First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0478.01 Richard Sweetman x4333
HOUSE BILL 23-1171
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING REQUIRING JUST CAUSE FOR THE EVICTION OF A TENANT101
FROM A RESIDENTIAL PREMISES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits a landlord from evicting a residential tenant
unless the landlord has just cause for eviction. Just cause exists when:
! The tenant continues to fail to pay rent after the landlord
provides the tenant timely written notice of such
nonpayment;
! The tenant commits a substantial violation and does not
HOUSE
Amended 3rd Reading
March 15, 2023
HOUSE
Amended 2nd Reading
March 14, 2023
HOUSE SPONSORSHIP
Mabrey and Gonzales-Gutierrez, Bacon, Boesenecker, deGruy Kennedy, Dickson,
Duran, Epps, Garcia, Jodeh, Lieder, Lindsay, Lindstedt, Ortiz, Velasco, Vigil, Willford,
Woodrow, Brown, English, Froelich, Herod, Joseph, Kipp, Michaelson Jenet, Sirota, Titone,
Weissman
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. cure it within 10 days after the landlord provides the tenant
written notice of the substantial violation;
! Conditions exist for a no-fault eviction;
! The tenant refuses to allow the landlord to enter the
residential premises after the landlord has provided written
notice of such entry at least 48 hours before attempting
such entry, unless the rental agreement specifies a longer
period of advanced written notice; or
! The tenant refuses to sign a new rental agreement with
terms that are substantially identical to the tenant's current
rental agreement, so long as the landlord proffers the new
rental agreement at least 30 days before the expiration of
the current rental agreement.
The following conditions constitute grounds for a no-fault eviction
of a tenant, with certain limitations:
! Demolition or conversion of the residential premises;
! Substantial repairs or renovations to the residential
premises; or
! Occupancy of the residential premises assumed by the
landlord or a family member of the landlord.
A landlord that proceeds with a no-fault eviction of a tenant must
provide relocation assistance to the tenant in the amount of 2 months' rent
plus the amount of one additional month of rent if any of the following
individuals reside in the residential premises at the time the landlord
proceeds with the no-fault eviction:
! An individual who is less than 18 years of age or at least 60
years of age;
! A low-income individual; or
! An individual with a disability.
If a landlord proceeds with an eviction of a tenant of a residential
premises in violation of the new provisions, the tenant may seek relief as
provided in existing laws concerning unlawful removal of a tenant.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. The general assembly2
finds and declares that this act is reasonable and necessary for the3
important public
purposes of preventing arbitrary displacement of4
individuals, protecting safety, and promoting public health and should be5
construed broadly to achieve these purposes.6
SECTION 2. In Colorado Revised Statutes, add part 13 to article7
1171-2- 12 of title 38 as follows:1
PART 132
JUST CAUSE EVICTION POLICY3
38-12-1301. Definitions. A
S USED IN THIS PART 13, UNLESS THE4
CONTEXT OTHERWISE REQUIRES :5
(1) "A
REA MEDIAN INCOME" HAS THE MEANING SET FORTH IN6
SECTION 24-32-721 (2)(f).7
(2) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION8
38-12-502 (3).9
(3) "JUST CAUSE" MEANS A CIRCUMSTANCE DESCRIBED IN SECTION10
38-12-1303
(2).11(4) "LANDLORD" MEANS A LANDLORD, AS DEFINED IN SECTION12
38-12-502 (5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE13
MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK , AS DEFINED IN14
SECTION 38-12-201.5 (3), UNLESS:15
(a) THE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS16
RENTING BOTH A MOBILE HOME SPACE, AS DEFINED IN SECTION17
