(1) As used in this article 40.1, unless the context otherwise requires:
"Residential premises" means a dwelling unit, the structure of which the unit is apart, and any immediately surrounding property that is owned by or subject to the exclusive control of the same person as the dwelling unit itself.
(I) "Unauthorized person" means a person who occupies an uninhabited or vacantresidential premises without any current or prior agreement or consent of the owner or an authorized agent of the owner, whether written or oral, concerning the use of the residential premises.
(II) "Unauthorized person" does not include:
A relative of the property owner or a relative of an authorized agent of the propertyowner, including a spouse, descendant, stepchild, parent, stepparent, grandparent, brother, sister, uncle, or aunt, whether related by whole or half blood or by adoption;
A person or persons from which the owner or an authorized agent of the owner hasaccepted money or anything of value; or
A person who was previously given permission to enter and remain on the premises.
(2) The owner of a residential premises, or his or her authorized agent, may initiate the investigation of and request the removal of an unauthorized person or persons from the residential premises by filing with the county court a complaint and a verified motion for a temporary mandatory injunction restoring possession of the residential property to the owner or lawful occupant. To the extent known or reasonably ascertainable, the verified motion must identify the unauthorized person or persons and include statements substantially as follows:
VERIFIED MOTION FOR ORDER TO
REMOVE UNAUTHORIZED PERSONS
The undersigned owner, or authorized agent of the owner, of the residential premises located at requests that the court hold a hearing within one court day and that the court enter a temporary mandatory injunction and issue a writ of restitution ordering that the person or persons currently occupying the residential premises be removed from the premises and be ordered not to return to the premises for a period of fourteen days. In support of the request, the undersigned owner or authorized agent hereby represents and declares under the penalty of perjury that (initial each box):
[ ] The declarant is the owner of the premises or the authorized agent of the owner of thepremises;
[ ] An unauthorized person or persons have entered and are remaining unlawfully on thepremises;
[ ] Neither the owner nor an authorized agent of the owner has ever given permission for theunauthorized person or persons to enter and remain on the premises;
[ ] Neither the owner nor an authorized agent of the owner has ever had a written or oralagreement with the unauthorized person or persons regarding the use of the premises;
[ ] Neither the owner nor an authorized agent of the owner is related to the unauthorizedperson or persons;
[ ] Neither the owner nor an authorized agent of the owner has ever accepted money oranything of value from the unauthorized person or persons regarding the use of the premises;
[ ] The declarant has demanded that the unauthorized person or persons vacate the premisesbut they have not done so;
[ ] The declarant has informed the unauthorized person or persons that he or she is going tocourt to request a temporary mandatory injunction restoring the owner to possession and shall deliver a copy of this Verified Motion for Order to Remove Unauthorized Persons Form to the unauthorized person or persons;
[ ] Additional optional explanatory comments or statement that the premises has been alteredor damaged:
A declarant who falsely swears on a motion filed with the county court pursuant tothis section may be:
Subject to sanctions under the Colorado rules of county court civil procedure;
Held in contempt of court; or
Prosecuted for perjury in the first or second degree, as described in section 18-8-502 or 18-8-503, or false swearing, as described in section 18-8-504.
(a) The county court shall consider the complaint and motion for temporary mandatory injunction under this section and conduct a hearing on the motion as soon as practicable, but in no event later than the next court day after the filing of the motion, unless a later date is requested by the moving party.
(b) (I) The summons, complaint, motion, and notice required by subsection (4)(b)(III) of this section shall either be served by personal service upon the defendant, as in any civil action, by a person qualified under the Colorado rules of county court civil procedure to serve process, or such person may make service by posting a copy of the summons, complaint, motion, and notice required by subsection (4)(b)(III) of this section in some conspicuous place upon the premises.
Personal service or service by posting must be made at least twenty-four hours before the time for appearance specified in such summons and notice, and the time and manner of the service must be endorsed upon such summons by the person making service thereof.
The written notice of the date, time, and location of the hearing must be served withthe complaint. The notice must be printed in black ink and have a font size of not less than twelve and in substantially the following form:
NOTICE
On [date], [year], at [time] in Courtroom [number], [courthouse name], [courthouse address], the Court will hold a hearing on a Motion for an Order for Temporary Mandatory Injunction and writ of restitution in order to require the removal from the residential premises located at [residential premises address] of each unauthorized person identified in the motion that accompanies this notice. If you are identified as an unauthorized person and if you believe that is not true, then you must attend the hearing and present any evidence supporting your position. IF
YOU FAIL TO ATTEND THE HEARING, THE COURT MAY ENTER AN ORDER INSTRUCTING THE SHERIFF TO REMOVE YOU FROM THE RESIDENTIAL PREMISES IMMEDIATELY.
Any occupant of the residential premises who disputes that he or she is an unauthorized person may appear at the hearing and must be permitted to provide testimony and other evidence that the occupant is not an unauthorized person. The court, in its discretion, may accept a written statement submitted to the court prior to the commencement of the hearing in lieu of personal testimony from the occupant.
If no person identified in the motion as an unauthorized person appears at the hearing, and no written statement that the court deems sufficient is filed in opposition to the motion, the court may proceed to rule on the motion based on the contents of the motion and any additional testimony offered by the moving party. The court may, but need not, require the moving party to confirm in oral testimony the facts recited in the motion and may make such other inquiry of the owner or authorized agent as the court determines proper under the circumstances. After taking testimony from the moving party and any occupant who contests the motion or after considering the content of the motion or written statement, the court shall determine whether the occupant is an unauthorized person. If the court determines that the occupant is an unauthorized person, the court shall enter an order for a temporary mandatory injunction and issue a writ of restitution prior to adjourning the hearing, which order may include such additional terms or limitations as the court may in its discretion determine necessary and equitable under the circumstances. If the court determines that the occupant is not an unauthorized person, the court shall deny the motion for an order for temporary mandatory injunction. If an order for temporary mandatory injunction is denied, the owner is not prejudiced from thereafter commencing an eviction pursuant to section 13-40-101.
The court shall not require the appointment of an attorney to represent any occupantor other interested person as a condition of considering such motion.
If the court enters the order for temporary mandatory injunction and issues a writ ofrestitution, the owner or his or her authorized agent may deliver the order for temporary mandatory injunction to the sheriff having jurisdiction to enforce the order.
(a) Except as provided in subsection (5)(b) of this section, the writ of restitution must be executed pursuant to section 13-40-122.
(b) No later than twenty-four hours after receipt of order for temporary mandatory injunction, a sheriff, undersheriff, or deputy sheriff, as described in section 16-2.5-103 (1) or (2), while off duty or on duty at rates charged by the employing sheriff's office in accordance with section 30-1-104 (1)(gg), shall:
Remove the person or persons from the residential premises, with or without arrestingthe person or persons; and
Order the person or persons to remain off the residential premises or be subject toarrest for criminal trespass.
(c) If the motion filed with the county court includes a statement that the property has been altered or damaged or the sheriff, undersheriff, or deputy sheriff sees evidence that the property has been altered or damaged, the sheriff, undersheriff, or deputy sheriff shall collect personal information from the person or persons and shall provide that information to the declarant.
Source: L. 2018: Entire article added, (SB 18-015), ch. 393, p. 2346, § 2, effective July 1.