Cal. Civ. Code § 13-40-110

Action - how commenced - report.

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

Operative Text

Cal. Civ. Code § 13-40-110
(1) (a) 
An action pursuant to this article 40 is commenced by filing with the court a
complaint in writing using the standard form of eviction complaint and
affidavit for a residential tenancy that is available online through the
judicial department's website to describe the property with reasonable
certainty; the street address and the zip code, listed separately; the grounds
for recovery; the name of the person in possession or occupancy; a prayer for
recovery of possession; and a signed affidavit that states:

(I) 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, and the
complainant and residential tenant participated in mandatory mediation and the
mediation was unsuccessful;

(II) 
The complainant and residential tenant did not participate in mandatory
mediation because the residential tenant:

(A) Did
not disclose or declined to disclose in writing in response to a written
inquiry from the complainant that 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; or

(B) 
Does not receive 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; or

(III) 
The complainant and residential tenant did not participate in mandatory
mediation because the complainant is:

(A) A
501(c)(3) nonprofit organization that offers opportunities for mediation to
residential tenants prior to filing a residential eviction in court; or

(B) A
landlord with five or fewer single-family rental homes and no more than five
total rental units, including any single-family homes.

(b) 
Mandatory mediation must be conducted by a trained neutral third party and be
provided at no cost to the residential tenant. The landlord is only required to
pay for the landlord's portion of the mandatory mediation. The complainant and
residential tenant may have legal representation present during the mandatory
mediation. A residential tenant may voluntarily waive the tenant's right to
mandatory mediation, but a waiver must not be in any lease agreement or other
agreement between the complainant and residential tenant pursuant to section
38-12-801.

(c) The
office of dispute resolution, created in section 13-22-303, shall schedule the
mandatory mediation at the first available date, but no later than fourteen
calendar days after the landlord requests the mediation.

(d) 
Failure to comply with the mandatory mediation requirements outlined in this
subsection (1) is an affirmative defense. If the affirmative defense is raised
and the complainant cannot demonstrate that the requirements were met, the
court shall dismiss the case without prejudice and a new complaint must be
filed.

(e) The
complaint may also set forth the amount of rent due, the rate at which it is
accruing, the amount of damages due, and the rate at which they are accruing
and may include a prayer for rent due or to become due, present and future
damages, costs, and any other relief to which plaintiff is entitled.

(f) 
Notwithstanding the requirement to file a complaint using the standard form of
eviction pursuant to subsection (1)(a) of this section, the court shall accept
a complaint filed on a different form if the complaint meets the requirements
of this section.

(2) In
an action for termination of a tenancy in a mobile home park, the complaint, in
addition to the requirements of subsection (1) of this section, must specify
the reasons for termination as the reasons are stated in section 38-12-203. The
complaint must specify the approximate time, place, and manner in which the
tenant allegedly committed the acts giving rise to the complaint. If the action
is based on the mobile home or mobile home lot being out of compliance with the
rules and regulations adopted pursuant to section 38-12-214, the complaint must
specify that the home owner was given ninety days after the date of service or
posting of the notice to terminate tenancy to cure the noncompliance, that
ninety days have passed, and the noncompliance has not been cured.

(3) The
complaint must include:

(a) A
designation of whether the plaintiff elects to participate in any hearing in
person or remotely by phone or video on a platform designated by the court.
Upon filing the complaint, the court shall provide the plaintiff with any
necessary information to facilitate the plaintiff's participation.

(b) A
box indicating if the eviction is for a residential or commercial tenancy.

(3.5) 
If the tenant provides written or actual notice to the landlord that the tenant
is a victim-survivor of unlawful sexual behavior, stalking, domestic violence,
or domestic abuse, and the tenant consents to the landlord sharing the
information with the court, the landlord shall disclose the information on the
complaint or with the return of service filed with the court.

(4) 
Beginning January 2024, the judicial department shall report to the house of
representatives judiciary committee and the senate judiciary committee, or
their successor committees, during the judicial department's "SMART
Act" hearing the total number of mediations scheduled by the office of
dispute resolution pursuant to this section, the outcomes of the mediations,
and the cost of the mediations for the previous fiscal year.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 13-40-110 establishes the procedural requirements for starting a residential eviction lawsuit in Colorado. Before filing, landlords must generally complete a mandatory mediation process through the Office of Dispute Resolution when a tenant receives certain public benefits such as SSI, SSDI, or Colorado Works assistance — unless specific exemptions apply, such as the landlord owning five or fewer single-family homes with no more than five total rental units, or the landlord being a qualifying nonprofit. The mediation must be conducted by a neutral third party at no cost to the tenant, and must be scheduled within fourteen calendar days of the landlord's request. Failure to satisfy these requirements is an affirmative defense that can result in dismissal of the eviction case without prejudice.

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

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 13-40-110, compliant residential landlords use the standard eviction complaint form available through the Colorado Judicial Department's website and include a signed affidavit addressing the mandatory mediation requirements before filing. Operators who are not exempt — for example, those who own more than five rental units or are not qualifying nonprofits — typically inquire in writing whether a tenant receives SSI, SSDI, or Colorado Works benefits, and if so, request mediation through the Office of Dispute Resolution before initiating court proceedings. Landlords generally document each step of the mediation process carefully, since the court may dismiss a complaint without prejudice if the affidavit requirements under § 13-40-110 are not properly satisfied.

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. § 13-40-110 provides residential tenants who receive SSI, SSDI, or Colorado Works benefits with a right to mandatory mediation — conducted at no cost to the tenant — before a landlord may file an eviction complaint in court. If a landlord files without completing the required mediation process, a tenant may raise the landlord's failure as an affirmative defense, which can result in the court dismissing the case without prejudice. Tenants who believe this provision has not been followed may wish to consult a tenant-rights organization or legal aid provider familiar with Colorado eviction procedures to understand the options available under § 13-40-110.

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. § 38-12-801
Not yet ingested
Colo. Rev. Stat. § 13-22-303
Not yet ingested
Colo. Rev. Stat. § 38-12-203
Not yet ingested
Colo. Rev. Stat. § 38-12-214
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

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