Cal. Civ. Code § 13-40-115
Judgment - writ of restitution - cure period.
Operative Text
(1) Upon the trial of any action under this article if service was had only by posting in accordance with section 13-40-112 (2) and if the court finds that the defendant has committed an unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the premises and shall issue a writ of restitution. The court may also continue the case for further hearing from time to time and may issue alias and pluries summonses until personal service upon the defendant is had. (2) Upon a trial or further hearing pursuant to this article 40 after personal service has been made upon the defendant in accordance with section 13-40-112 (1), if the court or jury has not already tried the issue of unlawful detainer, it may do so. If the court finds that the defendant has committed an unlawful detainer, the court shall enter judgment for the plaintiff to have restitution of the premises and shall issue a writ of restitution. In addition to the judgment for restitution, the court or jury shall further find the amount of rent, if any, due to the plaintiff from the defendant at the time of trial; the amount of damages, if any, sustained by the plaintiff to the time of the trial on account of the unlawful detention of the property by the defendant; and damages sustained by the plaintiff to the time of trial on account of injuries to the property. The court shall enter judgment for such amounts, together with any reasonable attorney fees and costs as in other civil actions. This section does not permit the entry of judgment in excess of the court's jurisdictional limit. (3) A writ of restitution that is issued by the court pursuant to subsection (1) or (2) of this section shall remain in effect for forty-nine days after issuance and shall automatically expire thereafter. (4) A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full payment of all amounts lawfully due according to the notice, as well as any rent that remains due under the rental agreement or that remains due pursuant to a repayment plan established pursuant to section 13-40-104 (4)(e), at any time until a judge issues a judgment for possession pursuant to subsection (1) or (2) of this section. A tenant may pay this amount to either the landlord or to the court. Once a court has confirmation that the full amount has been timely paid, the court shall: (a) Vacate any judgments that have been issued; and (b) Dismiss the action with prejudice. (5) The rights provided in subsection (4) of this section may not be waived by any written agreement.
Colorado Revised Statutes § 13-40-115 governs what happens when a court finds that a tenant has committed unlawful detainer (remaining on a property without legal right). If the court rules against the tenant, it must issue a judgment for restitution and a writ of restitution, which expires automatically after 49 days. Importantly, the law also gives a tenant the right to stop the eviction at any point before a judge issues a judgment by paying the full amount owed — including all past-due rent and any amounts under a repayment plan — and this right cannot be signed away in any written agreement.
Plain English — not legal advice.
Under § 13-40-115, a landlord who has served proper notice of nonpayment is required to accept a tenant's full payment of all lawfully owed amounts at any time up until the moment a judge enters a judgment for possession. Compliant operators keep accurate records of all amounts due — including rent owed under any repayment plan established under § 13-40-104(4)(e) — so that a full-payment calculation is readily available. If the court confirms full payment was made in time, any judgment is vacated and the case is dismissed with prejudice, meaning the landlord cannot re-litigate the same claim.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-40-115 gives tenants a statutory right to halt an eviction for nonpayment by paying the full amount owed — rent, fees, and any repayment-plan balances — before a judge issues a judgment for possession, and this right cannot be waived by any lease clause or written agreement. Payment may be made directly to the landlord or to the court, and once the court confirms timely full payment, it must vacate any judgments and dismiss the case with prejudice. Tenants who want to understand exactly what amounts are "lawfully due" under their notice, or who face a writ of restitution (which expires after 49 days under this section), may benefit from contacting a local tenant-rights organization or legal aid office for general guidance.
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.
Effective Timeline
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