c) Each qualifying organization that receives a grant pursuant to this section shall submit an annual report to the administrator that includes the following information, to the extent possible and to the extent that it does not violate the privilege and confidentiality of an attorney client relationship: (I) The number of clients served by the organization; (II) The nature of the assistance rendered to each client, such as providing information, advice, mediation, or representation; (III) The type of alleged lease violation, if any, for each client; (IV) The amount of rent in dispute, if any, for each client; (V) The number of tenants the organization was unable to serve; (VI) Demographic data for clients assisted by the organization with a grant from the fund, including zip code, household income, family status, race and ethnicity information, age, and disability status; (VII) The number of referrals to a rental assistance or mediation program provided to clients; and (VIII) The outcome of each client's case, including whether a case was dismissed, judgment for possession was entered, a stipulated agreement was made that prevented entry of a judgment for possession, a stipulated agreement was made that provided the client with an opportunity to vacate a judgment for possession at a later date, and whether the client had to move from the residence and, if so, whether the client received additional time to move and how much time was provided. (5) (a) In addition to money transferred to the fund pursuant to section 24-22-118 (2) and any appropriation from the general fund, the administrator may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The administrator shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. (b) Subject to annual appropriation by the general assembly, the administrator may expend money from the fund for the direct and indirect costs associated with the administration of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund or any other fund. om the fund for the direct and indirect costs associated with the administration of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund or any other fund. (6) (a) On or before December 31, 2024, and on or before December 31 every five years thereafter, the administrator shall evaluate the use of grant money awarded from the fund. This evaluation must consider the following metrics, and whether each has increased or decreased compared to the years before the fund was established: (I) The percentage of forcible entry and detainer filings that resulted in judgments ordered against tenants, organized by whether the tenant was represented by an attorney; (II) The number of writs of restitution issued, organized by whether the tenant was represented by an attorney; (III) The rate of legal representation among defendants facing eviction; (IV) The number of answers filed in response to forcible entry and detainer petitions, organized by whether the tenant was represented by an attorney; (V) Based on information reported to the administrator by qualifying organizations, the number of indigent clients who have been referred to programs that provide emergency rent assistance or mediation services or to other public and nonprofit resources that will bolster the economic security of tenants and their families; (VI) Based on information reported to the administrator by qualifying organizations, the distribution of information to indigent tenants concerning state laws related to the landlord-tenant relationship; and (VII) Based on information reported to the administrator by qualifying organizations, the number of indigent clients who were provided legal advice. (b) An evaluation performed pursuant to this subsection (6) must include, and consider, the information provided to the administrator by qualified organizations related to client services pursuant to subsection (4)(c) of this section. (c) Notwithstanding section 24-1-136 (11)(a)(I), the administrator shall submit an evaluation required pursuant to this subsection (6) to the judiciary committees of the house of representatives and the senate, or any successor committees. (7) and (8) Repealed. (9) (a) In accordance with section 24-75-229 (4), three days after June 25, 2021, the state treasurer shall transfer one million five hundred thousand dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) to the fund for the purpose of providing legal representation to indigent tenants to resolve civil legal matters arising on and after March 1, 2020, for an eviction or impending eviction related to the public health emergency caused by the COVID-19 public health emergency. The money transferred to the fund pursuant to this subsection (9)(a) must be maintained in a separate account and must be used only for the purposes specified in this subsection (9)(a). Notwithstanding subsection (5)(b) of this section, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the account to the state emergency reserve cash fund created in section 24-77-104 (6)(a) in accordance with section 24-75-226 (4)(c)(II). The general assembly shall appropriate the money transferred to the fund pursuant to this subsection (9)(a) to the administrator for use in accordance with this subsection (9)(a). The administrator shall use the money by December 31, 2024, for the purposes specified in this subsection (9)(a). ncy reserve cash fund created in section 24-77-104 (6)(a) in accordance with section 24-75-226 (4)(c)(II). The general assembly shall appropriate the money transferred to the fund pursuant to this subsection (9)(a) to the administrator for use in accordance with this subsection (9)(a). The administrator shall use the money by December 31, 2024, for the purposes specified in this subsection (9)(a). (b) Not later than September 1, 2021, the administrator shall use the money transferred to the fund under subsection (9)(a) of this section to make grant awards for the uses specified in subsection (9)(a) of this section to: (I) Qualifying organizations that have previously been awarded a grant from the fund in the 2020-21 state fiscal year; and (II) Newly qualifying organizations. (c) Any money transferred to the fund in accordance with subsection (9)(a) of this section that has not been expended or encumbered as of June 30, 2022, must revert to the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a). (d) This subsection (9) is repealed, effective July 1, 2025.

