Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0087.01 Richard Sweetman x4333
HOUSE BILL 24-1098
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING PROTECTIONS FOR RESIDENTIAL TENANTS , AND, IN101
CONNECTION THEREWITH , REQUIRING CAUSE FOR THE EVICTION102
OF A RESIDENTIAL TENANT.103
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 cause for eviction. Cause exists only when:
! A tenant or lessee is guilty of an unlawful detention of real
property under certain circumstances described in existing
law, as amended by the bill; or
HOUSE
Amended 3rd Reading
February 20, 2024
HOUSE
Amended 2nd Reading
February 16, 2024
HOUSE SPONSORSHIP
Mabrey and Duran, Bacon, Brown, deGruy Kennedy, Epps, Garcia, Hernandez, Herod,
Jodeh, Joseph, Lieder, Lindsay, Lindstedt, Martinez, Mauro, Ortiz, Parenti, Ricks, Rutinel,
Sirota, Story, Titone, Velasco, Vigil, Weissman, Willford, Boesenecker, Daugherty, Froelich,
Kipp, Marvin
SENATE SPONSORSHIP
Gonzales and Hinrichsen,
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. ! Conditions exist constituting grounds for a "no-fault
eviction".
The following conditions constitute grounds for a "no-fault
eviction" of a residential tenant, with certain limitations:
! Demolition or conversion of the residential premises;
! Substantial repairs or renovations to the residential
premises;
! Occupancy assumed by the landlord or a family member of
the landlord;
! Expiration of time-limited housing operated by a
mission-driven organization; and
! Withdrawal of the residential premises from the rental
market for the purpose of selling the residential premises.
A landlord that proceeds with a no-fault eviction in violation of
certain notice requirements or other restrictions must provide relocation
assistance to the tenant in the amount of 2 months' rent plus one
additional month of rent if any of the following individuals reside in the
residential premises:
! An individual who is under 18 years of age or at least 60
years of age;
! An individual whose income is no greater than 80% of the
area median income; or
! An individual with a disability.
If a landlord proceeds with an eviction of a tenant without cause,
the tenant may seek relief as provided in existing laws concerning
unlawful removal of a tenant and may assert the landlord's violation as an
affirmative defense to an eviction proceeding.
Current law allows a tenant to terminate a tenancy by serving
written notice to the landlord within a prescribed time period, based on
the length of the tenancy. For the purpose of such notices, certain
provisions apply, including the following:
! Any person in possession of real property with the assent
of the owner is presumed to be a tenant at will until the
contrary is shown; and
! Certain provisions concerning notices to quit do not apply
to the termination of a residential tenancy if the residential
premises is a condominium unit.
The bill eliminates these provisions.
Current law requires the management of a mobile home park to
make a reasonable effort to notify a resident of the management's
intention to enter the mobile home space at least 48 hours before entry.
The bill increases this notice period to 72 hours.
