2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-110. Action - How Commenced

1. An action under this article is commenced by filing with the court a complaint in writing describing the property with reasonable certainty, the grounds for the recovery thereof, the name of the person in possession or occupancy, and a prayer for recovery of possession. The complaint may also set forth the amount of rent due, the rate at which it is accruing, the amount of damages due, and the rate at which they are accruing and may include a prayer for rent due or to become due, present and future damages, costs, and any other relief to which plaintiff is entitled.
2. In an action for termination of a tenancy in a mobile home park, the complaint, in addition to the requirements of subsection (1) of this section, must specify the reasons for termination as the reasons are stated in section 38-12-203. The complaint must specify the approximate time, place, and manner in which the tenant allegedly committed the acts giving rise to the complaint. If the action is based on the mobile home or mobile home lot being out of compliance with the rules and regulations adopted pursuant to section 38-12-214, the complaint must specify that the home owner was given ninety days after the date of service or posting of the notice to quit to cure the noncompliance, that ninety days have passed, and the noncompliance has not been cured.

History. Source: L. 1885: P. 226, § 9. L. 1887: P. 272, § 4. R.S. 08: § 2609. C.L. § 6375. L. 33: P. 481, § 1. CSA: C. 70, § 10. CRS 53: § 58-1-10. L. 55: P. 406, § 1. L. 61: P. 390, § 2. C.R.S. 1963: § 58-1-10. L. 85: Entire section amended, p. 578, § 1, effective July 1. L. 96: (2) amended, p. 670, § 1, effective July 1. L. 2020: (2) amended,(HB 20-1196), ch. 195, p. 927, § 17, effective June 30. History. Source: L. 1885: P. 226, § 9. L. 1887: P. 272, § 4. R.S. 08: § 2609. C.L. § 6375. L. 33: P. 481, § 1. CSA: C. 70, § 10. CRS 53: § 58-1-10. L. 55: P. 406, § 1. L. 61: P. 390, § 2. C.R.S. 1963: § 58-1-10. L. 85: Entire section amended, p. 578, § 1, effective July 1. L. 96: (2) amended, p. 670, § 1, effective July 1. L. 2020: (2) amended,(HB 20-1196), ch. 195, p. 927, § 17, effective June 30.

Law reviews. For article, “Highlights of the 1955 Colorado Legislative Session -- Real Property”, see 28 Rocky Mt. L. Rev. 58 (1955). For article, “Representation of the Landlord in an Unlawful Detainer Action”, see 12 Colo. Law. 69 (1983).

Substantial facts must be set out in complaint. This section requires that the substantial facts, upon which the plaintiff relies, shall be set out in the complaint. Klopfer v. Keller, 1 Colo. 410 (1871).

Fact of written demand for the premises. It is the duty of the plaintiff, if demand in writing for the premises was made, to set it out in his petition as a substantial fact, as required in this section. Doss v. Craig, 1 Colo. 177 (1869).

Allegation held one of material facts and not of mere evidence. An allegation that defendant by “beating plaintiff, and by superior strength and numbers, with threats of violence, did forcibly eject plaintiff”, is an allegation not of mere evidence, but of material facts. Kenny v. Daugherty, 67 Colo. 56 , 185 P. 471 (1919).

This and § 13-40-113 are the only sections of the act in any way relating to the pleadings required of the parties, where the action is commenced in a justice court and by implication exclude necessity for further written pleadings. Joss v. Hallett, 39 Colo. 392 , 89 P. 809 (1907).

Verification permitted at close of case. In a forcible entry and detainer action brought under this article in the district court, plaintiffs were properly permitted at the close of their case to verify their complaint. Franklin v. Macedonia Baptist Church, 123 Colo. 432 , 231 P.2d 793 (1951).