Tenants have a legal obligation to keep the premises in a clean and sanitary condition and pay the agreed upon rent. Failure to do so may result in eviction or forfeiture of security deposit funds. The law imposes certain duties on a landlord to maintain the premises in habitable condition. Failure to do so, such as providing adequate weatherproofing, available heat, water and electricity, and clean, sanitary and structurally safe premises, may be legal justification for a tenant's defensive acts, such as moving out (even in the middle of a lease), paying less rent, withholding the entire rent until the problem is fixed, making necessary repairs (or hiring someone to make them and deducting the cost from next month's rent) The landlord may be sued for a partial refund of past rent, and in some circumstances can be sued for the discomfort, annoyance and emotional distress caused by the substandard conditions. States typically require landlords to provide a specific amount of notice (usually 24 or 48 hours) before entering a rental unit. In some states, landlords must provide a "reasonable" amount of notice, legally presumed to be 24 hours.

Article 40 Forcible Entry and Detainer - General Provisions 

13-40-101. Forcible entry and detainer defined. 
13-40-102. Forcible entry prohibited. 
13-40-103. Forcible detention prohibited. 
13-40-104. Unlawful detention defined. 
13-40-105. Crops of possessor. 
13-40-106. Written demand. 
13-40-107. Notice to quit. 
13-40-107.5. Termination of tenancy for substantial violation - definition - legislative declaration. 
13-40-108. Service of notice to quit. 
13-40-109. Jurisdiction of courts. 
13-40-110. Action - how commenced. 
13-40-111. Issuance and return of summons. 
13-40-112. Service. 
13-40-113. Answer of defendant - additional and amended pleadings. 
13-40-114. Delay in trial - undertaking. 
13-40-115. Judgment - writ of restitution. 
13-40-116. Dismissal. 
13-40-117. Appeals. 
13-40-118. Deposit of rent. 
13-40-119. Rules of practice. 
13-40-120. Appellate review. 
13-40-121. When deposit of rent is paid. 
13-40-122. Writ of restitution after judgment. 
13-40-123. Damages. 
13-40-124. Qualified farm owner-tenant defined. (Repealed) 
13-40-125. Rights of qualified farm owner-tenant. (Repealed) 
13-40-125.5. Possession pursuant to agreement - enforcement. (Repealed)
13-40-126. Priority of proceedings. (Repealed) 



13-40-101. Forcible entry and detainer defined. 
(1) If any person enters upon or into any lands, tenements, mining claims, or other
possessions with force or strong hand or multitude of people, whether any person is actually upon
or in the same at the time of such entry, or if any person by threats of violence or injury to the
party in possession or by such words or actions as have a natural tendency to excite fear or
apprehension of danger gains possession of any lands, tenements, mining claims,or other
possessions and detains and holds the same, such person so offending is guiltyof a forcible entry
and detainer within the meaning of this article. 
(2) If any person enters peaceably upon any lands, tenements, mining claims, or other
possessions, whether any person is actually in or upon the same at the time of such entry and by
force turns the party in possession out or, by threats or by words or actions which have a natural
tendency to excite fear or apprehension of danger, frightens the party out of possession and
detains and holds the same, such person so offending is guilty of a forcible detainer within the
meaning of this article. 
(3) If any person enters upon or into any lands, tenements, mining claims, or other
possessions by force or by threats of violence, or words or actions which have a natural tendency
to excite fear or apprehension of danger, and intimidates the party entitled to possession from
returning upon or possessing the same, such person so offending is guilty of a forcible entry
within the meaning of this article. 


13-40-102. Forcible entry prohibited. No person shall enter into or upon any real property, except
in cases where entry is allowed by law, and in such cases not with strong hand or with a multitude
of people, but only in a peaceable manner. 


13-40-103. Forcible detention prohibited.No person, having peaceably entered into or upon any
real property without right to the possession thereof, shall forcibly hold or detain the same as
against the person who has a lawful right to such possession. 