Be it enacted by the General Assembly of the State of Colorado:1
1098-2- SECTION 1. Legislative declaration. The general assembly1
finds and declares that this act is reasonable and necessary for the2
important public purposes of preventing arbitrary displacement of3
individuals, protecting safety, and promoting public health and should be4
construed broadly to achieve these purposes.5
SECTION 2. In Colorado Revised Statutes, add part 13 to article6
12 of title 38 as follows:7
PART 138
FOR CAUSE EVICTION POLICY9
38-12-1301. Definitions. A
S USED IN THIS PART 13, UNLESS THE10
CONTEXT OTHERWISE REQUIRES :11
(1) "A
CCESSORY DWELLING UNIT" HAS THE MEANING SET FORTH12
IN SECTION 38-12-801 (7)(a).13
14
(2) "CAUSE" MEANS A CIRCUMSTANCE DESCRIBED IN SECTION15
38-12-1303
(2).16(3) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION17
38-12-502
(3).18(4) "LANDLORD" MEANS A LANDLORD, AS DEFINED IN SECTION19
38-12-502
(5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE20
MANAGEMENT OR L ANDLORD OF A MOBILE HOME PARK , AS DEFINED IN21
SECTION 38-12-201.5 (3), UNLESS:22
(a) T
HE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS23
RENTING BOTH A MOBILE HOME SPACE , AS DEFINED IN SECTION24
38-12-201.5
(6.5), AND A MOBILE HOME , AS DEFINED IN SECTION25
38-12-201.5
(5), TO A MOBILE HOME PARK RESIDENT , AS DEFINED IN26
SECTION 38-12-201.5 (11); AND27
1098
-3- (b) THE MOBILE HOME PARK RESIDENT IS NOT RESIDING IN THE1
MOBILE HOME PARK UNDER A LEASE -TO-OWN AGREEMENT.2
3
(5) "NO-FAULT EVICTION" MEANS AN ACTION BROUGHT BY A4
LANDLORD PURSUANT TO ARTICLE 40 OF TITLE 13 FOR THE EVICTION OF A5
TENANT UNDER CONDITIONS DESCRIBED IN SECTION 38-12-1303 (3).6
(6) "PRIMARY RESIDENCE" MEANS THE ADDRESS THAT IS LISTED ON7
A TENANT'S OR LANDLORD 'S COLORADO DRIVER 'S LICENSE,8
IDENTIFICATION CARD, OR VOTER REGISTRATION; USED FOR PURPOSES OF9
A TENANT'S OR LANDLORD'S PAYMENT OF STATE OR FEDERAL TAXES ; OR10
USED FOR THE PURPOSE OF PUBLIC SCHOOL REGISTRATION AT THE TIME11
THAT A VALID NO-FAULT EVICTION IS EXERCISED BY A LANDLORD12
PURSUANT TO SECTION 38-12-1303 (3).13
(7) "PROPER SERVICE" MEANS SERVICE THAT COMPLIES WITH14
SECTION 13-40-108.15
(8) "RENT" MEANS ANY MONEY OR OTHER CONSIDERATION PAID TO16
A LANDLORD FOR THE RIGHT TO USE, POSSESS, AND OCCUPY A DWELLING17
UNIT.18
(9) "RENTAL AGREEMENT" HAS THE MEANING SET FORTH IN19
SECTION 38-12-502 (7).20
(10) "RESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN21
SECTION 38-12-502 (8).22
(11) "SHORT-TERM RENTAL PROPERTY " MEANS A RESIDENTIAL23
PREMISES THAT IS LEASED:24
(a) F
OR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR25
REMUNERATION AND FOR TEMPORARY , RECREATIONAL, BUSINESS, OR26
TRANSIENT PURPOSES; OR27
1098
-4- (b) PURSUANT TO A RENTAL AGREEMENT OR OTHER OCCUPANCY1
AGREEMENT IF THE TENANT OF THE RENTAL AGREEMENT OR OTHER2
OCCUPANCY AGREEMENT IS RENTING THE RESIDENTIAL PREMISES FOR LESS3
THAN SIX MONTHS FROM A LANDLORD TO WHICH THE TE NANT SOLD THE4
RESIDENTIAL PREMISES.5
(12) (a) "SUBSTANTIAL REPAIRS OR RENOVATIONS " MEANS EITHER6
OF THE FOLLOWING TYPES OF REPAIRS OR RENOVATIONS THAT CANNOT BE7
