Colorado § 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 lawfully due according to the notice, as well as any rent that remains due under the rental agreement or that remains due pursuant to a repayment plan established pursuant to section 13-40-104 (4)(e), 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.

Source: L. 1885: p. 228, § 14. R.S. 08: § 2614. C.L. § 6380. CSA: C. 70, § 15. CRS 53: § 58-1-15. L. 61: p. 393, § 7. C.R.S. 1963: § 58-1-15. L. 2005: (3) added, p. 263, § 1, effective August 8. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 826, § 12, effective July 1. L. 2021: (2) amended and (4) and (5) added, (SB 21-173), ch. 349, p. 2264, § 3, effective October 1. L. 2025: IP(4) amended, (HB 25-1168), ch. 229, p. 1056, § 11, effective August 6.

Cross references: For the legislative declaration in HB 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.

ANNOTATION

Law reviews. For article, "The Rights of Landlords in Tenants' Personal Property", see 57 Den. L.J. 685 (1980). For article, "Representation of the Landlord in an Unlawful Detainer Action", see 12 Colo. Law. 69 (1983).

Jury trials possible. By this section, the general assembly recognized that there could be jury trials in forcible entry and detainer actions. Husar v. Larimer County Court, 629 P.2d 1104 (Colo. App. 1981).

This section does not make clear whether it confers a jury trial right in FED possession actions, and, if so, in what circumstances that right applies. Mercy Hous. Mgmt. Grp., Inc. v. Bermudez, 559 P.3d 1163 (Colo. 2024).

For landlord's liability for damage to tenant's property during removal from premises, see Christensen v. Hoover, 643 P.2d 525 (Colo. 1982).

Where legal relationship between parties and entitlement to possession of home was still in dispute, district court was in error to issue an order for a writ of restitution. Lindsay v. District Court, 694 P.2d 843 (Colo. 1985).

Res judicata of judgment. The entry of a default judgment on the issue of possession properly entered pursuant to this section is a final order and is res judicata on the issue. Magliocco v. Olson, 762 P.2d 681 (Colo. App. 1987).

Statute allows a plaintiff in an FED action to recover damages for past due rent in addition to restitution of the premises. Plaintiff's damages are not limited to the reasonable rental value of the use of the premises during the period of the unlawful detainer. Renco Assocs. v. D'Lance, Inc., 214 P.3d 1069 (Colo. App. 2009).

When this section is read with § 13-40-123, it is clear that the award of attorney fees in a forcible entry and detainer action is in the nature of compensatory damages. Thus, any prevailing party in a forcible entry and detainer action is entitled to attorney fees, and the trial court erred in refusing to award them. Wilcox v. Clark, 42 P.3d 29 (Colo. App. 2001).

Contempt sanction available in forcible entry and detainer (FED) proceedings in appropriate circumstances. Nothing in C.R.C.P. 107 or the FED statute precludes the remedy of contempt in an FED action under appropriate circumstances. Hartsel Springs Ranch v. Cross Slash Ranch, 179 P.3d 237 (Colo. App. 2007).

Court erred in granting restitution of the premises where owner failed to prove by a preponderance of the evidence that tenant violated lease covenant by committing criminal activity. Unlawful detention for violation of a lease covenant requires proof by a preponderance of the evidence that the covenant was actually violated, not merely that the owner had reasonable grounds to believe that it was violated. Miles v. Fleming, 214 P.3d 1054 (Colo. 2009).

Applied in Maxwell v. District Court, 641 P.2d 931 (Colo. 1982).