13-40-104. Unlawful detention defined. 
(1) Any person is guilty of an unlawful detention of real property in the following cases: 
(a) When entry is made, without right or title, into any vacant or unoccupied lands
or tenements; 
(b) When entry is made, wrongfully, into any public lands, tenements, mining
claims, or other possessions which are claimed or held by a person who may have located,
entered, or settled upon the same in conformity with the laws, rules, and regulations of the United
States, or of this state, in relation thereto; 
(c) When any lessee or tenant at will, or by sufferance, or for any part of a year, or
for one or more years, of any real property, including a specific or undivided portion of a building
or dwelling, holds over and continues in possession of the demised premises, or any portion
thereof, after the expiration of the term for which the same were leased, or after such tenancy, at
will or sufferance, has been terminated by either party, except as provided in subsection (2) of this
section; 
(d) When such tenant or lessee holds over without permission of his landlord after
any default in the payment of rent pursuant to the agreement under which he holds, and three
days' notice in writing has been duly served upon the tenant or lessee holding over, requiring in
the alternative the payment of the rent or the possession of the premises. No such agreement shall
contain a waiver by the tenant of the three days' notice requirement of this paragraph (d). It shall
not be necessary, in order to work a forfeiture of such agreement, for nonpayment of rent, to
make a demand for such rent on the day on which the same becomes due; but a failure to pay such
rent upon demand, when made, works a forfeiture. 
(d.5) When such tenant or lessee holds over, without the permission of the
landlord, contrary to any condition or covenant the violation of which is defined as a substantial
violation in section 13-40-107.5, and notice in writing has been duly served upon such tenant or
lessee in accordance with section 13-40-107.5; 
(e) When such tenant or lessee holds over, without such permission, contrary to
any other condition or covenant of the agreement under which such tenant or lessee holds, and
three days' notice in writing has been duly served upon such tenant or lessee requiring in the
alternative the compliance with such condition or covenant or the delivery of the possession of the
premises so held; 
(e.5) (I) When a tenant or lessee has previously been served with the notice
described in paragraph (e) of this subsection (1) requiring compliance with a condition or
covenant of the agreement, and subsequent to that notice holds over, without permission of the
tenant or lessee's landlord, contrary to the same condition or covenant. 
(II) A tenancy may be terminated at any time pursuant to this paragraph
(e.5) on the basis of a subsequent violation. The termination shall be effective three days after
service of written notice to quit. 
(f) When the property has been duly sold under any power of sale, contained in any
mortgage or trust deed which was executed by such person, or any person under whom he claims
by title subsequent to date of the recording of such mortgage or trust deed, and the title under
such sale has been duly perfected and the purchaser at such sale, or his assigns, has duly
demanded the possession thereof, except as provided in subsection (2) of this section; 
(g) When the property has been duly sold under the judgment or decree of any
court of competent jurisdiction and the party or privies to such judgment or decree, after the
expiration of the time of redemption when redemption is allowed by law, refuses or neglects to
surrender possession thereof after demand therefor has been duly made by the purchaser at such
sale, or his assigns, except as provided in subsection (2) of this section; 
(h) When an heir or devisee continues in possession of any premises sold and
conveyed by any personal representative with authority to sell, after demand therefor is duly
made; 
(I) When a vendee having obtained possession under an agreement to purchase
lands or tenements, and having failed to comply with his agreement, withholds possession thereof
from his vendor, or assigns, after demand therefor is duly made. 
(2) and (3) Repealed. 


13-40-105. Crops of possessor.In all cases arising under section 13-40-104 (1) (c) to (1) (i), the
person in possession is entitled to cultivate and gather the crops, if any, planted or sown by him
previous to the service of the demand to deliver up possession, and then grown or growing on the
premises, and shall have the right to enter such premises for the purpose of cultivating or
removing such crops, first paying or tendering to the party entitled to the possession of said
premises a reasonable compensation for the use of the land before removing such crops. 


13-40-106. Written demand. The demand required by section 13-40-104 shall be made in writing,
specifying the grounds of the demandant's right to the possession of such premises, describing the
same, and the time when the same shall be delivered up, and shall be signed by the person
claiming such possession, his agent, or his attorney. 


13-40-107. Notice to quit. 
(1) A tenancy may be terminated by notice in writing, served not less than the respective
period fixed before the end of the applicable tenancy, as follows: 
(a) A tenancy for one year or longer, three months; 
(b) A tenancy of six months or longer but less than a year, one month; 
(c) A tenancy of one month or longer but less than six months, ten days; 
(d) A tenancy of one week or longer but less than one month, or a tenancy at will,
three days; 
(e) A tenancy for less than one week, one day. 
(2) Such notice shall describe the property and the particular time when the tenancy will
terminate and shall be signed by the landlord or tenant, the party giving such notice or his agent or
attorney. 
(3) Any person in possession of real property with the assent of the owner is presumed to
be a tenant at will until the contrary is shown. 
(4) No notice to quit shall be necessary from or to a tenant whose term is, by agreement,
to end at a time certain. 
(5) Except as otherwise provided in section 38-33-112, C.R.S., the provisions of
subsections (1) and (4) of this section shall not apply to the termination of a residential tenancy
during the ninety-day period provided for in said section. 


