Cal. Civ. Code § 13-40-103
Forcible detention prohibited.
Operative Text
No person, having peaceably entered into or upon any real property without right to the possession thereof, shall forcibly hold or detain the same as against the person who has a lawful right to such possession.
Colorado Revised Statute § 13-40-103 addresses a specific form of unlawful occupancy known as forcible detention. Under this provision, someone who initially entered a property peacefully but without a legal right to possess it is prohibited from then using force or intimidation to hold onto that property against the person who does have a lawful right to possess it. The rule draws a distinction between the manner of entry and the manner of retention — a peaceful entry does not excuse a forcible hold.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 13-40-103, property owners and managers who discover an occupant holding their property without a legal right to possession may have grounds to pursue a forcible entry and detainer action in Colorado courts. Compliant operators generally document the absence of any lease or other possessory right and avoid self-help measures such as changing locks or removing belongings without a court order. Familiarity with Colorado's unlawful detainer statutes helps operators understand when a court-supervised removal process is the appropriate path.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 13-40-103 is relevant to tenants who want to understand the boundaries of lawful occupancy in Colorado. A tenant who holds possession under a valid lease or other recognized legal right is not the type of occupant this provision targets, since the provision specifically concerns those who entered without any right to possession. Tenants who believe they have a legitimate possessory interest and are facing removal may wish to review their lease documentation, consult a tenant-rights organization, or explore whether raising their legal right to possession is available as a defense in any court proceeding brought against them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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