Cal. Civ. Code § 13-40-116
Dismissal.
Operative Text
If the plaintiff's action brought for any of the causes mentioned in this article, upon the trial thereon, is dismissed or the action fails to prove the plaintiff's right to the possession of the premises described in the complaint, the defendant shall have judgment and execution for his costs.
Under Colo. Rev. Stat. § 13-40-116, when a landlord (plaintiff) brings an eviction or possession action and either the case is dismissed or the landlord fails to establish a right to possession at trial, the court awards judgment in favor of the tenant (defendant), including an order requiring the landlord to pay the tenant's court costs. This provision shifts the financial burden of litigation costs to the losing plaintiff in covered actions.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 13-40-116, operators who initiate possession actions that are dismissed or that fail at trial become liable for the defendant's court costs by operation of law. Compliant operators generally ensure that any eviction or possession claim is well-supported by evidence before filing, since an unsuccessful action carries a mandatory cost-shifting consequence. Maintaining thorough documentation of lease terms, notices, and payment records is a common practice among operators managing this risk.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 13-40-116 establishes that a tenant who prevails in a possession action—whether through dismissal or a finding that the landlord failed to prove the right to possession—is entitled to a judgment for court costs against the landlord. Tenants who believe a case against them has been improperly brought or lacks evidentiary support may raise this provision as a basis for seeking costs if the action fails. Tenant-rights organizations and legal aid offices can provide general information about how cost-recovery judgments under this section are typically pursued.
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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