38-12-201.5 (7), AND A MOBILE HOME, AS DEFINED IN SECTION18
38-12-201.5 (5), TO A MOBILE HOME PARK RESIDENT, AS DEFINED IN19
SECTION 38-12-201.5 (11); AND20
(b) THE MOBILE HOME PARK RESIDENT IS NOT RESIDING UNDER A21
LEASE-TO-OWN AGREEMENT.22
(5) "LOW-INCOME INDIVIDUAL" MEANS AN INDIVIDUAL WHOSE23
TOTAL INCOME IS NO GREATER THAN EIGHTY PERCENT OF THE AREA24
MEDIAN INCOME.25
(6) "MISSION-DRIVEN ORGANIZATION" MEANS AN ORGANIZATION26
IN GOOD STANDING WITH THE SECRETARY OF STATE THAT IS :27
1171
-3- (a) A PUBLIC HOUSING AUTHORITY CREATED UNDER SECTION1
29-1-204.5 OR PART 2 OR PART 5 OF ARTICLE 4 OF TITLE 29; OR2
(b) EXEMPT FROM TAXATION PURSUANT TO SECTION 501 (a) OF3
THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED, AND4
LISTED AS AN EXEMPT ORGANIZATION IN SECTION 501 (c)(3) OF THE5
FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED.6
(7) "NO-FAULT EVICTION" MEANS AN ACTION BROUGHT BY A7
LANDLORD PURSUANT TO ARTICLE 40 OF TITLE 13 FOR THE EVICTION OF A8
TENANT UNDER CONDITIONS DESCRIBED IN SECTION 38-12-1303 (3).9
(8) "PROPER SERVICE" MEANS:10
(a) PERSONAL DELIVERY OF A WRITTEN NOTICE, AS DESCRIBED IN11
SECTION 38-12-1303 (3), TO EVERY TENANT AT LEAST EIGHTEEN YEARS OF12
AGE WHO LAWFULLY OCCUPIES A RESIDENTIAL PREMISES ; OR13
(b) POSTING A WRITTEN NOTICE IN A LOCATION THAT IS14
CONSPICUOUS TO A TENANT AND MAILING THE WRITTEN NOTICE TO THE15
TENANT BY FIRST-CLASS MAIL AFTER FIRST ATTEMPTING PERSONAL16
SERVICE OF THE WRITTEN NOTICE, WHICH ATTEMPT IS MADE BY A17
LANDLORD OR BY A LANDLORD'S PROCESS SERVER AT LEAST ONCE ON18
EACH OF TWO SEPARATE DAYS .19
(9) "RENT" MEANS ANY MONEY OR OTHER CONSIDERATION PAID TO20
A LANDLORD FOR THE RIGHT TO USE, POSSESS, AND OCCUPY A PREMISES.21
(10) "RENTAL AGREEMENT" HAS THE MEANING SET FORTH IN22
SECTION 38-12-502 (7).23
(11) "RESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN24
SECTION 38-12-502 (8).25
(12) "SHORT-TERM RENTAL PROPERTY" MEANS A BUILDING OR A26
PORTION OF A BUILDING THAT IS DESIGNED AS A PLACE OF RESIDENCE AND27
1171
-4- LEASED FOR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR1
REMUNERATION.2
(13) (a) "SUBSTANTIAL REPAIRS OR RENOVATIONS " MEANS EITHER3
OF THE FOLLOWING TYPES OF REPAIRS OR RENOVATIONS THAT CANNOT BE4
REASONABLY ACCOMPLISHED IN A SAFE MANNER WITH THE TENANT IN5
PLACE AND REQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES6
FOR AT LEAST SIXTY DAYS:7
(I) T
HE REPLACEMENT OR SUBSTANTIAL MODIFICATION OF ANY8
STRUCTURAL, ELECTRICAL, PLUMBING, OR MECHANICAL SYSTEM, WHICH9
REPLACEMENT OR MODIFICATION REQUIRES A PERMIT FROM A10
GOVERNMENTAL AGENCY ; OR11
(II) T
HE ABATEMENT OF HAZARDOUS MATERIALS , INCLUDING12
LEAD-BASED PAINT, MOLD, OR ASBESTOS, IN ACCORDANCE WITH13
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.14
(b) "S
UBSTANTIAL REPAIRS OR RENOVATIONS " DOES NOT INCLUDE15
COSMETIC IMPROVEMENTS , INCLUDING PAINTING, DECORATING, AND16
MINOR REPAIRS, OR OTHER WORK THAT CAN BE PERFORMED SAFELY WITH17
THE TENANT IN PLACE AND NOT REQUIRED TO VACATE THE RESIDENTIAL18
PREMISES.19
(14) "SUBSTANTIAL VIOLATION" HAS THE MEANING SET FORTH IN20
SECTION 13-40-107.5 (3).21
(15) "TENANT" HAS THE MEANING SET FORTH IN SECTION22
38-12-502 (9); EXCEPT THAT "TENANT" DOES NOT INCLUDE A HOME23
OWNER, AS DEFINED IN SECTION 38-12-201.5 (2).24
38-12-1302. Applicability. (1) THIS PART 13 APPLIES TO EVERY25
RESIDENTIAL PREMISES IN THE STATE; EXCEPT THAT, THIS PART 13 DOES26
NOT APPLY TO:27
1171
-5- (a) A SHORT-TERM RENTAL PROPERTY;1
(b) A DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL2
PREMISES IF:3
(I) THE OWNER LIVES IN AND MAINTAINS THE RESIDENTIAL4
PREMISES AS THE OWNER'S PRIMARY RESIDENCE; AND5
(II) THE RESIDENTIAL PREMISES IS NOT A MULTIFAMILY PROPERTY;6
OR7
(c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.58
(7), THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION9
38-12-201.5 (2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME10
