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.
Source: L. 1885: p. 231, § 25. R.S. 08: § 2625. C.L. § 6391. CSA: C. 70, § 26. CRS 53: § 58-1-26. L. 61: p. 394, § 9. C.R.S. 1963: § 58-1-25. L. 84: Entire section amended, p. 467, § 4, effective July 1. L. 2008: Entire section amended, p. 1819, § 2, effective September 1.
Cross references: For assessment for expense and inconvenience in litigation, see C.R.C.P. 3(a); for awarding of attorney fees in civil actions generally, see § 13-17-102.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 40 - Forcible Entry and Detainer - General Provisions
§ 13-40-101. Forcible Entry and Detainer Defined
§ 13-40-102. Forcible Entry Prohibited
§ 13-40-103. Forcible Detention Prohibited
§ 13-40-104. Unlawful Detention Defined
§ 13-40-105. Crops of Possessor
§ 13-40-108. Service of Notice to Quit
§ 13-40-109. Jurisdiction of Courts
§ 13-40-110. Action - How Commenced
§ 13-40-110.5. Automatic Suppression of Court Records - Definition
§ 13-40-111. Issuance and Return of Summons
§ 13-40-113. Answer of Defendant - Additional and Amended Pleadings
§ 13-40-114. Delay in Trial - Undertaking
§ 13-40-115. Judgment - Writ of Restitution - Cure Period
§ 13-40-119. Rules of Practice
§ 13-40-121. When Deposit of Rent Is Paid
§ 13-40-122. Writ of Restitution After Judgment
§ 13-40-127. Eviction Legal Assistance - Fund - Rules - Report - Definitions - Repeal