REASONABLY ACCOMPLISHED IN A SAFE MANNER WITH THE TENANT IN8
PLACE AND REQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES9
FOR AT LEAST SIXTY DAYS:10
(I) T
HE REPLACEMENT OR SUBSTANTIAL MODIFICATION OF ANY11
STRUCTURAL, ELECTRICAL, PLUMBING, OR MECHANICAL SYSTEM, WHICH12
REPLACEMENT OR MODIFICATION REQUIRES A PERMIT FROM A13
GOVERNMENTAL AGENCY ; OR14
(II) T
HE ABATEMENT OF HAZARDOUS MATERIALS , INCLUDING15
LEAD-BASED PAINT, MOLD, OR ASBESTOS, IN ACCORDANCE WITH16
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS.17
(b) "S
UBSTANTIAL REPAIRS OR RENOVATIONS " DOES NOT INCLUDE18
COSMETIC IMPROVEMENTS , INCLUDING PAINTING, DECORATING, AND19
MINOR REPAIRS, OR OTHER WORK THAT CAN BE PERFORMED SAFELY WITH20
THE TENANT IN PLACE AND NOT REQUIRED TO VACATE THE RESIDENTIAL21
PREMISES.22
(13) "TENANT" HAS THE MEANING SET FORTH IN SECTION23
38-12-502
(9). "TENANT" DOES NOT INCLUDE A HOME OWNER, AS DEFINED24
IN SECTION 38-12-201.5 (2).25 26
(14) "WRITTEN NOTICE" MEANS WRITTEN NOTICE TO VACATE27
1098
-5- THAT:1
(a) C
OMPLIES WITH SECTION 13-40-106; AND2
(b) I
S PROVIDED TO A TENANT BY A LANDLORD OR BY A3
LANDLORD'S AGENT.4
38-12-1302. Applicability. (1) T
HIS PART 13 APPLIES TO EVERY5
RESIDENTIAL PREMISES IN THE STATE; EXCEPT THAT THIS PART 13 DOES6
NOT APPLY TO:7
(a) A
SHORT-TERM RENTAL PROPERTY;
8
(b) A
DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL9 PREMISES IF THE OWNER OR MASTER TENANT LIVES IN AND MAINTAINS THE10
RESIDENTIAL PREMISES AS THE OWNER'S OR MASTER TENANT'S PRIMARY11
RESIDENCE OR IF THE OWNER OF THE RESIDENTIAL PREMISES LIVES IN A12
PROPERTY THAT IS ADJACENT TO THE RESIDENTIAL PREMISES AND THAT13
THE OWNER MAINTAINS AS THE OWNER 'S PRIMARY RESIDENCE AND THE14
RESIDENTIAL PREMISES OR THE OWNER 'S ADJACENT PROPERTY:15
(I) I
S:16
(A) A
SINGLE-FAMILY HOME WITH OR WITHOUT AN ACCESSORY17
DWELLING UNIT THAT IS LOCATED ON THE SAME LOT AND ATTACHED ,18
SEMI-ATTACHED, OR UNATTACHED TO THE SINGLE-FAMILY HOME;19
(B) A
DUPLEX; OR20
(C) A
TRIPLEX; AND21
(II) IS NOT A MULTIFAMILY PROPERTY OF FOUR OR MORE DWELLING22
UNITS;23
(c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.524
(6.5),
THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION25
38-12-201.5
(2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME26
SPACE PURSUANT TO A LEASE-TO-OWN AGREEMENT, PURCHASE OPTION, OR27
1098
-6- SIMILAR AGREEMENT;1
(d) A RESIDENTIAL PREMISES THAT IS LEASED TO A TENANT2
PURSUANT TO AN EMPLOYER-PROVIDED HOUSING AGREEMENT , AS DEFINED3
IN SECTION 13-40-104 (5)(a);4
(e) A RESIDENTIAL TENANT WHO HAS NOT BEEN A TENANT OF A5
RESIDENTIAL PREMISES FOR AT LEAST NINE MONTHS ; OR6
(f) A RESIDENTIAL TENANT WHO IS NOT KNOWN TO THE LANDLORD7
TO BE A TENANT OF THE RESIDENTIAL PREMISES .8
38-12-1303. Cause for eviction required - no-fault evictions.9
(1) A
LANDLORD SHALL NOT SERVE A NOTICE TO TERMINATE TENANCY OR10
A DEMAND FOR POSSESSION OR OTHERWISE PROCEED WITH AN ACTION FOR11
UNLAWFUL DETAINER PURSUANT TO ARTICLE 40 OF TITLE 13 UNLESS12
THERE IS CAUSE FOR THE EVICTION.13
(2) F
OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, CAUSE14
EXISTS ONLY AS DESCRIBED IN THE FOLLOWING SECTIONS :15
(a) S