SPACE PURSUANT TO A LEASE-TO-OWN AGREEMENT, PURCHASE OPTION, OR11
SIMILAR AGREEMENT.12
38-12-1303. Just cause for eviction required - no-fault13
evictions. (1) N
OTWITHSTANDING ANY PROVISION OF ARTICLE 40 OF14
TITLE 13, A LANDLORD SHALL NOT PROCEED WITH AN EVICTION OF A15
TENANT UNDER ANY PROVISION OF ARTICLE 40 OF TITLE 13 UNLESS THE16
LANDLORD HAS JUST CAUSE FOR EVICTION .17
(2) F
OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, "JUST18
CAUSE" EXISTS ONLY WHEN THE CONDITIONS IN SECTION 13-40-10419
(1)(d), (1)(d.5), (1)(e), (1)(e.5), (1)(e.7), (1)(g), (1)(h), OR (1)(i) OR WHEN20
CONDITIONS EXIST FOR A NO-FAULT EVICTION, AS DESCRIBED IN21
SUBSECTION (3) OF THIS SECTION.22
(3) EXCEPT AS DESCRIBED IN SUBSECTION (4) OF THIS SECTION, THE23
FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A NO -FAULT EVICTION24
OF A TENANT:25
(a) Demolition or conversion of residential premises. W
HEN A26
LANDLORD PLANS TO DEMOLISH A RESIDENTIAL
PREMISES, CONVERT IT TO27
1171
-6- A NONRESIDENTIAL USE, OR CONVERT IT TO A SHORT-TERM RENTAL1
PROPERTY, THE LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF2
A TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE3
RENTAL AGREEMENT SO LONG AS THE LANDLORD :4
(I) A
LLOWS THE TENANT AT LEAST
NINETY DAYS TO VACATE THE5
RESIDENTIAL PREMISES; AND6
(II) P
ROVIDES THE TENANT
PROPER SERVICE OF A WRITTEN NOTICE7
OF THE NO-FAULT EVICTION IN ENGLISH AND IN EITHER THE SECOND MOST8
COMMON LANGUAGE IN THE CENSUS TRACT OF THE RESIDENTIAL PREMISES9
OR IN ANY OTHER LANGUAGE THE LANDLORD KNOWS OR HAS REASON TO10
KNOW IS THE PRIMARY LANGUAGE OF THE TENANT THAT INCLUDES :11
(A) T
HE DATE BY WHICH THE TENANT MUST VACATE THE12
RESIDENTIAL PREMISES, WHICH DATE MUST BE AT LEAST
NINETY DAYS13
AFTER THE DATE UPON WHICH THE LANDLORD PROVIDES THE WRITTEN14
NOTICE TO THE TENANT; AND15
(B) A
DESCRIPTION AND TIMELINE OF THE DEMOLITION OR16
CONVERSION OF THE RESIDENTIAL PREMISES AND A MATERIAL17
DEMONSTRATION OF THE PROPOSED DATE UPON WHICH THE PROJECT WILL18
COMMENCE, SUCH AS A COPY OF A BUILDING PERMIT.19
(b) Substantial repairs or renovations. (I) E
XCEPT AS20
DESCRIBED IN SUBSECTION (3)(b)(II) OF THIS SECTION, WHEN A LANDLORD21
PLANS TO MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A22
RESIDENTIAL PREMISES, THE LANDLORD MAY PROCEED WITH A NO -FAULT23
EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES SO LONG AS THE24
LANDLORD:25
(A) A
LLOWS THE TENANT AT LEAST
NINETY DAYS TO VACATE THE26
RESIDENTIAL PREMISES;27
1171
-7- (B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE1
OF THE NO-FAULT EVICTION IN ENGLISH AND IN EITHER THE SECOND MOST2
COMMON LANGUAGE IN THE CENSUS TRACT OF THE RESIDENTIAL PREMISES3
OR IN ANY OTHER LANGUAGE THE LANDLORD KNOWS OR HAS REASON TO4
KNOW IS THE PRIMARY LANGUAGE OF THE TENANT THAT INCLUDES THE5
DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES ,6
WHICH DATE MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON7
WHICH THE LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT ;8
(C) P
ROCEEDS WITHOUT UNREASONABLE DELAY TO EFFECT THE9
SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD 'S10
RECOVERY OF POSSESSION OF THE RESIDENTIAL PREMISES ;
AND11
12
(D) OFFERS THE TENANT THE FIRST RIGHT TO RETURN TO THE13
RESIDENTIAL PREMISES UPON THE COMPLETION OF THE SUBSTANTIAL14
REPAIRS OR RENOVATIONS PURSUANT TO A RENTAL AGREEMENT OF15
SUBSTANTIALLY THE SAME TERMS, INCLUDING TERMS ESTABLISHING RENT16
IN THE SAME AMOUNT OR IN A REASONABLY INCREASED AMOUNT ; EXCEPT17
THAT A LANDLORD MAY ALSO INCREASE RENT BY AN AMOUNT THAT18
REASONABLY REFLECTS IMPROVEMENTS MADE TO THE RESIDENTIAL19
PREMISES.20
(II) A
LANDLORD SHALL NOT PROCEED WITH A NO-FAULT EVICTION21
OF A TENANT AS DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION IF22
THE SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED23 BASIS OF THE NO-FAULT EVICTION ARE:24
(A) REQUIRED IN ORDER FOR THE LANDLORD TO SATISFY THE25
