Colorado § 38-42-105 - Actions for surrender of lease - damages.
Full text of Colorado Colorado Revised Statutes § 38-42-105 — Actions for surrender of lease - damages., with citation guidance and answers to common questions.
§ 38-42-105. Actions for surrender of lease - damages.
If the owner of such lease neglects or refuses to execute a release as provided by section 38-42-104, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action from the lessee, his successors, or assigns the sum of one hundred dollars as damages and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case warrants. In all such actions, writs of attachment may issue as in other cases if the owner of the leased premises makes demand for release in writing, by certified or registered mail, sent to the last-known address of the lessee, successor, or assignee, as the case may be, at least thirty days prior to instituting an action under this section.
Source: L. 57: p. 618, § 2. CRS 53: § 118-13-5. C.R.S. 1963: § 118-13-5.
ANNOTATION
Applied in Graefe & Graefe, Inc. v. Beaver Mesa Exploration Co., 635 P.2d 900 (Colo. App. 1981); Graefe & Graefe, Inc. v. Beaver Mesa Exploration Co., 695 P.2d 767 (Colo. App. 1984).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-42-105
What does Colorado Revised Statutes § 38-42-105 cover?
Section 38-42-105 ("Actions for surrender of lease - damages.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-42-105?
A common citation format is "Colorado Revised Statutes § 38-42-105" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-42-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.