ECTION 13-40-104 (1)(a) FOR WHEN ENTRY IS MADE WITHOUT16
RIGHT OR TITLE INTO ANY VACANT OR UNOCCUPIED LANDS OR TENEMENTS ;17
(b) S
ECTION 13-40-104 (1)(b) FOR WHEN ENTRY IS MADE18
WRONGFULLY INTO CERTAIN PUBLIC LANDS , TENEMENTS, MINING CLAIMS,19
OR OTHER POSSESSIONS;20
(c) S
ECTION 13-40-104 (1)(c) FOR WHEN A LESSEE OR TENANT AT21
WILL, OR AT SUFFERANCE, OF ANY NONRESIDENTIAL REAL PROPERTY OR22
RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-1302
(1)(a), (1)(b),23
(1)(d), (1)(e), OR (1)(f) HOLDS OVER AND CONTINUES IN POSSESSION OF24
THE PROPERTY OR PREMISES , OR ANY PORTION OF THE PROPERTY OR25
PREMISES, AFTER THE EXPIRATION OF THE TERM FOR WHICH THE PROPERTY26
OR PREMISES WAS LEASED OR AFTER THE TENANCY , AT WILL OR AT27
1098
-7- SUFFERANCE, HAS BEEN TERMINATED BY EITHER PARTY ;1
(d) S
ECTION 13-40-104 (1)(d) FOR NONPAYMENT OF RENT ;2
(e) S
ECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION,3
AS DESCRIBED IN SECTION 13-40-107.5;4
(f) S
ECTION 13-40-104 (1)(e) FOR A MATERIAL VIOLATION OF THE5
LEASE OR RENTAL AGREEMENT ;6
(g) S
ECTION 13-40-104 (1)(e.5) FOR A REPEAT VIOLATION AFTER7
RECEIPT OF PROPER NOTICE OF A VIOLATION;8
(h) S
ECTION 13-40-104 (1)(e.8) AND SUBSECTION (3) OF THIS9
SECTION CONCERNING NO-FAULT EVICTIONS;10
(i) S
ECTION 13-40-104 (1)(g) FOR WHEN PROPERTY HAS BEEN SOLD11
UNDER A JUDGMENT OR DECREE AND THE PARTY OR PRIVIES TO THE12
JUDGMENT OR DECREE REFUSE OR NEGLECT TO SURRENDER POSSESSION13
AFTER THE EXPIRATION OF THE TIME OF REDEMPTION , WHEN REDEMPTION14
IS ALLOWED BY LAW, AFTER THE PURCHASER DEMANDS THE PROPERTY ;15
(j) S
ECTION 13-40-104 (1)(h) FOR WHEN AN HEIR OR DEVISEE16
CONTINUES IN POSSESSION OF A PREMISES SOLD AND CONVEYED BY A17
PERSONAL REPRESENTATIVE ;
18
(k) S
ECTION 13-40-104 (1)(i) FOR A VENDEE THAT HOLDS OVER19
AFTER FAILING TO COMPLY WITH AN AGREEMENT TO PURCHASE LANDS OR20 TENEMENTS; AND21
(l) SECTION 13-40-104 (1)(j) FOR WHEN A TENANT HAS ENGAGED22
IN CONDUCT THAT CREATES A NUISANCE OR DISTURBANCE THAT23
INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER24
TENANTS AT THE PROPERTY OR WHERE THE TENANT IS NEGLIGENTLY25
DAMAGING THE PROPERTY .26
(3) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (5) OF THIS27
1098
-8- SECTION, THE FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A1
NO-FAULT EVICTION OF A TENANT:2
(a) Demolition or conversion of residential premises. W
HEN A3
LANDLORD PLANS TO DEMOLISH A RESIDENTIAL PREMISES , CONVERT IT TO4
A NONRESIDENTIAL USE, OR CONVERT IT TO A SHORT -TERM RENTAL5
PROPERTY, THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A6
TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE7
RENTAL AGREEMENT SO LONG AS THE LANDLORD :8
(I) A
LLOWS THE TENANT AT LEAST NINETY DAYS
AFTER RECEIVING9
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(a)(II) OF THIS10
SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE11
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES12
UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL AGREEMENT;13
AND14
(II) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE15
OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES:16
(A) T