REQUIREMENTS DESCRIBED IN SECTION 38-12-503 CONCERNING A BREACH26
OF THE WARRANTY OF HABITABILITY ; OR27
1171
-8- (B) INITIATED BY THE LANDLORD IN RETALIATION AGAINST THE1
TENANT, AS DESCRIBED IN SECTION 38-12-509 (1).2
(c) Landlord or family member of landlord assumes3
occupancy. W
HEN A LANDLORD PLANS TO RECOVER POSSESSION OF A4
RESIDENTIAL PREMISES FOR THE LANDLORD 'S OWN USE AND OCCUPANCY5
AS A PRINCIPAL RESIDENCE, OR FOR THE USE AND OCCUPANCY AS A6
PRINCIPAL RESIDENCE BY THE LANDLORD 'S SPOUSE, DOMESTIC PARTNER,7
CHILD, PARENT, OR GRANDPARENT, THE LANDLORD MAY PROCEED WITH A8
NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE9
END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS :10
(I) T
HE LANDLORD OR THE LANDLORD 'S SPOUSE, DOMESTIC11
PARTNER, CHILD, PARENT, OR GRANDPARENT MOVES INTO THE12
RESIDENTIAL PREMISES WITHIN THREE MONTHS AFTER THE TENANT13
VACATES THE RESIDENTIAL PREMISES ; AND14
(II) T
HE LANDLORD PROVIDES THE TENANT
PROPER SERVICE OF A15
WRITTEN NOTICE OF THE NO-FAULT EVICTION IN ENGLISH AND IN EITHER16
THE SECOND MOST COMMON LANGUAGE IN THE CENSUS TRACT OF THE17
RESIDENTIAL PREMISES OR IN ANY OTHER LANGUAGE THE LANDLORD18
KNOWS OR HAS REASON TO KNOW IS THE PRIMARY LANGUAGE OF THE19
TENANT AS FOLLOWS:20
(A) I
F THE TENANT HAS RESIDED IN THE RESIDENTIAL PREMISES21
FOR LESS THAN ONE YEAR, THE LANDLORD SHALL PROVIDE THE WRITTEN22
NOTICE AT LEAST SIXTY DAYS BEFORE THE DATE BY WHICH THE TENANT23
MUST VACATE THE RESIDENTIAL PREMISES ;24
(B) I
F THE TENANT HAS RESIDED IN THE RESIDENTIAL PREMISES25
FOR AT LEAST ONE YEAR AND LESS THAN TWO YEARS , THE LANDLORD26
SHALL PROVIDE THE WRITTEN NOTICE AT LEAST NINETY DAYS BEFORE THE27
1171
-9- DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES.1
(d) Time-limited housing. WHEN A MISSION-DRIVEN2
ORGANIZATION'S FUNDING OR AUTHORITY TO OPERATE TIME-LIMITED3
HOUSING, INCLUDING THE TEMPORARY OPERATION OF HOTELS AND4
MOTELS, IS TERMINATED, THE MISSION-DRIVEN ORGANIZATION MAY5
PROCEED WITH A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL6
PREMISES IF:7
(I) THE MISSION-DRIVEN ORGANIZATION ALLOWS THE TENANT A8
REASONABLE AMOUNT OF TIME TO VACATE THE RESIDENTIAL PREMISES ;9
(II) THE MISSION-DRIVEN ORGANIZATION PROVIDES THE TENANT10
PROPER SERVICE OF A WRITTEN NOTICE OF THE NO -FAULT EVICTION IN11
ENGLISH AND IN EITHER THE SECOND MOST COMMON L ANGUAGE IN THE12
CENSUS TRACT OF THE RESIDENTIAL PREMISES OR IN ANY OTHER13
LANGUAGE THE LANDLORD KNOWS OR HAS REASON TO KNOW IS THE14
PRIMARY LANGUAGE OF THE TENANT WITH THE FOLLOWING INFORMATION:15
(A) THE DATE BY WHICH THE TENANT MUST VACATE THE16
PREMISES;17
(B) THE REASON FOR THE NO-FAULT EVICTION AND AN18
EXPLANATION THAT THE FUNDING OR AUTHORITY IS BEING TERMINATED19
FOR THE MISSION-DRIVEN ORGANIZATION; AND20
(C) ALTERNATIVE HOUSING OPTIONS AND OTHER AVAILABLE21
RESOURCES FOR TENANTS.22
(e) Withdrawal from rental market for the purpose of selling23
the residential premises. (I) WHEN A LANDLORD PLANS TO SELL A24
RESIDENTIAL PREMISES THAT IS A SINGLE-FAMILY HOME, A TOWNHOME, OR25
AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD MAY PROCEED WITH26
A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE27
1171
-10- END OF THE TERM OF THE RENTAL AGREEMENT ONLY IF THE LANDLORD :1
(A) NOTIFIES THE TENANT OF THE LANDLORD'S INTENT TO2
WITHDRAW THE RESIDENTIAL PREMISES FROM THE RENTAL MARKET AND3
SELL THE RESIDENTIAL PREMISES, WHICH NOTICE IS PROVIDED AT LEAST4
NINETY DAYS BEFORE THE END OF THE TERM OF THE RENTAL AGREEMENT5
OR NINETY DAYS BEFORE THE DATE ON WHICH THE TENANT WILL BE6
REQUIRED TO VACATE, WHICHEVER IS LATER;7
(B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE8
OF THE NO-FAULT EVICTION IN ENGLISH AND IN EITHER THE SECOND MOST9
COMMON LANGUAGE IN THE CENSUS TRACT OF THE RESIDENTIAL PREMISES10
OR IN ANY OTHER LANGUAGE THE LANDLORD KNOWS OR HAS REASON TO11
KNOW IS THE PRIMARY LANGUAGE OF THE TENANT. THE WRITTEN NOTICE12
