Cal. Civ. Code § 13-40-110
Action - how commenced - report.
Operative Text
(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.
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.
Plain English — not legal advice.
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.
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.
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