2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › FORCIBLE ENTRY AND DETAINER (§§ 13-40-101 — 13-40.1-102) › Article 40 - FORCIBLE ENTRY AND DETAINER - GENERAL PROVISIONS (§§ 13-40-101 — 13-40-128) › Section 13-40-122 - Writ of restitution after judgment - definitions

(1)
(a)
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.
(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.
Amended by 2023 Ch. 416,§ 3, eff. 1/1/2024.
Amended by 2023 Ch. 414,§ 3, eff. 6/6/2023.
Amended by 2021 Ch. 348, §2, eff. 6/25/2021.
L. 1885: p. 231, § 24. R.S. 08: § 2624. C.L. § 6390. CSA: C. 70, § 25. CRS 53: § 58-1-25. C.R.S. 1963: § 58-1-24. L. 64: p. 472, § 7. L. 98: Entire section amended, p. 630, § 1, effective August 5. L. 2004: (1) amended, p. 510, § 1, effective August 4.
2023 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).