Cal. Civ. Code § 13-40-101
Forcible entry and detainer defined.
Operative Text
(1) If any person enters upon or into any lands, tenements, mining claims, or other possessions with force or strong hand or multitude of people, whether any person is actually upon or in the same at the time of such entry, or if any person by threats of violence or injury to the party in possession or by such words or actions as have a natural tendency to excite fear or apprehension of danger gains possession of any lands, tenements, mining claims, or other possessions and detains and holds the same, such person so offending is guilty of a forcible entry and detainer within the meaning of this article. (2) If any person enters peaceably upon any lands, tenements, mining claims, or other possessions, whether any person is actually in or upon the same at the time of such entry and by force turns the party in possession out or, by threats or by words or actions which have a natural tendency to excite fear or apprehension of danger, frightens the party out of possession and detains and holds the same, such person so offending is guilty of a forcible detainer within the meaning of this article. (3) If any person enters upon or into any lands, tenements, mining claims, or other possessions by force or by threats of violence, or words or actions which have a natural tendency to excite fear or apprehension of danger, and intimidates the party entitled to possession from returning upon or possessing the same, such person so offending is guilty of a forcible entry within the meaning of this article.
Colorado Revised Statutes § 13-40-101 defines three related offenses involving unlawful possession of real property. A person commits forcible entry and detainer by using physical force, threats, or intimidating conduct to seize and hold land or other possessions from someone who has a right to be there. A person commits forcible detainer by entering peacefully but then using force or fear to drive out the occupant and retain control. A person commits forcible entry by using force or threatening conduct to prevent the rightful possessor from returning to or reclaiming the property.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 13-40-101, property owners and managers who need to recover possession of a rental unit are expected to use lawful court processes rather than self-help measures such as physical force, threats, or intimidating conduct. Compliant operators initiate formal eviction proceedings through the courts when a tenant must be removed, avoiding any actions that could be characterized as forcible entry, forcible detainer, or forcible entry and detainer as defined by this statute. Keeping records of all communications and relying on proper legal channels helps demonstrate that possession was recovered through lawful means.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 13-40-101 establishes that using force, threats, or fear-inducing conduct to remove or exclude someone from their home or to prevent them from returning is legally prohibited in Colorado. Tenants who believe they have been subjected to such conduct — including being physically removed, threatened, or intimidated out of their home — may have grounds to raise a violation of this statute as a defense or basis for a legal claim. Tenant-rights organizations and legal aid offices can help explain the options available under this provision, including how it may interact with other Colorado landlord-tenant laws.
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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