13-40-107.5. Termination of tenancy for substantial violation - definition - legislative declaration. 
(1) The general assembly finds and declares that: 
(a) Violent and antisocial criminal acts are increasingly committed by persons who
base their operations in rented homes, apartments, and commercial properties; 
(b) Such persons often lease such property from owners who are unaware of the
dangerous nature of such persons until after the persons have taken possession of the property; 
(c) Under traditional landlord and tenant law, such persons may have established
the technical, legal right to occupy the premises for a fixed term which continues long after they
have demonstrated themselves unfit to coexist with their neighbors and co-tenants; furthermore,
such persons often resist eviction as long as possible;
(d) In certain cases it is necessary to curtail the technical, legal right of occupancy
of such persons in order to protect the equal or greater rights of neighbors and co-tenants, the
interests of property owners, the values of trust and community within neighborhoods, and the
health, safety, and welfare of all the people of this state. 
(2) It is declared to be an implied term of every lease of real property in this state that the
tenant shall not commit a substantial violation while in possession of the premises. 
(3) As used in this section, "substantial violation" means any act or series of acts by the
tenant or any guest or invitee of the tenant which, when considered together: 
(a) Occurs on or near the premises and endangers the person or willfully and
substantially endangers the property of the landlord, any co-tenant, or any person living on or near
the premises; or 
(b) Occurs on or near the premises and constitutes a violent or drug-related felony
prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S. 
(4) (a) A tenancy may be terminated at any time on the basis of a substantial violation.
The termination shall be effective three days after service of written notice to quit. 
(b) The notice to quit shall describe the property, the particular time when the
tenancy will terminate, and the grounds for termination. The notice shall be signed by the landlord
or by the landlord's agent or attorney. 
(5) (a) In any action for possession under this section, the landlord has the burden of
proving the occurrence of a substantial violation by a preponderance of the evidence. 
(b) In any action for possession under this section, it shall be a defense that: 
(I) The tenant is a victim of domestic violence that has been documented by
the filing of a police report or the issuance of a restraining order and the domestic violence is the
basis for the termination notice; or 
(II) The tenant did not know of, and could not reasonably have known of
or prevented, the commission of a substantial violation by a guest or invitee but immediately
notified a law enforcement officer of his knowledge of the substantial violation. 


13-40-108. Service of notice to quit. A notice to quit or demand for possession of real property
may be served by delivering a copy thereof to the tenant or other person occupying such premises,
or by leaving such copy with some person, a member of the tenant's family above the age of
fifteen years, residing on or in charge of the premises, or, in case no one is on the premises at the
time service is attempted, by posting such copy in some conspicuous place on the premises. 


13-40-109. Jurisdiction of courts. The district courts in their respective districts and county courts
in their respective counties have jurisdiction of all cases of forcible entry, forcible detainer, or
unlawful detainer arising under this article, and the person entitled to the possession of any
premises may recover possession thereof by action brought in any of said courts in the manner
provided in this article. On and after January 1, 1991, in all actions brought before county courts
under section 13-40-104 (1) (f) to (1) (i), where the allegations of the complaint are put in issue
by a verified answer and in actions in which the verified answer alleges a monthly rental value of
the property in excess of ten thousand dollars, the county court, upon the filing of said answer,
shall suspend all proceedings therein and certify said cause and transmit the papers therein to the
district court of the same county. Causes so certified by the county court shall be proceeded
within the courts to which they have been so certified in all respects as if originally begun in the
court to which they have been certified. On and after January 1, 1991, the jurisdiction of the
county court to enter judgment for rent, or damages, or both and to render judgment on a
counterclaim in forcible entry and detainer shall be limited to a total of ten thousand dollars in
favor of either party, exclusive of costs and attorney fees. 


13-40-110. Action - how commenced. 
(1) An action under this article is commenced by filing with the court a complaint in
writing describing the property with reasonable certainty, the grounds for the recovery thereof,
the name of the person in possession or occupancy, and a prayer for recovery of possession. 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. 
(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, shall specify the particular reasons
for termination as such reasons are stated in section 38-12-203, C.R.S. Such complaint shall
specify the approximate time, place, and manner in which the tenant allegedly committed the acts
giving rise to the complaint. 