C.R.S. § 13-40-128 Monthly residential eviction data - report - definitions

13-40-128. Monthly residential eviction data - report - definitions. (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(c)(3) of the federal "Internal Revenue Code of 1986", as amended, that has a demonstrated history of credible housing-related research and publications; or (III) An institution of higher education that has a demonstrated history of credible housing-related research and publications. (b) "Qualified request" means a request for compiled data from residential forcible entry and detainer actions that is filed in compliance with directives and policies governing the judicial department's response to requests for compiled and aggregate data. (c) "Residential eviction data" means, for each residential forcible entry and detainer action filed pursuant to this article 40: (I) The date the complaint was filed; (II) The return date; (III) The date of the scheduled hearing; (IV) Whether the plaintiff was represented by legal counsel; (V) Whether the tenant was represented by legal counsel; (VI) Whether the tenant filed an answer; (VII) Any of the following case outcomes: (A) Default judgment; (B) Judgment for possession; (C) Stipulated agreement; (D) Writ of restitution; or (E) Dismissal; (VIII) The zip code of the property at issue; (IX) Whether the action was filed for: (A) Nonpayment of rent or utilities; or (B) Other lease violations; (X) The total amount of unpaid rent or utilities at the time of filing, and any late fees that the plaintiff claims the tenant owes; (XI) Whether the tenant elected to participate in person or remotely; and (XII) Whether the plaintiff elected to participate in person or remotely. (2) (a) Beginning July 1, 2024, Denver county court shall electronically provide residential eviction data for all actions filed in Denver county to the judicial department, and the judicial department shall electronically collect residential eviction data for all actions filed in each county, including data provided by Denver county court, pursuant to this article 40. (b) Beginning January 1, 2025, the judicial department shall, on a monthly basis, compile and publish online in a searchable format, and make available free of charge, aggregate residential eviction data for all actions filed in each county, including residential eviction data provided to the judicial department by Denver county court, pursuant to this article 40 that concluded in the immediately preceding month; except that on January 1, 2025, the judicial department shall compile and publish online the aggregate residential eviction data for July 1, 2024, through December 31, 2024. The judicial department shall post the residential eviction data in a conspicuous place on the judicial department's website. Denver county court, pursuant to this article 40 that concluded in the immediately preceding month; except that on January 1, 2025, the judicial department shall compile and publish online the aggregate residential eviction data for July 1, 2024, through December 31, 2024. The judicial department shall post the residential eviction data in a conspicuous place on the judicial department's website. (c) (I) After receiving a qualified request from a qualified entity, the judicial department shall make data from residential forcible entry and detainer actions electronically available on an individual case level. A request for individual case level data must not be used for the purpose of identifying individual plaintiffs or tenants, for any action against individual plaintiffs or tenants, or to advertise or sell any goods or services. (II) A qualifying entity shall agree to comply with data confidentiality and suppression requirements as determined by the judicial department. At a minimum, the agreement must ensure that the requesting qualified entity shall not disclose any personally identifiable information about the plaintiff or tenant, nor make the data publicly accessible in any way that would enable a third party to discern the identity of an individual plaintiff or tenant. (3) Beginning January 2025 and each January thereafter until January 2035, the judicial department shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, during the judicial department's "SMART Act" hearing pursuant to part 2 of article 7 of title 2, on the compiled residential eviction data collected and published pursuant to this section in the aggregate for the previous calendar year. At a minimum, the report must include the number of requests for individual case level residential eviction data pursuant to subsection (2)(c) of this section and the names of the requesting entities.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026