1. (1) A person has committed an unlawful detention of real property in the following cases:

   1. (a) When entry is made, without right or title, into any vacant or unoccupied lands or tenements;
   2. (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;
   3. (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;
   4. (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.
   5. (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;
   6. (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;

   7. (e.5)

      1. (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.
      2. (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.
      3. (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);
      4. (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;
      5. (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;
      6. (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;
      7. (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.

      8. (j)

         1. (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.
         2. (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).
         3. (III) Repealed.
2. (2) and (3) Repealed.

3. (4)

   1. (a) It is not an unlawful detention of real property as described in subsection (1)(d), (1)(d.5), (1)(e), (1)(e.5), or (1)(j) of this section if the tenant or lessee is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, which unlawful sexual behavior, stalking, domestic violence, or domestic abuse was the cause of, contributed to, or resulted in the alleged unlawful detention and which unlawful sexual behavior, stalking, domestic violence, or domestic abuse has been documented by at least one of the following:

      1. (I) A police report;
      2. (II) A valid civil, criminal, or emergency protection order or restraining order issued pursuant to article 14 or article 14.5 of this title 13 or section 18-1-1001;
      3. (III) A self-attestation affidavit that states the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and that the incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse is the cause of, contributed to, or resulted in the alleged unlawful detention of real property described in subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section. The self-attestation affidavit must include the name of the party who is allegedly responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse, if the name of the party is known and if the tenant determines it is safe to provide.

      4. (IV)

         1. (A) A letter signed by a qualified third party, including, but not limited to, an employee, agent, or volunteer of a victim-survivor service provider, an attorney, a social worker, a medical professional, a faith leader, or a mental health provider, as defined in section 38-12-401, from whom a tenant has sought assistance relating to unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The letter must state that the qualified third party believes that the incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse occurred and is the cause of, contributed to, or resulted in the alleged unlawful detention described in subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section.
         2. (B) If a landlord receives documentation pursuant to this subsection (4)(a) that contains conflicting information, the landlord may require a tenant to submit a letter signed by a qualified third party pursuant to subsection (4)(a)(IV)(A) of this section.
   2. (b) A person is not guilty of an unlawful detention of real property pursuant to subsection (4)(a) of this section, including for nonpayment of rent, if the tenant agrees to and remains compliant with the requirements described in subsection (4)(e) of this section and if the alleged violation of the rental or lease agreement was caused by or resulted from unlawful sexual behavior, stalking, domestic violence, or domestic abuse against the tenant or lessee.
   3. (c) A rental, lease, or other agreement must not contain a waiver of the protections provided in this subsection (4).
   4. (d) This subsection (4) does not prevent the landlord from seeking judgment for possession against the tenant or lessee of the premises who is responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse that was the cause of, contributed to, or resulted in the alleged unlawful detention of real property.

   5. (e)

      1. (I)

         1. (A) If the tenant has been alleged to have committed unlawful detention of real property due to nonpayment or late payment of rent and the tenant has provided documentation pursuant to subsection (4)(a) of this section that the tenant is a victim-survivor, the landlord shall offer the tenant a repayment plan no later than three business days after serving a demand for unpaid rent or no later than three business days after receiving the documentation described in subsection (4)(a) of this section, whichever is later. Within seven days after receipt of the repayment plan offered by the landlord, the tenant shall accept the landlord's repayment plan or propose an alternative repayment plan that conforms with the requirements of this subsection (4)(e). If the tenant accepts the repayment plan and either party notifies the court by motion, the court must vacate any previous order of judgment. If either party notifies a court that the parties have agreed upon a repayment plan, the court shall not enter an order of judgment for possession or for monetary damages during the pendency of a repayment plan, except as provided in subsection (4)(e)(I)(B) of this section. A landlord's failure to offer a repayment plan pursuant to this subsection (4)(e)(I)(A) is an affirmative defense to an action for unlawful detainer. A tenant's failure to accept the landlord's repayment plan or failure to propose an alternative repayment plan within seven days after receipt of the landlord's repayment plan is a waiver of the affirmative defense. The repayment plan must be structured at the tenant's discretion and must include, at a minimum, a requirement that the tenant pay the full repayment of all lawfully owed rent and make payments on a monthly basis, and the repayment plan must include the amount that must be paid on a monthly basis, which must be at least twenty-five dollars per month. The repayment plan must not exceed nine months from the date the plan is established.
         2. (B) The tenant shall make payments according to the repayment plan schedule. Any payment made more than ten days after the date agreed upon for each payment installment is untimely. If a tenant fails to make a payment or makes three or more untimely payments, the landlord may serve, no sooner than seven days after the payment is untimely or is not made, the tenant with a notice of default demanding payment of all rent that remains lawfully owed. A payment that is not made before the next monthly payment is due constitutes a failure to make a payment. If the tenant fails to make the payment of all remaining rent within seven days, the landlord may file a motion for judgment for possession. In an action for judgment for possession, the tenant may assert any available defenses for nonpayment of rent that may be applicable.
         3. (C) A landlord shall not charge a tenant any fees, interest, or penalties associated with a repayment plan.
      2. (II) If a tenant has satisfied the documentation requirements described in subsection (4)(a) of this section and the tenant relinquishes possession of the property, the tenant is entitled to repay any lawfully owed rent and is entitled to any other protections available pursuant to subsection (4)(e)(I) of this section, and the landlord shall not pursue a claim for monetary damages unless the tenant has failed to comply with the terms of the repayment plan.

4. (5) As used in this section, unless the context otherwise requires:

   1. (a) Domestic abuse has the same meaning as set forth in section 38-12-401.
   2. (b) Domestic violence has the same meaning as set forth in section 38-12-401.
   3. (c) 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.
   4. (d) 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.
   5. (e) Stalking has the same meaning as set forth in section 38-12-401.
   6. (f) Unlawful sexual behavior has the same meaning as set forth in section 38-12-401.
   7. (g) Victim-survivor has the same meaning as set forth in section 38-12-401.

5. (6)

   1. (a) If the provisions of House Bill 25-1168 enacted in 2025 require the judicial department to make changes to any forms, the judicial department shall complete the changes to forms and have the new forms available no later than August 6, 2025.
   2. (b) This subsection (6) is repealed, effective July 1, 2026.

Source: 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. 230, p. 2316, § 1, effective May 20. L. 2024: IP(1), (1)(c), (1)(e), and (1)(e.5)(II) amended and (1)(e.8) and (1)(j) added, (HB 24-1098), ch. 113, p. 360, § 3, effective April 19. L. 2025: (1)(j)(III) repealed, (4) and (5) amended, and (6) added, (HB 25-1168), ch. 229, p. 1049, § 2, effective May 22.

Editor's note: 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.)

Cross references: For the legislative declaration in HB 24-1098, see section 1 of chapter 113, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.