HE DATE BY WHICH THE TENANT MUST VACATE THE17
RESIDENTIAL PREMISES, WHICH DATE MUST BE AT LEAST NINETY DAYS18
AFTER THE DATE UPON WHICH THE LANDLORD PROVIDES THE WRITTEN19
NOTICE TO THE TENANT; AND20
(B) A
DESCRIPTION AND TIMELINE OF THE DEMOLITION OR21
CONVERSION OF THE RESIDENTIAL PREMISES AND A MATERIAL22
DEMONSTRATION OF THE PROPOSED DATE UPON WHICH THE PROJECT WILL23
COMMENCE, SUCH AS A COPY OF A BUILDING PERMIT OR APPLICATION FOR24
A PERMIT OR LICENSE TO OPERATE A SHORT -TERM RENTAL PROPERTY ,25
WHERE APPLICABLE.26
(b) Substantial repairs or renovations. (I) E
XCEPT AS27
1098
-9- DESCRIBED IN SUBSECTION (3)(b)(II) OF THIS SECTION, WHEN A LANDLORD1
PLANS TO MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A2
RESIDENTIAL PREMISES, THE LANDLORD MAY INITIATE A NO -FAULT3
EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE4
TERM OF THE RENTAL AGREEMENT SO LONG AS THE LANDLORD :5
(A) A
LLOWS THE TENANT AT LEAST NINETY DAYS
AFTER6
RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(b)(I)(B)7
OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH8
TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL9
PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL10
AGREEMENT;11
(B) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE12
OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES THE DATE13
BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES , WHICH14
DATE MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE15
LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT ;16
(C) P
ROVIDES THE TENANT A DESCRIPTION OF THE TIMELINE OF17
THE SUBSTANTIAL REPAIRS OR RENOVATIONS TO THE RESIDENTIAL18
PREMISES;19
(D) P
ROCEEDS WITHOUT UNREAS ONABLE DELAY TO EFFECT THE20
SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD 'S21
RECOVERY OF POSSESSION OF THE RESIDENTIAL PREMISES ; AND22
(E) P
ROVIDES THE TENANT A WRITTEN NOTICE VIA FIRST -CLASS23
MAIL TO ANY KNOWN ADDRESS OR E -MAIL ADDRESS PROVIDED BY THE24
TENANT WHEN THE SUBSTANTIAL REPAIRS OR RENOVATIONS ARE25
COMPLETE. IF, WITHIN THIRTY DAYS AFTER RECEIVING SUCH NOTICE , THE26
TENANT NOTIFIES THE LANDLORD THAT THE TE NANT WANTS TO RETURN TO27
1098
-10- THE RESIDENTIAL PREMISES, THE LANDLORD SHALL OFFER THE TENANT1
THE FIRST RIGHT TO RETURN TO THE RESIDENTIAL PREMISES PURSUANT TO2
A RENTAL AGREEMENT OF SUBSTANTIALLY THE SAME TERMS , INCLUDING3
TERMS ESTABLISHING RENT IN THE SAME AMOUNT OR IN A REASONABLY4
INCREASED AMOUNT; EXCEPT THAT A LANDLORD MAY INCREASE RENT BY5
AN AMOUNT THAT REASONABLY REFLECTS IMPROVEMENTS MADE TO THE6
RESIDENTIAL PREMISES.7
(II) A
LANDLORD SHALL NOT INITIATE A NO-FAULT EVICTION OF A8
TENANT AS DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION IF THE9
SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED BASIS OF10
THE NO-FAULT EVICTION ARE:11
(A) R
EQUIRED IN ORDER FOR THE LANDLORD TO SATISFY THE12
REQUIREMENTS DESCRIBED IN SECTION 38-12-503 CONCERNING A BREACH13
OF THE WARRANTY OF HABITABILITY ; OR14
(B) I
NITIATED BY THE LANDLORD IN RETALIATION AGAINST THE15
TENANT, AS DESCRIBED IN SECTION 38-12-509 (1).16
(c) Landlord or family member of landlord assumes17
occupancy.
