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 13-40-104 - Unlawful detention defined - definitions

(1)
A person has committed 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 at sufferance, or for any period of time, of any nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), including a specific or undivided portion of a building, holds over and continues in possession of the nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), or any portion thereof, after the expiration of the term for which the nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) was leased or after the tenancy has been terminated by either party;
(d)
When such tenant or lessee holds over without permission of the tenant's or lessee's landlord after any default in the payment of rent pursuant to the agreement under which the tenant or lessee holds, and, ten 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; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required pursuant to this section, and for an exempt residential agreement, five days' notice is required pursuant to this section. No such agreement shall contain a waiver by the tenant of the notice requirement of this subsection (1)(d). It is not 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 a tenant or lessee holds over without permission, contrary to any material condition or covenant of the agreement under which the tenant or lessee holds, and ten days' notice in writing has been duly served upon the tenant or lessee requiring either compliance with the condition or covenant or the delivery of the possession of the premises; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required, and for an exempt residential agreement, five days' notice is required;
(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 pursuant to a residential agreement may be terminated at any time pursuant to this subsection (1)(e.5) on the basis of a subsequent violation of the same condition or covenant of the agreement. The termination of a residential tenancy is effective ten days after service of written notice to terminate tenancy. Notwithstanding any other provision of this subsection (1)(e.5)(II), a tenancy pursuant to a nonresidential agreement, an exempt residential agreement, or an employer-provided housing agreement may be terminated at any time pursuant to this subsection (1)(e.5) on the basis of a subsequent violation. The termination of a nonresidential tenancy or an employer-provided housing tenancy is effective three days after service of written notice to terminate tenancy, and the termination of a tenancy pursuant to an exempt residential agreement is effective five days after service of written notice to terminate tenancy.
(e.8)
When a tenant holds over and maintains possession of a residential premises after the landlord has properly initiated a no-fault eviction by satisfying the notice requirements and other requirements associated with the no-fault eviction, as described in section 38-12-1303 (3);
(f)
When the property has been duly sold under any power of sale, contained in any mortgage or trust deed that was executed by such person, or any person under whom such person 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 or her assigns, has duly demanded the possession thereof;
(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, refuse or neglect to surrender possession thereof after demand therefor has been duly made by the purchaser at such sale, or his or her assigns;
(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.
(j)
(I)
When a tenant or lessee holds over without permission of the landlord after the tenant or lessee has engaged in conduct that is disturbing others or causing a nuisance, which conduct interferes with the quiet enjoyment of the landlord, if the landlord lives in the same or an immediately adjacent property, or of others who reside in an immediately adjacent property, or of other tenants or occupants of the same property, or the tenant or lessee by reason of negligence damaged the housing accommodation, and ten days' notice in writing has been duly served upon the tenant or lessee, which notice contains a description of the specific conduct that disturbed others or caused a nuisance, requiring in the alternative cessation of the conduct that is disturbing others or causing a nuisance that interferes with the quiet enjoyment of the landlord, if the landlord lives in the same or immediately adjacent property, or other tenants or occupants of the same property, or maliciously or by reason of negligence damaged the housing accommodation or possession of the premises so held; except that, for a nonresidential agreement or an employer-provided housing agreement, three days' notice is required pursuant to this subsection (1)(j), and for an exempt residential agreement, five days' notice is required pursuant to this section.
(II)
The lawful exercise by a tenant of any rights pursuant to any law or rule relating to occupancy of a property, including this subsection (1)(j), shall not be deemed to interfere with the quiet enjoyment of the landlord or other tenants or other ground for eviction pursuant to this subsection (1)(j).
(III)
It shall not constitute a nuisance or disturbance for purposes of This subsection (1)(j) if a victim of domestic violence is being accused of causing a disturbance or nuisance as a direct result of being a victim of domestic violence. This exception applies only to victims of domestic violence and not to perpetrators.
(2) and (3)
Repealed.
(4)
(a)
It shall not constitute an unlawful detention of real property as described in paragraph (d.5), (e), or (e.5) of subsection (1) of this section if the tenant or lessee is the victim of domestic violence, as that term is defined in section
18-6-800.3
, C.R.S., or of domestic abuse, as that term is defined in section
13-14-101 (2)
, which domestic violence or domestic abuse was the cause of or resulted in the alleged unlawful detention and which domestic violence or domestic abuse has been documented by the following:
(I)
A police report; or
(II)
A valid civil or emergency protection order.
(b)
A person is not guilty of an unlawful detention of real property pursuant to paragraph (a) of this subsection (4) if the alleged violation of the rental or lease agreement is a result of domestic violence or domestic abuse against the tenant or lessee.
(c)
A rental, lease, or other such agreement shall not contain a waiver by the tenant or lessee of the protections provided in this subsection (4).
(d)
Nothing in this subsection (4) shall prevent the landlord from seeking judgment for possession against the tenant or lessee of the premises who perpetuated the violence or abuse that was the cause of or resulted in the alleged unlawful detention.
(5)
As used in this section, unless the context otherwise requires:
(a)
"Employer-provided housing agreement" means a residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord.
(b)
"Exempt residential agreement" means a residential agreement leasing a single family home by a landlord who owns five or fewer single family rental homes and who provides notice in the agreement that a ten-day notice period required pursuant to this section does not apply to the tenancy entered into pursuant to the agreement.
Amended by 2024 Ch. 113,§ 3, eff. 4/19/2024.
Amended by 2019 Ch. 230, §1, eff. 5/20/2019.
L. 1885: p. 224, § 3. R.S. 08: § 2603. C.L. § 6369. CSA: C. 70, § 4. CRS 53: § 58-1-4. C.R.S. 1963: § 58-1-4. L. 79: (1)(h) amended, p. 648, § 4, effective July 1. L. 83: (1)(d) amended, p. 631, § 1, effective July 1. L. 86: (1)(c), (1)(f), and (1)(g) amended and (2) added, p. 434, § 7, effective April 18. L. 87: (1)(e) amended, p. 565, § 1, effective March 13; (2)(a)(I), (2)(a)(II), and (2)(b) amended and (3) added, p. 1356, § 6, effective July 1. L. 94: (1)(d.5) added, p. 1467, § 1, effective May 31. L. 95: (1)(e) amended and (1)(e.5) added, p. 271, § 1, effective July 1. L. 98: (1)(c), (1)(f), and (1)(g) amended, p. 819, § 15, effective August 5. L. 2005: (4) added, p. 401, § 1, effective July 1. L. 2019: (1)(d), (1)(e), and (1)(e.5)(II) amended and (5) added, (HB 19-1118), ch. 2316, p. 2316, § 1, effective May 20.
Subsection (2)(b) provided for the repeal of subsection (2), effective January 31, 1989. (See L. 87, p. 1356.) Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 1991. (See L. 87, p. 1356.)