Colorado Springs Colorado Judgment and Order for Possession is a legal document issued by a court in Colorado Springs that grants ownership and possession of a property to a specific party. This order typically occurs in cases involving landlord-tenant disputes or eviction proceedings. A Judgment and Order for Possession serves as a final decision by the court, settling the matter and determining the rightful owner or party entitled to occupy the property. It is often invoked when a tenant has breached the terms of their lease agreement, such as non-payment of rent or violating lease conditions. This court-issued order authorizes the landlord or property owner to legally take possession of the property, evicting the tenant or other occupants. Once the order is granted, it also empowers the landlord to reclaim the property, regain control, and potentially pursue legal actions to recover any outstanding debts or damages owed by the tenant. In Colorado Springs, there are different types of Judgments and Orders for Possession, such as: 1. Judgment and Order for Possession — Non-Payment of Rent: This type of judgment is issued when a tenant fails to pay their rent or consistently defaults on rent payments. It allows the landlord to regain possession of the property and may also include a monetary judgment for the unpaid rent and associated fees. 2. Judgment and Order for Possession — Lease Violation: This type of judgment is issued when a tenant breaches lease agreements, such as damaging the property, engaging in illegal activities, or violating specific clauses stated in the lease contract. It enables the landlord to reclaim the property and potentially pursue further legal action to recover damages. 3. Judgment and Order for Possession — Holdover Tenant: This type of judgment is issued when a tenant continues to occupy the property even after the lease term has expired or the landlord has legally terminated the tenancy. It allows the landlord to regain possession of the property and, if applicable, seek compensation for the additional time the tenant wrongfully stayed. Colorado Springs Colorado Judgment and Order for Possession plays a vital role in resolving disputes between landlords and tenants, ensuring a fair and legal resolution while safeguarding property rights. It is crucial for both parties to understand their rights and obligations under the law to avoid unnecessary litigation and comply with court decisions.
Colorado Springs Colorado Judgment and Order for Possession
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FAQ
Renew the judgment Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
A judgment lien in Colorado will remain attached to the debtor's property (even if the property changes hands) for six years.
Writs of restitution are executed (served on a tenant or the rental unit) by a constable or sheriff. The landlord may not change the locks or enter the rental unit until the writ of restitution has been issued by the court and served by the constable or sheriff.
To revive a judgment a motion shall be filed alleging the date of the judgment and the amount thereof which remains unsatisfied. Thereupon the clerk shall issue a notice requiring the judgment debtor to show cause within 14 days after service thereof why the judgment should not be revived.
It is never legal for a landlord to evict a tenant without a court order. The period for a Notice to Quit is 3, 21, 28, or 91 days, depending on the length of tenancy and how much notice is included in the lease. (Colorado Revised Statute 13-40-107.)
If you were awarded a money judgment in County Court, it will expire 6 years from the date of the judgment. If you were awarded a money judgment in District Court, it will expire 20 years from the date of the judgment.
If a possession order was granted at the hearing and you do not leave your home by the date specified in the order, your landlord can apply for a warrant of possession, which enables a county court bailiff to evict you. In some circumstances, you can apply to suspend the warrant.
In effect, the writ of restitution is a writ to support another writ of execution. Once it has been issued by the Master, it is then executed in the same way as was the original writ of possession.
A county court judgment is valid 6 years and a district court judgment is valid for 20. Judgments may be renewed for 6 or 20 years, respectively (§ 13-52-102).
If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date. Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a newLandlord-Tenant (Dispossessory) Affidavit must be filed.