(I) WHEN A LANDLORD PLANS TO RECOVER POSSESSION OF18
A RESIDENTIAL PREMISES FOR THE LANDLORD'S OWN USE AND OCCUPANCY19
AS A PRIMARY RESIDENCE , OR FOR THE USE AND OCCUPANCY AS A20
PRIMARY RESIDENCE BY THE LANDLORD 'S SPOUSE, DOMESTIC PARTNER,21
CHILD, STEPCHILD, PARENT, STEPPARENT, GRANDPARENT , OR22
GRANDCHILD, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION OF A23
TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE24
RENTAL AGREEMENT SO LONG AS :25
(A) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(III) OF THIS26
SECTION, THE LANDLORD OR THE LANDLORD 'S SPOUSE, DOMESTIC27
1098
-11- PARTNER, CHILD, STEPCHILD, PARENT, STEPPARENT, GRANDPARENT, OR1
GRANDCHILD MOVES INTO THE RESIDENTIAL PREMISES WITHIN THREE2
MONTHS AFTER THE TENANT VACATES THE RESIDENTIAL PREMISES ;3
(B) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS4
SECTION, THE LANDLORD PROVIDES THE TENANT PROPER SERVICE OF A5
WRITTEN NOTICE OF THE NO -FAULT EVICTION AT LEAST NINETY DAYS6
BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL7
PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION8
OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT 'S9
EXISTING RENTAL AGREEMENT ; AND10
(C) NO SUBSTANTIALLY EQUIVALENT UNIT IS VACANT AND11
AVAILABLE TO HOUSE THE LANDLORD OR THE LANDLORD 'S SPOUSE,12
DOMESTIC PARTNER , CHILD, STEPCHILD, PARENT, STEPPARENT,13
GRANDPARENT, OR GRANDCHILD IN THE SAME BUILDING . THERE IS A14
REBUTTABLE PRESUMPTION THAT A LANDLORD DID NOT ACT IN GOOD15
FAITH IF THE LANDLORD OR THE LANDLORD'S SPOUSE, DOMESTIC PARTNER,16
CHILD, STEPCHILD, PARENT, STEPPARENT, GRANDPARENT, OR GRANDCHILD17
FAILS TO OCCUPY THE UNIT AS A PRIMARY RESIDENCE FOR AT LEAST SIXTY18
CONSECUTIVE DAYS AFTER THE LANDLORD OR THE LANDLORD'S SPOUSE,19
DOMESTIC PARTNER , CHILD, STEPCHILD, PARENT, STEPPARENT,20
GRANDPARENT, OR GRANDCHILD ASSUMES OCCUPANCY OF THE21
RESIDENTIAL PREMISES.22
(II) IF THE LANDLORD IS AN INDIVIDUAL ON ACTIVE MILITARY23
DUTY FOR THE UNITED STATES MILITARY FORCES OR A SPOUSE OF SUCH AN24
INDIVIDUAL, THE LANDLORD MUST PROVIDE THE TENANT PROPER SERVICE25
OF A WRITTEN NOTICE OF THE NO-FAULT EVICTION AT LEAST FORTY-FIVE26
DAYS BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE27
1098
-12- RESIDENTIAL PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN1
POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF2
THE TENANT'S EXISTING RENTAL AGREEMENT .3
(III) IF THE LANDLORD OR THE LANDLORD 'S SPOUSE, DOMESTIC4
PARTNER, CHILD, STEPCHILD, PARENT, STEPPARENT, GRANDPARENT, OR5
GRANDCHILD IS A PERSON WITH A DISABILITY, THE LANDLORD MAY6
EXTEND FOR A REASONABLE TIME THE PERIOD OF TIME DESCRIBED7
SUBSECTION (3)(c)(I)(A) OF THIS SECTION TO ALLOW FOR CHANGES TO BE8
MADE TO THE RESIDENTIAL PREMISES TO ACCOMMODATE THE FAMILY9
MEMBER WITH THE DISABILITY.10
11
(d) Withdrawal from rental market for the purpose of selling12
the residential premises. (I) W
HEN A LANDLORD PLANS TO SELL A13
RESIDENTIAL PREMISES THAT IS A SINGLE-FAMILY HOME, A TOWNHOME, OR14
AN INDIVIDUAL CONDOMINIUM UNIT , THE LANDLORD MAY INITIATE A15
NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE16
END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS THE17
LANDLORD:18
(A) A
LLOWS THE TENANT AT LEAST
NINETY DAYS AFTER19
RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(d)(I)(B)20
OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH21
TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL22
PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL23
AGREEMENT;24
(B) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE25
OF THE LANDLORD'S INTENT TO WITHDRAW THE RESIDENTIAL PREMISES26
FROM THE RENTAL MARKET AND SELL THE RESIDENTIAL PREMISES , WHICH27
1098
-13- NOTICE INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO1
VACATE; AND2
(C) D
OES NOT LIST THE RESIDENTIAL PREMISES FOR A LONG-TERM3
OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER THE DATE ON4
WHICH THE TENANT IS REQUIRED TO
VACATE; EXCEPT THAT THIS5
SUBSECTION (3)(d)(I)(C) DOES NOT APPLY IF THE LANDLORD PRODUCES6
EVIDENCE THAT THE RESIDENTIAL PREMISES WAS LISTED FOR SALE ON A7
MULTIPLE-LISTING SERVICE AFTER THE TENANT WAS REQUIRED TO8
VACATE.9
(II) N
OTHING IN THIS SUBSECTION
(3)(d) MAY BE CONSTRUED TO10
ALLOW A LANDLORD TO INITIATE A NO -FAULT EVICTION OR OTHERWISE11
TERMINATE A RENTAL AGREEMENT WITHOUT CAUSE BEFORE THE END OF12
THE TERM OF THE RENTAL AGREEMENT .13
(e) Tenant refuses to sign new lease with reasonable terms. IF,14
AT THE END OF A LEASE PERIOD, THE TENANT REFUSES TO SIGN A NEW15
RENTAL AGREEMENT WITH REASONABLE TERMS, THE LANDLORD MAY16
INITIATE A NO-FAULT EVICTION OF THE TENANT SO LONG AS THE17
LANDLORD:18
(I) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING19
THE NOTICE DESCRIBED IN SUBSECTION (3)(e)(II) OF THIS SECTION TO20
VACATE THE RESIDENTIAL PREMISES AFTER THE TENANT HAS REFUSED TO21
SIGN THE NEW RENTAL AGREEMENT, DURING WHICH TIME THE TENANT22
MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE23
SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT ; AND24
(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE25
OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE26
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO27
1098
-14- VACATE.1
(f) History of nonpayment of rent. (I) IF A TENANT SUBMITS A2
RENT PAYMENT LATE MORE THAN TWO TIMES DURING THE PERIOD OF THE3
RENTAL AGREEMENT, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION4
OF THE TENANT AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO5
LONG AS THE LANDLORD:6
(A) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER7
RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (3)(f)(I)(B) OF THIS8
SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE9
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES10
UNDER THE SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT;11
AND12
(B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE13
OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE14
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO15
VACATE.16
(II) FOR PURPOSES OF THIS SUBSECTION (3)(f), A RENT PAYMENT17
QUALIFIES AS LATE IF IT IS SUBMITTED MORE THAN TEN CALENDAR DAYS18
AFTER THE DAY IT IS DUE ACCORDING TO THE RENTAL AGREEMENT AND19
THE LANDLORD PROVIDES THE TENANT WITH PROPER SERVICE OF A20
WRITTEN NOTICE UNDER SECTION 13-40-104 (1)(d).21
(III) THIS SUBSECTION (3)(f) DOES NOT APPLY IF THE RENT22
PAYMENT IS SUBMITTED WITHIN THE CURE PERIOD DESCRIBED IN SECTION23
13-40-104 (1)(d) OR 13-40-115 (4).24
(4) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPACT25