MUST INCLUDE THE DATE THE RENTAL AGREEMENT ENDS, WHICH DATE13
MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE14
LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT .15
(C) DOES NOT LIST THE RESIDENTIAL PREMISES FOR RENT FOR AT16
LEAST SEVENTY-FIVE DAYS AFTER THE END OF THE RENTAL AGREEMENT17
OR FOR AT LEAST SEVENTY-FIVE DAYS AFTER THE DATE ON WHICH THE18
TENANT WILL BE REQUIRED TO VACATE , WHICHEVER IS LATER.19
(II) NOTHING IN THIS SUBSECTION (3)(e) MAY BE CONSTRUED TO20
ALLOW A LANDLORD TO PROCEED WITH A NO -FAULT EVICTION OR21
OTHERWISE TERMINATE A RENTAL AGREEMENT BEFORE THE END OF THE22
TERM OF THE RENTAL AGREEMENT .23
(4) (a) A LANDLORD MAY PROCEED WITH A NO-FAULT EVICTION OF24
A TENANT ONLY IF THE LANDLORD PROVIDES PROPER SERVICE OF THE25
WRITTEN NOTICE OF THE NO-FAULT EVICTION AND THE TENANT FAILS TO26
VACATE ON OR BEFORE THE DEADLINE STATED IN THE NOTICE .27
1171
-11- (b) A WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3)1
OF THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL BASIS FOR2
THE LANDLORD'S NO-FAULT EVICTION OF THE TENANT, WHICH LEGAL BASIS3
MUST BE SET FORTH IN SUBSECTION (3)(a), (3)(b), (3)(c), (3)(d), OR (3)(e)4
OF THIS SECTION.5
38-12-1304. Relocation assistance for tenants - duties of6
landlords - exemption. (1) EXCEPT AS DESCRIBED IN SUBSECTION (3) OF7
THIS SECTION, A LANDLORD THAT PROCEEDS WITH A NO-FAULT EVICTION8
OF A TENANT PURSUANT TO SECTION 38-12-1303 (3) SHALL PROVIDE9
RELOCATION ASSISTANCE TO THE TENANT IN THE AMOUNT OF TWO10
MONTHS' RENT PLUS THE AMOUNT OF ONE ADDITIONAL MONTH OF RENT IF11
ANY OF THE FOLLOWING INDIVIDUALS RESIDE IN THE RESIDENTIAL12
PREMISES AT THE TIME THE LANDLORD PROVIDES THE NOTICE OF THE13
NO-FAULT EVICTION:14
(a) A
N INDIVIDUAL WHO IS LESS THAN EIGHTEEN YEARS OF AGE OR15
AT LEAST SIXTY YEARS OF AGE;16
(b) A
LOW-INCOME INDIVIDUAL; OR17
(c) A
N INDIVIDUAL WITH A DISABILITY , AS DEFINED IN THE18
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.19
12102
(1), AS AMENDED.20
(2) A
LANDLORD SHALL PAY THE AMOUNT DESCRIBED IN21
SUBSECTION (1) OF THIS SECTION TO A TENANT IN A LUMP SUM TO BE22
DIVIDED EQUALLY AMONG THE TENANTS LISTED ON THE RENTAL23
AGREEMENT.24
(3) THIS SECTION DOES NOT APPLY:25
(a) IF THE RENTAL AGREEMENT CONCERNS THE OCCUPANCY OF A26
RESIDENTIAL PREMISES THAT IS NOT THE TENANT'S PRIMARY RESIDENCE,27
1171
-12- WHICH IS THE ADDRESS LISTED WHEN A VALID NO-FAULT EVICTION IS1
EXERCISED BY THE LANDLORD PURSUANT TO SECTION 38-12-1303 (3):2
(I) ON THE TENANT'S COLORADO DRIVER'S LICENSE OR3
IDENTIFICATION CARD;4
(II) ON THE TENANT'S VOTER REGISTRATION;5
(III) FOR PURPOSES OF THE TENANT'S PAYMENT OF STATE AND6
FEDERAL TAXES; OR7
(IV) FOR THE PURPOSE OF PUBLIC SCHOOL REGISTRATION .8
(b) TO A HOME OWNER, AS DEFINED IN SECTION 38-12-201.5 (2); 9
(c) IF:10
(I) THE LANDLORD IS A MISSION-DRIVEN ORGANIZATION THAT :11
(A) IS SUBJECT TO THE FEDERAL "UNIFORM RELOCATION12
ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970",13
42 U.S.C. 4601 ET SEQ., AS AMENDED; AND14
(B) RECEIVES FUNDING FROM THE UNITED STATES DEPARTMENT15
OF HOUSING AND URBAN DEVELOPMENT OR THE UNITED STATES16
DEPARTMENT OF AGRICULTURE ; AND17
(II) THE TOTAL FEDERAL RELOCATION ASSISTANCE BENEFITS18
RECEIVED BY THE TENANT FROM FEDERAL PROGRAMS AND FEDERAL19
FUNDING FOR RELOCATION ARE MORE BENEFICIAL TO THE TENANT THAN20
THE RELOCATION ASSISTANCE PROVIDED BY THIS SECTION .21
(d) IF THE LANDLORD IS A MISSION-DRIVEN ORGANIZATION THAT22
EXERCISES A NO-FAULT EVICTION UNDER 38-12-1303 (3)(d);23
(e) IF THE LANDLORD CAN DEMONSTRATE AND ATTEST THAT THE24
ACTUAL MONTHLY AMOUNT OF RENTAL REVENUE RECEIVED IS LESS THAN25
SIX THOUSAND FIVE HUNDRED DOLLARS PER MONTH AFTER PAYMENT OF26
ANY REQUIRED HOA FEES AND MONTHLY MORTGAGE AND ESCROW27
1171
-13- PAYMENTS DUE FOR A MORTGAGE THAT WAS SECURED BY THE LANDLORD1
FOR THE ORIGINAL PURCHASE OF THAT PROPERTY ;2
