Colorado § 13-40-115 Judgment - writ of restitution - cure period

Colorado Statutes

§ 13-40-115 — Judgment - writ of restitution - cure period

Colorado·Title 13 Courts·Art. Forcible Entry and Detainer -

(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

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(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.

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Legislative History

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.