Cal. Civ. Code § 13-40-123
Damages.
Operative Text
The prevailing party in any action brought under the provisions of this article is entitled to recover damages, reasonable attorney fees, and costs of suit; except that a residential landlord or tenant who is a prevailing party shall not be entitled to recover reasonable attorney fees unless the residential rental agreement between the parties contains a provision for either party to obtain attorney fees. Nothing in this section shall be construed to permit the entry of judgments in any single proceeding in excess of the jurisdictional limit of said court.
Under Colo. Rev. Stat. § 13-40-123, the party that wins a lawsuit brought under Colorado's forcible entry and detainer article may recover damages, reasonable attorney fees, and court costs. However, residential landlords and tenants face an important limitation: neither side can recover attorney fees unless their rental agreement specifically includes a provision allowing either party to seek such fees. Additionally, any judgment entered in a single proceeding cannot exceed the jurisdictional limit of the court hearing the case.
Plain English — not legal advice.
Colo. Rev. Stat. § 13-40-123 means that a landlord who prevails in an action under this article can seek damages and court costs, but recovering attorney fees in a residential context depends entirely on whether the written rental agreement contains a mutual attorney-fees clause. Operators who want to preserve the possibility of fee recovery generally ensure their lease agreements explicitly address attorney fees for both parties. Reviewing lease language with a qualified real estate attorney before disputes arise is a common practice among compliant property managers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Colo. Rev. Stat. § 13-40-123, a tenant who wins a case brought under this article has the right to seek damages and court costs, and may also pursue attorney fees if the rental agreement contains a provision allowing either party to recover them. Tenants who believe they have a claim under this article can explore options such as consulting a tenant-rights organization, contacting a legal aid office, or raising the fee-recovery provision as part of their case if the lease supports it. Reviewing the rental agreement carefully to determine whether an attorney-fees clause exists is a key step in understanding what remedies may be available.
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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