(f) IF THE LANDLORD CAN PROVIDE SUBSTANTIALLY SIMILAR3
HOUSING AND AMENITIES TO THE TENANT FOR A SIMILAR AMOUNT OF TIME4
AND THE TENANT AGREES TO THIS ARRANGEMENT IN LIEU OF REQUIRED5
RELOCATION ASSISTANCE; OR6
(g) TO A LANDLORD WHO WITHDRAWS A RESIDENTIAL PREMISES7
FROM THE RENTAL MARKET FOR THE PURPOSE OF SELLING THE8
RESIDENTIAL PREMISES AND WHO PROVIDES PROPER NOTICE TO THE9
TENANT AS DESCRIBED IN SECTION 38-12-1303 (3)(e).10
38-12-1305. Violations - remedies. I
F A LANDLORD PROCEEDS11
WITH AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION12
OF THIS PART 13, THE TENANT MAY SEEK RELIEF AS DESCRIBED IN SECTION13
38-12-510.14
38-12-1306. No waiver of requirements by agreement. A15
PROVISION OF A RENTAL AGREEMENT OR OTHER DOCUMENT THAT16
PURPORTS TO AUTHORIZE OR EFFECTUATE A WAIVER OF ANY PROVISION OF17
THIS PART 13 IS VOID AND UNENFORCEABLE.18
38-12-1307. Affirmative defense. A LANDLORD'S FAILURE TO19
COMPLY WITH THIS PART 13 IS AN AFFIRMATIVE DEFENSE FOR A TENANT TO20
AN EVICTION PROCEEDING.21
SECTION 3. In Colorado Revised Statutes, 13-40-104, amend22
(1)(c) and (1)(e); and add (1)(e.7) and (1)(e.8) as follows:23
13-40-104. Unlawful detention defined. (1) Any person is guilty24
of an unlawful detention of real property in the following cases:25
(c) When any lessee or tenant at will, or by sufferance, or for any26
part of a year, or for one or more years, of any NONRESIDENTIAL real27
1171
-14- property, including a specific or undivided portion of a building, or1
dwelling, holds over and continues in possession of the demised premises2
NONRESIDENTIAL REAL PROPERTY, or any portion thereof, after the3
expiration of the term for which the same were NONRESIDENTIAL REAL4
PROPERTY WAS leased, or after such THE tenancy, at will or sufferance,5
has been terminated by either party;6
(e) (I) EXCEPT AS DESCRIBED IN SUBSECTION (1)(e)(II) OF THIS7
SECTION, when:8
(A) such A tenant or lessee holds over, without such permission,9
contrary to any other MATERIAL condition or covenant of the agreement10
under which such THE tenant or lessee holds; OR A TENANT DENIES THE11
LANDLORD ENTRY TO A RESIDENTIAL PREMISES FOR A REASONABLE12
BUSINESS PURPOSE, TIME, AND FREQUENCY AFTER THE LANDLORD13
PROVIDES THE TENANT WRITTEN NOTICE OF THE ENTRY IN ENGLISH AND14
IN EITHER THE SECOND MOST COMMON LANGUAGE IN THE CENSUS TRACT15
OF THE RESIDENTIAL PREMISES OR IN ANY OTHER LANGUAGE THE16
LANDLORD KNOWS OR HAS REASON TO KNOW IS THE PRIMARY LANGUAGE17
OF THE TENANT AT LEAST SEVENTY-TWO HOURS BEFORE ATTEMPTING THE18
ENTRY, UNLESS THE RENTAL AGREEMENT SPECIFIES A GREATER TIME19
PERIOD; and20
(B) Ten days' notice in writing has been duly served upon such21
THE tenant or lessee requiring in the alternative the EITHER compliance22
with such MATERIAL condition or covenant or the delivery of the23
possession of the premises. so held;24
(II) except that, For a nonresidential RENTAL agreement or an25
employer-provided housing agreement, three days' ADVANCE notice is26
required, pursuant to this section, and for an exempt residential27
1171
-15- agreement, five days' ADVANCE notice is required. pursuant to this1
section.2
(e.7) WHEN:3
(I) A TENANT OR LESSEE HOLDS OVER UPON THE EXPIRATION OF A4
RESIDENTIAL RENTAL AGREEMENT IF :5
(A) THE LANDLORD HAS PROVIDED A COPY OF THE NEW6
RESIDENTIAL RENTAL AGREEMENT, WHICH THE LANDLORD MUST NOT7
CHANGE DURING THE SIXTY-DAY NOTICE PERIOD, TO THE TENANT AT8
LEAST SIXTY DAYS BEFORE THE EXPIRATION OF THE CURRENT RESIDENTIAL9
RENTAL AGREEMENT;10
(B) THE RENT DOES NOT CHANGE BASED ON WHEN THE TENANT11
ACCEPTS THE RESIDENTIAL RENTAL AGREEMENT ; AND12
(C) THE TERMS ARE SUBSTANTIALLY IDENTICAL TO THE TENANT'S13
CURRENT RESIDENTIAL RENTAL AGREEMENT , INCLUDING TERMS14
ESTABLISHING RENT IN THE SAME AMOUNT OR IN A REASONABLY15
INCREASED AMOUNT; AND16
(II) THE LANDLORD HAS PROVIDED THE TENANT OR LESSEE TEN17
DAYS' ADVANCE WRITTEN NOTICE IN ENGLISH AND IN EITHER THE SECOND18
