(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 due according to the notice, as well as any rent that remains due under the rental agreement, 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. 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.
Notes of Decisions
Aspen Plaza Co. v. Garcia, 691 P.2d 763 (Colo. Ct. App. 1984).
· cites it 5× “Here, the issue of possession was properly determined, see § 13-40-115(1), C.R.S., and is, therefore, res judicata.”
Magliocco v. Olson, 762 P.2d 681 (Colo. Ct. App. 1987).
· cites it 5× “Section 13-40-115, C.R.S. (1987 Repl.Vol.”
Miles v. Fleming, 214 P.3d 1054 (Colo. 2009).
“See § 13-40-115. Were it not sufficiently clear from the inclusion of a "substantial violation" among the grounds for "unlawful detention" itself, see § 18-40-104(1)(d.”
Boehme v. United States Postal Serv., 343 F.3d 1260 (10th Cir. 2003).
“§ 13-40-110(1) (providing that “[a]n action under this article is commenced by filing with the court a complaint in writing describing the property with reasonable certainty, the grounds for recovery thereof, the name of the person in possession or occupancy, and a prayer for…”
Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982).
“§ 13-40-115(2) Judgment — writ of restitution.”
Renco Assocs. v. D'Lance, Inc., 214 P.3d 1069 (Colo. Ct. App. 2009).
· cites it 2× “Section 13-40-115(2) provides that, after personal service on the defendant, [in addition to [al 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…”
Lindsay v. Dist. Court ex rel. City & Cnty. of Denver, 694 P.2d 843 (Colo. 1985).
· cites it 4× “” Over a year later, in November 1983, Westmor filed a motion for entry of a writ of restitution pursuant to section 13-40-115, 6 C.R.S. (1973). 4 It alleged that pursuant to the trial court’s order of September 23, 1982, petitioners were required to make monthly payments in…”
Husar v. Larimer Cnty. Court, 629 P.2d 1104 (Colo. Ct. App. 1981).
· cites it 2× “The general assembly recognized that there could be jury trials in forcible entry and detainer actions by the language used in § 13-40-115, C.R.S. 1973, referring to both court and jury trials.”
Woodruff v. Tschetter (Colo. Ct. App. 2026).
· cites it 19× “Accordingly, to minimize confusion, all citations to sections 13-40-115 and 38-12-801 in this opinion are to the 2023 version of the Colorado Revised Statutes.”
— Colo. Rev. Stat. § 13-40-115(1) — 3 cases
Aspen Plaza Co. v. Garcia, 691 P.2d 763 (Colo. Ct. App. 1984).
“Here, the issue of possession was properly determined, see § 13-40-115(1), C.R.S., and is, therefore, res judicata.”
Magliocco v. Olson, 762 P.2d 681 (Colo. Ct. App. 1987).
“Section 13-40-115, C.R.S. (1987 Repl.Vol.”
— Colo. Rev. Stat. § 13-40-115(2) — 9 cases
Boehme v. United States Postal Serv., 343 F.3d 1260 (10th Cir. 2003).
“§ 13-40-110(1) (providing that “[a]n action under this article is commenced by filing with the court a complaint in writing describing the property with reasonable certainty, the grounds for recovery thereof, the name of the person in possession or occupancy, and a prayer for…”
Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982).
“§ 13-40-115(2) Judgment — writ of restitution.”
Renco Assocs. v. D'Lance, Inc., 214 P.3d 1069 (Colo. Ct. App. 2009).
“Section 13-40-115(2) provides that, after personal service on the defendant, [in addition to [al 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…”
— Colo. Rev. Stat. § 13-40-115(4) — 1 case
Woodruff v. Tschetter (Colo. Ct. App. 2026).
“Accordingly, to minimize confusion, all citations to sections 13-40-115 and 38-12-801 in this opinion are to the 2023 version of the Colorado Revised Statutes.”
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