In re Mercy Housing Management Group Inc. v. Bermudez.

2024 CO 68. No. 24SA163. Forcible Entry and Detainer—Jury Trials—Ejectment—CRS § 13-40-115—CRCP 338(a)—Pernell v. Southall Realty—Baumgartner v. Schey—Husar v. Larimer Cnty. Ct.—C.A.R. 21.

October 21, 2024

The Supreme Court held that there is a right to a jury trial on any factual disputes in forcible-entry-and-detainer (FED) actions. The tenant in this FED case timely requested a jury trial and paid the requisite jury fee, and the parties’ lease did not contain a jury waiver. Because the county court nevertheless denied the tenant’s request for a jury trial on the parties’ factual disputes, the Court made absolute the order to show cause. On remand, the county court must hold a jury trial on any factual issues.