MOST COMMON LANGUAGE IN THE CENSUS TRACT OF THE RESIDENTIAL19
PREMISES OR IN ANY OTHER LANGUAGE THE LANDLORD KNOWS OR HAS20
REASON TO KNOW IS THE PRIMARY LANGUAGE OF THE TENANT , WHICH21
NOTICE REQUIRES THE TENANT TO EITHER SIGN THE NEW RESIDENTIAL22
RENTAL AGREEMENT OR DELIVER POSSESSION OF THE PREMISES TO THE23
LANDLORD; EXCEPT THAT, FOR AN EMPLOYER-PROVIDED HOUSING24
AGREEMENT, THREE DAYS' ADVANCE NOTICE IS REQUIRED, AND FOR AN25
EXEMPT RESIDENTIAL AGREEMENT , FIVE DAYS' ADVANCE NOTICE IS26
REQUIRED;27
1171
-16- (e.8) WHEN:1
(I) THE LANDLORD HAS PROVIDED THE TENANT OR LESSEE NINETY2
DAYS' ADVANCE WRITTEN NOTICE, IN ENGLISH AND IN EITHER THE SECOND3
MOST COMMON LANGUAGE IN THE CENSUS TRACT OF THE RESIDENTIAL4
PREMISES OR IN ANY OTHER LANGUAGE THE LANDLORD KNOWS OR HAS5
REASON TO KNOW IS THE PRIMARY LANGUAGE OF THE TENANT , THAT6
REQUIRES THE TENANT TO DELIVER POSSESSION OF THE PREMISES TO THE7
LANDLORD UPON THE EXPIRATION OR AFTER THE EXPIRATION OF THE8
RESIDENTIAL RENTAL AGREEMENT IF THE NOTICE STATES THAT THE9
LANDLORD PLANS TO RECOVER POSSESSION OF THE PREMISES FOR THE10
LANDLORD'S USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE OR FOR THE11
USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE BY THE LANDLORD 'S12
SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR GRANDPARENT; OR 13
(II) THE LANDLORD HAS PROVIDED THE TENANT OR LESSEE NINETY14
DAYS' ADVANCE WRITTEN NOTICE, IN ENGLISH AND IN EITHER THE SECOND15
MOST COMMON LANGUAGE IN THE CENSUS TRACT OF THE RESIDENTIAL16
PREMISES OR IN ANY OTHER LANGUAGE THE LANDLORD KNOWS OR HAS17
REASON TO KNOW IS THE PRIMARY LANGUAGE OF THE TENANT , THAT18
REQUIRES THE TENANT TO DELIVER POSSESSION OF THE PREMISES TO THE19
LANDLORD UPON THE EXPIRATION OR AFTER THE EXPIRATION OF THE20
RESIDENTIAL RENTAL AGREEMENT IF NOTICE STATES THAT THE LANDLORD21
INTENDS TO CONVERT THE PROPERTY TO A NONRESIDENTIAL USE , OR22
CONVERT IT TO A SHORT-TERM RENTAL PROPERTY AS DEFINED IN SECTION23
38-12-1301 (12) OR CONDUCT SUBSTANTIAL REPAIRS AS DESCRIBED IN24
38-12-1301 (13)(a).25
26
SECTION 4. In Colorado Revised Statutes, amend 13-40-107 as27
1171
-17- follows:1
13-40-107. Notice to quit. (1) A TENANT MAY TERMINATE A2
tenancy may be terminated by SERVING WRITTEN notice in writing served3
not less than the respective period fixed before the end TO THE LANDLORD4
AS FOLLOWS, BASED ON THE LENGTH of the applicable tenancy: as follows:5
(a) A tenancy for one year or longer, ninety-one days;6
(b) A tenancy of six months or longer but less than a year,7
twenty-eight days;8
(c) A tenancy of one month or longer but less than six months,9
twenty-one days;10
(d) A tenancy of one week or longer but less than one month, or11
a tenancy at will, three days;12
(e) A tenancy for less than one week, one day.13
(2) Such THE notice shall DESCRIBED IN SUBSECTION (1) OF THIS14
SECTION MUST:15
(a) Describe the property and the particular time when the tenancy16
will terminate; and17
(b) shall Be signed by the landlord or tenant the party giving such18
notice or his OR THE TENANT'S agent or attorney.19
(3) Any person in possession of real property with the assent of20
the owner is presumed to be a tenant at will until the contrary is shown.21
(4) No notice to quit shall be necessary from or to a tenant whose22
term is, by agreement, to end at a time certain.23
(5) Except as otherwise provided in section 38-33-112, C.R.S., the24
provisions of subsections (1) and (4) of this section shall not apply to the25
termination of a residential tenancy during the ninety-day period provided26
for in said section.27
1171
-18- SECTION 5. In Colorado Revised Statutes, 38-12-202, amend1
(1)(a) introductory portion as follows:2
38-12-202. Tenancy - notice to quit. (1) (a) No tenancy or other3
lease or rental occupancy of space in a mobile home park shall MAY4
commence without a written lease or rental agreement, and no tenancy in5