13-40-111. Issuance and return of summons. Upon filing the complaint as provided in section
13-40-110, the clerk of the court or the attorney for the plaintiff shall issue a summons. The
summons shall command the defendant to appear before the court at a place named in such
summons and at a time and on a day which shall be not less than five days nor more than ten days
from the day of issuing the same to answer the complaint of plaintiff. The summons shall also
contain a statement addressed to the defendant stating: "If you fail to file with the court, at or
before the time for appearance specified in the summons, an answer to the complaint setting forth
the grounds upon which you base your claim for possession and denying or admitting all of the
material allegations of the complaint, judgment by default may be taken against you for the
possession of the property described in the complaint, for the rent, if any, due or to become due,
for present and future damages and costs, and for any other relief to which the plaintiff is
entitled.". 


13-40-112. Service. 
(1) Such summons may be served by personal service as in any civil action. A copy of the
complaint must be served with the summons. 
(2) If personal service cannot be had upon the defendant by a person qualified under the
Colorado rules of civil procedure to serve process, after having made diligent effort to make such
personal service, such person may make service by posting a copy of the summons and the
complaint in some conspicuous place upon the premises. In addition thereto, the plaintiff shall
mail, no later than the next day following the day on which he files the complaint, a copy of the
summons, or, in the event that an alias summons is issued, a copy of the alias summons, and a
copy of the complaint to the defendant at the premises by postage prepaid, first-class mail. 
(3) Personal service or service by posting shall be made at least five days before the day
for appearance specified in such summons, and the time and manner of such service shall be
endorsed upon such summons by the person making service thereof. 


13-40-113. Answer of defendant - additional and amended pleadings. 
(1) The defendant shall file with the court, at or before the time specified for his
appearance in the summons, an answer in writing setting forth the grounds on which he bases his
claim for possession and admitting or denying all of the material allegations of the complaint and
presenting every defense which then exists and upon which he intends to rely, either by including
the same in his answer or by filing simultaneously therewith motions setting forth every such
defense. 
(2) The court for good cause may permit the filing of additional and amended pleadings
where such will not result in delay prejudicial to the defendant. 


13-40-114. Delay in trial - undertaking. If either party requests a delay in trial longer than five
days, the court in its discretion may, upon good cause shown, require either of the parties to give
bond or other security approved and fixed by the court in an amount for the payment to the
opposite party of such sum as he may be damaged due to the delay. 


13-40-115. Judgment - writ of restitution. 
(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 such trial or further hearing under this article after personal service is had 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, and, if it 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 such 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, and judgment shall enter for
such amounts, together with reasonable attorney's fees and costs, upon which judgment execution
shall issue as in other civil actions. Nothing in this section shall be construed to permit the entry of
judgment in excess of the jurisdictional limit of the court. 


13-40-116. Dismissal. If the plaintiff's action brought for any of the causes mentioned in this
article, upon the trial thereon, is dismissed or the action fails to prove the plaintiff's right to the
possession of the premises described in the complaint, the defendant shall have judgment and
execution for his costs. 


13-40-117. Appeals. 
(1) If either party feels aggrieved by the judgment rendered in such action before the
county court, he may appeal to the district court, as in other cases tried before the county court,
with the additional requirements provided in this article. 
(2) Upon the court's taking such appeal, all further proceedings in the case shall be stayed,
and the appellate court shall thereafter issue all needful writs and process to carry out any
judgment which may be rendered thereon in the appellate court. 
(3) If the appellee believes that he may suffer serious economic harm during the pendency
of the appeal, he may petition the court taking the appeal to order that an additional undertaking
be required of the appellant to cover the anticipated harm. The court shall order such undertaking
only after a hearing and upon a finding that the appellee has shown a substantial likelihood of
suffering such economic harm during the pendency of the appeal and that he will not adequately
be protected under the appeals bond and the other requirements for appeal pursuant to sections
13-40-118, 13-40-120, and 13-40-123. 


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. 


13-40-119. Rules of practice. In all actions brought under any provision of this article in any
court, the proceedings shall be governed by the rules of practice and the provisions of law
concerning civil actions in such court, except as may be otherwise provided in this article. 


13-40-120. Appellate review. Appellate review of the judgment of the district courts of this state,
in proceedings under this article, is allowed as provided by law and the Colorado appellate rules.
In cases of appeal from judgments founded upon causes of action embraced in section 13-40-104
(1) (d), the deposit of rent money during pendency of appeal shall be made, or judgment of
affirmance shall be entered, in the manner provided in section 13-40-118. 


