2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-109. Jurisdiction of Courts

The district courts in their respective districts and county courts in their respective counties have jurisdiction of all cases of forcible entry, forcible detainer, or unlawful detainer arising pursuant to this article 40, and the person entitled to the possession of any premises may recover possession thereof by action brought in any of said courts in the manner provided in this article 40. On and after January 1, 2019, in all actions brought before county courts pursuant to section 13-40-104 (1)(f) to (1)(i), where the allegations of the complaint are put in issue by a verified answer and in actions in which the verified answer alleges a monthly rental value of the property in excess of twenty-five thousand dollars, the county court, upon the filing of said answer, shall suspend all proceedings therein and certify said cause and transmit the papers therein to the district court of the same county. Causes so certified by the county court shall be proceeded within the courts to which they have been so certified in all respects as if originally begun in the court to which they have been certified. On and after January 1, 2019, the jurisdiction of the county court to enter judgment for rent, or damages, or both and to render judgment on a counterclaim in forcible entry and detainer shall be limited to a total of twenty-five thousand dollars in favor of either party, exclusive of costs and attorney fees.

History. Source: L. 1885: P. 226, § 8. L. 1887: P. 271, § 3. R.S. 08: § 2608. C.L. § 6374. CSA: C. 70, § 9. CRS 53: § 58-1-9. C.R.S. 1963: § 58-1-9. L. 64: P. 469, § 1. L. 75: Entire section amended, p. 562, § 2. L. 82: Entire section amended, p. 642, § 1, effective June 1. L. 90: Entire section amended, p. 850, § 9, effective May 31; entire section amended, p. 856, § 7, effective July 1. L. 2001: Entire section amended, p. 1518, § 13, effective September 1. L. 2018: Entire section amended,(SB 18-056), ch. 298, p. 1817, § 2, effective January 1, 2019. History. Source: L. 1885: P. 226, § 8. L. 1887: P. 271, § 3. R.S. 08: § 2608. C.L. § 6374. CSA: C. 70, § 9. CRS 53: § 58-1-9. C.R.S. 1963: § 58-1-9. L. 64: P. 469, § 1. L. 75: Entire section amended, p. 562, § 2. L. 82: Entire section amended, p. 642, § 1, effective June 1. L. 90: Entire section amended, p. 850, § 9, effective May 31; entire section amended, p. 856, § 7, effective July 1. L. 2001: Entire section amended, p. 1518, § 13, effective September 1. L. 2018: Entire section amended,(SB 18-056), ch. 298, p. 1817, § 2, effective January 1, 2019.

For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 100, Session Laws of Colorado 1990.

Law reviews. For article, “Colorado's New Court System”, see 41 Den. L. Ctr. J. 140 (1964).

In forcible entry and detainer suit court may give judgment on pleadings. Where, in an action in forcible entry and detainer, defendant raised no issue and none was shown by the pleadings, there was nothing left for a jury to determine, and, regardless of any contention otherwise, the county court could, and did, properly sustain the motion for judgment on the pleadings. Jorden v. Ellis, 128 Colo. 350 , 262 P.2d 275 (1953).

Forcible entry and detainer action in county court is limited to question of possession, and title to the land involved may not be an issue for resolution there. Aasgaard v. Spar Consol. Mining & Dev. Co., 185 Colo. 157 , 522 P.2d 726 (1974).

When a party validly raises the issue of ownership in a district court forcible entry and detainer action that directly affects the party's right to possession, the district court must determine ownership prior to ruling on possession. A forcible entry and detainer proceeding in district court is not rendered inappropriate simply because the issue of ownership arises. Schuler v. Oldervik, 143 P.3d 1197 (Colo. App. 2006).