Colorado § 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.

Source: L. 1885: p. 229, § 18. R.S. 08: § 2618. C.L. § 6384. CSA: C. 70, § 19. CRS 53: § 58-1-19. C.R.S. 1963: § 58-1-19. L. 64: p. 471, § 5. L. 84: Entire section amended, p. 467, § 2, effective July 1.

ANNOTATION

This section, which relates to appeals of judgments for possession in cases involving the nonpayment of rent, states that an appeal shall not be deemed taken and perfected unless a deposit of rentals be made in the justice of the peace court. It further provides that during the pendency of the action in the county court on appeal, further deposits of rent be made in the county court. General Am. Indus., Inc. v. County Court, 136 Colo. 86, 316 P.2d 565 (1957).

Rent owed is not included in general damages under § 13-40-117. Since this section requires a deposit of rent in nonpayment of rent cases, rentals were excluded as items of damage recoverable under the provision requiring an undertaking to cover damages which had accrued or would accrue. General Am. Indus., Inc. v. County Court, 136 Colo. 86, 316 P.2d 565 (1957).

Appeals must be perfected in strict compliance with statutes. Appeals are creatures of statute, and a party desiring to avail himself of the right must comply with its terms, and unless he does so, and the appeal is perfected in strict compliance therewith, the appellate court has no power to make any order other than the order of dismissal. Erbaugh v. Fields, 77 Colo. 254, 235 P. 568 (1925).

This provision does not apply where land is rented for share of products from livestock. Routen v. J. & O. Ranch Co., 91 Colo. 53, 11 P.2d 566 (1932).

Applied in Francam Bldg. Corp. v. Fail, 687 P.2d 991 (Colo. App. 1984).