Cal. Civ. Code § 13-40-105
Crops of possessor.
Operative Text
In all cases arising under section 13-40-104 (1)(c) to (1)(i), the person in possession is entitled to cultivate and gather the crops, if any, planted or sown by him previous to the service of the demand to deliver up possession, and then grown or growing on the premises, and shall have the right to enter such premises for the purpose of cultivating or removing such crops, first paying or tendering to the party entitled to the possession of said premises a reasonable compensation for the use of the land before removing such crops.
Under Colorado Revised Statutes § 13-40-105, a person who has been served with a demand to vacate does not automatically forfeit crops they planted before receiving that demand. The rule allows the possessor to tend and harvest those crops even after losing the right to occupy the premises, provided they pay or offer to pay a reasonable amount for the continued use of the land before removing the harvest. This provision applies specifically in the eviction-related circumstances described in § 13-40-104(1)(c) through (1)(i).
Plain English — not legal advice.
Colo. Rev. Stat. § 13-40-105 means that serving a demand for possession does not necessarily end a former occupant's right to access the property if they had crops in the ground at the time of service. Compliant property owners and managers typically document what crops, if any, were planted before the demand was served and work out a reasonable compensation arrangement before the former possessor removes those crops. Keeping clear records of any payment offers or agreements related to crop removal can help operators demonstrate compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Colo. Rev. Stat. § 13-40-105, a tenant or other possessor who planted crops before receiving a demand to vacate retains the right to cultivate and harvest those crops, even after the demand is served. To exercise this right, the possessor must pay or formally offer to pay the property owner a reasonable amount for use of the land before removing the crops. Tenants who believe this right is being denied may wish to consult a tenant-rights organization or legal aid provider familiar with Colorado landlord-tenant and agricultural property law.
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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