(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 posse
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(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.