Cal. Civ. Code § 13-40-118
Deposit of rent.
Operative Text
In all appeals from the judgment of a county court, in an action founded upon section 13-40-104 (1)(d), the defendant, at the time of the filing thereof, shall deposit with the court the amount of rent found due and specified in such judgment. Unless such deposit is made, the appeal is not perfected, and proceedings upon such judgment shall thereupon be had accordingly. If the appeal is perfected, the court shall transmit such deposit to the clerk of the appellate court, with the papers in such case; and the appellant thereafter, at the time when the rents become due as specified in the judgment appealed from and as often as the same become due, shall deposit the amount thereof with the clerk of such appellate court. In case the appellant, at any time during the pendency of such appeal and before final judgment therein, neglects or fails to make any deposit of rent, falling due at the time specified in the judgment appealed from, the court in which such appeal is pending, upon such fact being made to appear and upon motion of the appellee, shall affirm the judgment appealed from with costs; and proceedings thereupon shall be had as in like cases determined upon the merits.
Under Colorado Revised Statutes § 13-40-118, when a tenant appeals a county court judgment in an eviction case based on nonpayment of rent, the appeal is only considered properly filed if the tenant deposits the rent amount found due by the court at the time of filing. While the appeal is pending, the tenant must continue depositing rent with the appellate court clerk each time rent comes due under the original judgment. If the tenant misses any of these ongoing deposits, the appellate court is required to affirm the lower court's judgment against the tenant, with costs, upon the landlord's motion.
Plain English — not legal advice.
Landlords dealing with a tenant appeal under Colo. Rev. Stat. § 13-40-118 can take note that the law builds in a procedural safeguard: the appeal is not considered perfected unless the tenant deposits the rent amount specified in the judgment at the time of filing. Compliant landlords and their representatives typically monitor whether the tenant continues making required rent deposits throughout the appeal period. If a tenant misses a deposit, a landlord may bring that fact to the appellate court's attention by motion, which can result in the original judgment being affirmed with costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 13-40-118 establishes that tenants who wish to appeal a county court eviction judgment based on nonpayment of rent must deposit the rent amount found due at the time they file the appeal, or the appeal will not be considered properly filed. Throughout the appeal, tenants are generally required to continue depositing rent with the appellate court clerk each time it comes due under the judgment. Tenants navigating this process may benefit from consulting a tenant-rights organization or legal aid provider to understand the deposit schedule and procedural requirements that apply to their appeal.
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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