a mobile home park shall be terminated until a notice to quit or notice of6
nonpayment of rent has been served. A notice to quit shall MUST be in7
writing and in the form specified in section 13-40-107 (2) AND INCLUDE8
A DESCRIPTION OF THE PROPERTY. The property description required in9
section 13-40-107 (2) is legally sufficient if it states:10
SECTION 6. In Colorado Revised Statutes, 38-12-701, amend11
(2)(b) as follows:12
38-12-701. Notice of rent increase. (2) (b) A landlord may not13
terminate a residential tenancy in which there is no written agreement by14
serving a tenant with a notice to quit pursuant to section 13-40-107 with15
the primary purpose of increasing a tenant's rent in a manner inconsistent16
with this section.17
SECTION 7. In Colorado Revised Statutes, 38-12-222, amend18
(3) as follows:19
38-12-222. Residents' right to privacy. (3) Except when posting20
notices that are required by law or by a rental agreement, the management21
shall make a reasonable effort to notify a resident of the management's22
intention to enter the mobile home space at least forty-eight23
SEVENTY-TWO hours before entry. The notification must include the date24
and approximate time of the planned entry and must be delivered in a25
manner that is reasonably likely to be seen or heard by the resident in a26
timely manner.27
1171
-19- SECTION 8. In Colorado Revised Statutes, 38-33-112, amend1
(3) as follows:2
38-33-112. Notification to residential tenants. (3) Said THE3
notice
DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the4
notice to terminate the tenancy; as provided by section 13-40-107, C.R.S.;
5
except that, no residential tenancy shall MAY be terminated prior to the6
expiration date of the existing lease agreement, if any, unless consented7
to by both the tenant and the developer. If the term of the lease has less8
than ninety days remaining when notification is mailed or delivered, as9
the case may be, or if there is no written lease agreement, residential10
tenancy may not be terminated by the developer less than ninety days11
after the date the notice is mailed or delivered, as the case may be, to the12
tenant, unless consented to by both the tenant and the developer. The13
return receipt shall be IS prima facie evidence of receipt of notice. If the14
term of the lease has less than ninety days remaining when notification is15
mailed or delivered, as the case may be, the tenant may hold over for the16
remainder of said ninety-day period under the same terms and conditions17
of the lease agreement if the tenant makes timely rental payments and18
performs other conditions of the lease agreement.19
SECTION 9. Severability. If any provision of this act or the20
application of this act to any person or circumstance is held invalid, such21
invalidity does not affect other provisions or applications of the act that22
can be given effect without the invalid provision or application, and to23
this end the provisions of this act are declared to be severable.24
SECTION 10. Act subject to petition - effective date -25
applicability. (1) This act takes effect at 12:01 a.m. on the day following26
the expiration of the ninety-day period after final adjournment of the27
1171
-20- general assembly; except that, if a referendum petition is filed pursuant1
to section 1 (3) of article V of the state constitution against this act or an2
item, section, or part of this act within such period, then the act, item,3
section, or part will not take effect unless approved by the people at the4
general election to be held in November 2024 and, in such case, will take5
effect on the date of the official declaration of the vote thereon by the6
governor.7
(2) This act applies to eviction proceedings commenced on or8
after the applicable effective date of this act.9
1171
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