Cal. Civ. Code § 13-40-122

Writ of restitution after judgment - definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoSummary Process

Operative Text

Cal. Civ. Code § 13-40-122
(1) (a) 
Except as provided in subsection (1)(a.5) of this section, a court shall not issue
a writ of restitution upon any judgment entered in any action pursuant to this
article 40 until forty-eight hours after the time of the entry of the judgment.
If the writ of restitution concerns a residential tenant who receives
supplemental security income, social security disability insurance under Title
II of the federal "Social Security Act", 42 U.S.C. sec. 401 et seq.,
as amended, or cash assistance through the Colorado works program created in
part 7 of article 2 of title 26, the writ must specify that the writ is not
executable for thirty days after entry of judgment pursuant to subsection
(1)(b) of this section; except in the case:

(I) In
which a court has ordered a judgment for possession for a substantial violation
pursuant to section 13-40-107.5; or

(II) Of
a landlord with five or fewer single-family rental homes and no more than five
total rental units including any single-family homes.

(a.5) 
If the writ of restitution concerns a residential tenant who asserts a defense
pursuant to section 13-40-104 (4)(a) and provides the required documentation,
any filing submitted by the plaintiff that requests a writ must include a
statement that identifies the defendant as a victim-survivor of unlawful sexual
behavior, stalking, domestic violence, or domestic abuse, and a statement
specifying that the writ is not executable for thirty days after entry. If the
writ of restitution is granted by the court, the writ must not be executable
for thirty days after entry of judgment and must be executed by the officer in
the daytime between sunrise and sunset.

(b) A
writ of restitution must be executed by the officer having the same only in the
daytime and between sunrise and sunset, and the officer shall not execute a
writ of restitution concerning a residential tenancy until at least ten days
after entry of the judgment; except that the officer shall not execute a writ
of restitution concerning a residential tenancy until at least thirty days
after entry of judgment if the residential tenant receives supplemental
security income, social security disability insurance under Title II of the
federal "Social Security Act", 42 U.S.C. sec. 401 et seq., as
amended, or cash assistance through the Colorado works program created in part
7 of article 2 of title 26, as specified in the writ; except in the case:

(I) In
which a court has ordered a judgment for possession for a substantial violation
pursuant to section 13-40-107.5; or

(II) Of
a landlord with five or fewer single-family rental homes and no more than five
total rental units including any single-family homes.

(c) Any
writ of restitution governed by this section may be executed by the county
sheriff's office in which the property is located by a sheriff, undersheriff,
or deputy sheriff, as described in section 16-2.5-103 (1) or (2), while off
duty or on duty at rates charged by the employing sheriff's office in
accordance with section 30-1-104 (1)(gg).

(2) The
officer that executes a writ of restitution under subsection (1) of this
section and the law enforcement agency that employs such officer shall be
immune from civil liability for any damage to a tenant's personal property that
was removed from the premises during the execution of the writ. A landlord who
complies with the lawful directions of the officer executing a writ of
restitution shall be immune from civil and criminal liability for any act or
omission related to a tenant's personal property that was removed from the
premises during or after the execution of a writ of restitution.

(2.5) (a)
(I) Notwithstanding subsections (3) and (4) of this section, the officer
that executes a writ of restitution under subsection (1) of this section shall
immediately inspect the premises for any pet animals.

(II) If
the tenant is present on the premises at the time the writ of restitution is
being executed, the officer shall give any pet animals found during the
inspection required by subsection (2.5)(a)(I) of this section to the tenant.

(III) 
If the tenant is not present on the premises at the time the writ of
restitution is being executed and there are any pet animals found during the
inspection required by subsection (2.5)(a)(I) of this section, the officer
shall contact the local authority in charge of animal control to take custody
of the pet animals. The landlord shall provide the local authority in charge of
animal control access to the premises to remove or secure the pet animals in a
timely manner and provide the name and contact information of the tenant, if
available. The landlord shall post notice at the premises in a visible place
with the name and contact information of the organization where the pet animals
have been taken and, upon request of the tenant, shall provide the tenant with
the name and contact information of the organization where the pet animals have
been taken.

(b) No
pet animal shall be removed from the premises during the execution of a writ of
restitution and left unattended on public or private property.

(c) As
used in this section, unless the context otherwise requires, "pet
animal" has the same meaning as set forth in section 35-80-102 (10).

(3) A
landlord has no duty to store or maintain a tenant's personal property that is
removed from the premises during or after the execution of a writ of
restitution. Regardless of whether a landlord elects to store or maintain the
personal property so removed, the landlord shall have no duty to inventory the
personal property or to determine ownership of or the condition of the personal
property. Such storage shall not create either an implied or express bailment
of the personal property, and the landlord shall be immune from liability for
any loss or damage to the personal property.

(4) A
landlord who elects to store a tenant's personal property that was removed from
the premises during or after the execution of a writ of restitution may charge
the tenant the reasonable costs of storing the personal property. To recover
such costs, the landlord may either dispose of the personal property under any
lien rights the landlord has under part 1 of article 20 of title 38, C.R.S., or
the landlord may allow the tenant to recover the personal property after paying
the reasonable storage charges incurred by the landlord.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 13-40-122 governs the timing and execution of writs of restitution in Colorado eviction proceedings. A court generally cannot issue such a writ until at least 48 hours after judgment, and officers may not execute it against a residential tenant until at least 10 days after judgment—extended to 30 days for tenants receiving SSI, SSDI, or Colorado Works cash assistance, with exceptions for substantial lease violations and small landlords. The statute also sets rules for pet animals found during execution, limits liability for officers and compliant landlords regarding removed personal property, and allows landlords to charge reasonable storage costs if they choose to store a tenant's belongings.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 13-40-122, compliant operators track which tenants receive SSI, SSDI, or Colorado Works benefits, since those tenants generally receive a 30-day execution delay rather than the standard 10-day window. Landlords who follow the lawful directions of the executing officer receive immunity from civil and criminal liability for personal property removed during or after the writ's execution, and they have no duty to store, inventory, or assess that property. If a landlord does choose to store belongings, § 13-40-122(4) permits charging reasonable storage costs and recovering them through lien rights or by conditioning return of property on payment.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 13-40-122 provides important timing protections: if you receive SSI, SSDI, or Colorado Works assistance, the writ generally cannot be executed for at least 30 days after judgment, and victim-survivors asserting a defense under § 13-40-104(4)(a) also receive a 30-day non-executable period. If you have pets and are not present when the writ is executed, the officer must contact animal control, and the landlord must post visible notice showing where your pets were taken. Tenants who believe these protections apply to them may raise them as a defense in court or consult a local tenant-rights organization for guidance on available options.

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

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 13-40-107.5
Not yet ingested
Colo. Rev. Stat. § 13-40-104
Not yet ingested
Colo. Rev. Stat. § 16-2.5-103
Not yet ingested
Colo. Rev. Stat. § 30-1-104
Not yet ingested
Colo. Rev. Stat. § 35-80-102
Not yet ingested

References In

Rules and statutes that cite this regulation

Colo. Rev. Stat. § 13-40-101

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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