Colorado § 13-40-122 - Writ of restitution after judgment - definitions.

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

(1) (a) Except as provided in subsection (1)(a.5) of this section, 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.

(a.5) If the writ of restitution concerns a residential tenant who asserts a defense pursuant to section 13-40-104 (4)(a) and provides the required documentation, any filing submitted by the plaintiff that requests a writ must include a statement that identifies the defendant as a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and a statement specifying that the writ is not executable for thirty days after entry. If the writ of restitution is granted by the court, the writ must not be executable for thirty days after entry of judgment and must be executed by the officer in the daytime between sunrise and sunset.

(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.

(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.

Source: L. 1885: p. 231, § 24. R.S. 08: § 2624. C.L. § 6390. CSA: C. 70, § 25. CRS 53: § 58-1-25. C.R.S. 1963: § 58-1-24. L. 64: p. 472, § 7. L. 98: Entire section amended, p. 630, § 1, effective August 5. L. 2004: (1) amended, p. 510, § 1, effective August 4. L. 2021: (1) amended, (HB 21-1121), ch. 348, p. 2260, § 2, effective June 25. L. 2023: (1) amended, (HB 23-1120), ch. 414, p. 2453, § 3, effective June 6; (2.5) added, (HB 23-1068), ch. 416, p. 2463, § 3, effective January 1, 2024. L. 2025: IP(1)(a) amended and (1)(a.5) added, (HB 25-1168), ch. 229, p. 1056, § 12, effective May 22.

Cross references: For the legislative declaration in HB 23-1068, see section 1 of chapter 416, 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 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.

ANNOTATION

Section limits time of enforcement of judgment, not judgment itself. The provision of this section that upon judgment for the plaintiff in wrongful detainer no writ of restitution shall issue until the expiration of 48 hours from its entry does not import that judgment may not be given for immediate possession. Its only effect is to stay the enforcement of the judgment for the period specified. Dulmaine v. Reed Bldg. Co., 46 Colo. 469, 104 P. 1038 (1909).

Sheriff subject to minimum standard of care. In carrying out his statutory duties, an officer or sheriff is subject to a minimum standard of care. Christensen v. Hoover, 643 P.2d 525 (Colo. 1982).

Duty to remove tenant and property. It is the officer's duty not only to remove the tenant, but also to remove the tenant's personal property and effects from the premises. Christensen v. Hoover, 643 P.2d 525 (Colo. 1982).

No duty to safeguard property following eviction. The sheriff has no duty to safeguard the tenant's possessions after a lawful eviction has occurred, even though he knows the tenant's belongings might be taken if they are left unattended. Christensen v. Hoover, 643 P.2d 525 (Colo. 1982).

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