Colorado § 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.

(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.

(3.5) If the tenant provides written or actual notice to the landlord that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant consents to the landlord sharing the information with the court, the landlord shall disclose the information on the complaint or with the return of service filed with the court.

(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.

Source: L. 1885: p. 226, § 9. L. 1887: p. 272, § 4. R.S. 08: § 2609. C.L. § 6375. L. 33: p. 481, § 1. CSA: C. 70, § 10. CRS 53: § 58-1-10. L. 55: p. 406, § 1. L. 61: p. 390, § 2. C.R.S. 1963: § 58-1-10. L. 85: Entire section amended, p. 578, § 1, effective July 1. L. 96: (2) amended, p. 670, § 1, effective July 1. L. 2020: (2) amended, (HB 20-1196), ch. 195, p. 927, § 17, effective June 30. L. 2023: (1) amended and (4) added, (HB 23-1120), ch. 414, p. 2452, § 2, effective June 6; (3) added, (HB 23-1186), ch. 415, p. 2459, § 3, effective January 1, 2024. L. 2024: (2) amended, (HB 24-1098), ch. 113, p. 364, § 8, effective April 19; IP(1)(a) amended and (1)(f) added, (SB 24-064), ch. 297, p. 2029, § 2, effective May 31. L. 2025: (3.5) added, (HB 25-1168), ch. 229, p. 1053, § 6, effective August 6.

Cross references: For the legislative declaration in HB 23-1186, see section 1 of chapter 415, Session Laws of Colorado 2023. For the legislative declaration in HB 23-1120, see section 1 of chapter 414, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1098, see section 1 of chapter 113, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.

ANNOTATION

Law reviews. For article, "Highlights of the 1955 Colorado Legislative Session — Real Property", see 28 Rocky Mt. L. Rev. 58 (1955). For article, "Representation of the Landlord in an Unlawful Detainer Action", see 12 Colo. Law. 69 (1983). For article, "The COVID-19 Eviction Impact", see 50 Colo. Law. 43 (Aug.-Sept. 2021). For article, "The Past, Present, and Future of Residential Construction Defect Action Reform in Colorado", see 54 Colo. Law. 28 (Jan.-Feb. 2025).

Substantial facts must be set out in complaint. This section requires that the substantial facts, upon which the plaintiff relies, shall be set out in the complaint. Klopfer v. Keller, 1 Colo. 410 (1871).

Fact of written demand for the premises. It is the duty of the plaintiff, if demand in writing for the premises was made, to set it out in his petition as a substantial fact, as required in this section. Doss v. Craig, 1 Colo. 177 (1869).

Allegation held one of material facts and not of mere evidence. An allegation that defendant by "beating plaintiff, and by superior strength and numbers, with threats of violence, did forcibly eject plaintiff", is an allegation not of mere evidence, but of material facts. Kenny v. Daugherty, 67 Colo. 56, 185 P. 471 (1919).

This and § 13-40-113 are the only sections of the act in any way relating to the pleadings required of the parties, where the action is commenced in a justice court and by implication exclude necessity for further written pleadings. Joss v. Hallett, 39 Colo. 392, 89 P. 809 (1907).

Verification permitted at close of case. In a forcible entry and detainer action brought under this article in the district court, plaintiffs were properly permitted at the close of their case to verify their complaint. Franklin v. Macedonia Baptist Church, 123 Colo. 432, 231 P. 2d 793 (1951).