13-40-121. When deposit of rent is paid. The rent money deposited, as provided for in this article,
shall be paid to the landlord entitled thereto, upon the order of the court wherein the same is
deposited and at such time and in such manner as the court determines necessary to protect the
rights of the parties. 



13-40-122. Writ of restitution after judgment. No writ of restitution shall issue upon any
judgment entered in any action under the provisions of this article out of any court until after the
expiration of forty-eight hours from the time of the entry of such judgment; and such writs shall
be executed by the officer having the same only in the daytime and between sunrise and sunset. 


13-40-123. Damages. The prevailing party in any action brought under the provisions of this
article is entitled to recover damages, reasonable attorney fees, and costs of suit. Nothing in this
section shall be construed to permit the entry of judgments in any single proceeding in excess of
the jurisdictional limit of said court. 


13-40-124. Qualified farm owner-tenant defined. (Repealed) 


13-40-125. Rights of qualified farm owner-tenant. (Repealed) 


13-40-125.5. Possession pursuant to agreement - enforcement. (Repealed) 


13-40-126. Priority of proceedings. (Repealed) 




ARTICLE 12

Tenants and Landlords



PART 1

SECURITY DEPOSITS - WRONGFUL WITHHOLDING

38-12-101. Legislative declaration.
38-12-102. Definitions.
38-12-103. Return of security deposit.
38-12-104. Return of security deposit - hazardous condition - gas appliance.

PART 2

MOBILE HOME PARK ACT

38-12-200.1. Short title.
38-12-200.2. Legislative declaration.
38-12-201. Application of part 2.
38-12-201.5. Definitions.
38-12-202. Tenancy - notice to quit.
38-12-202.5. Action for termination.
38-12-203. Reasons for termination.
38-12-204. Nonpayment of rent - notice required for rent increase.
38-12-205. Termination prohibited.
38-12-206. Home owner meetings.
38-12-207. Security deposits - legal process.
38-12-208. Remedies.
38-12-209. Entry fees prohibited - entry fee defined - security deposit - court costs.
38-12-210. Closed parks prohibited.
38-12-211. Selling fees prohibited.
38-12-212. Certain types of landlord-seller agreements prohibited.
38-12-212.3. Responsibilities of landlord - acts prohibited.
38-12-212.7. Landlord utilities account.
38-12-213. Rental agreement - disclosure of terms in writing.
38-12-214. Rules and regulations.
38-12-215. New developments and parks - rental of sites to dealers authorized.
38-12-216. Mediation, when permitted - court actions.
38-12-217. Notice of sale of mobile home park.



PART 3

LOCAL CONTROL OF RENTS PROHIBITED

38-12-301. Control of rents by counties and municipalities prohibited.
38-12-302. Definitions.



PART 1

SECURITY DEPOSITS - WRONGFUL WITHHOLDING

38-12-101. Legislative declaration. The provisions of this part 1 shall be liberally construed to
implement the intent of the general assembly to insure the proper administration of security
deposits and protect the interests of tenants and landlords.

** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **

Law reviews. For comment, "Colorado's Wrongful Withholding of Security Deposits Act: 
Three Litigious Shares in an Untested Law", see 49 Den. L.J. 453 (1973). For article, "The
Colorado Security Deposit Act", see 50 U. Colo. L.

Rev. 29 (1978).

Purpose. The security deposit act was passed to control the practices of landlords who
withhold, without justification, their tenants' damage deposits.
Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976).
Statute as basis for jurisdiction. See Turner v. Lyon, 189 Colo. 234, 539 P.2d 1241 (1975).
-----------------------------------------------------------------------------



38-12-102. Definitions. As used in this part 1, unless the context otherwise requires:
-----------------------------------------------------------------------------



PART 3

LOCAL CONTROL OF RENTS PROHIBITED

38-12-301. Control of rents by counties and municipalities prohibited.
The general assembly finds and declares that the imposition of rent control on private residential
housing units is a matter of statewide concern; therefore, no county or municipality may enact any
ordinance or resolution which would control rents on private residential property. This section is
not intended to impair the right of any state agency, county, or municipality to manage and
control any property in which it has an interest through a housing authority or similar agency.

38-12-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Municipality" means a city or town and, in addition, means a city or town incorporated
prior to July 3, 1877, whether or not reorganized, and any city, town, or city and county which
has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state
constitution.