THE INTERPRETATION OF THE MEANING OF THE TERM "GOOD CAUSE" AS26
THE TERM IS USED IN FEDERAL LAW OR FEDERAL REGULATIONS .27
1098
-15- (5) (a) A LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF1
A TENANT BY FILING AN ACTION UNDER ARTICLE 40 OF TITLE 13 ONLY IF2
THE LANDLORD PROVIDES PROPER SERVICE OF A WRITTEN NOTICE OF THE3
NO-FAULT EVICTION AND THE TENANT FAILS TO VACATE ON OR BEFORE4
THE DEADLINE STATED IN THE NOTICE.5
(b) A
WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3)6
OF THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL AND7
FACTUAL BASIS FOR THE LANDLORD'S NO-FAULT EVICTION OF THE TENANT,8
WHICH LEGAL BASIS MUST BE SET FORTH IN SUBSECTION (3) OF THIS9
SECTION.10 11
38-12-1304. Violations - remedies. I F A LANDLORD PROCEEDS12
WITH AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION13
OF THIS PART 13, AND THE TENANT LOSES POSSESSION OF THE DWELLING14
UNIT, THE TENANT MAY SEEK RELIEF AS DESCRIBED IN SECTION 38-12-510.15
16
38-12-1305. No waiver of requirements by agreement. A17
PROVISION OF A RENTAL AGREEMENT OR OTHER AGREEMENT THAT18
PURPORTS TO AUTHORIZE OR EFFECTUATE A WAIVER OR MODIFICATION OF19
ANY PROVISION OF THIS PART 13 IS VOID AND UNENFORCEABLE.20
38-12-1306. Affirmative defense. I F A LANDLORD FAILS TO21
COMPLY WITH THIS PART 13, A TENANT MAY ASSERT THE LANDLORD 'S22
FAILURE AS AN AFFIRMATIVE DEFENSE FOR A TENANT TO AN EVICTION23
PROCEEDING. IF A TENANT ASSERTS SUCH AN AFFIRMATIVE DEFENSE , AND24
THE LANDLORD CANNOT DEMONSTRATE BY A PREPONDERANCE OF THE25
EVIDENCE THAT THE LANDLORD HAS COMPLIED WITH THIS PART 13, THE26
COURT SHALL DISMISS THE EVICTION PROCEEDING .27
1098
-16- 38-12-1307. Retaliatory rent increase prohibited. A LANDLORD1
SHALL NOT INCREASE A TENANT 'S RENT IN A DISCRIMINATORY ,2
RETALIATORY, OR UNCONSCIONABLE MANNER TO CIRCUMVENT THE3
REQUIREMENTS AND PROHIBITIONS SET FORTH IN THIS PART 13.4
SECTION 3. In Colorado Revised Statutes, 13-40-104, amend5
(1) introductory portion, (1)(c), (1)(e), and (1)(e.5)(II); and add (1)(e.8)6
and (1)(j) as follows:7
13-40-104. Unlawful detention defined - definitions. (1) Any8
A person is guilty of HAS COMMITTED an unlawful detention of real9
property in the following cases:10
(c) When any lessee or tenant at will, or by AT sufferance, or for11
any part of a year, or for one or more years PERIOD OF TIME, of any12
NONRESIDENTIAL real property OR RESIDENTIAL PREMISES DESCRIBED IN13
SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), including a14
specific or undivided portion of a building, or dwelling, holds over and15
continues in possession of the demised premises NONRESIDENTIAL REAL16
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-130217
(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), or any portion thereof, after the18
expiration of the term for which the same were NONRESIDENTIAL REAL19
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-130220
(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f) WAS leased or after such THE21
tenancy at will or sufferance, has been terminated by either party;22
(e) When such A tenant or lessee holds over without such23
permission, contrary to any other MATERIAL condition or covenant of the24
agreement under which such THE tenant or lessee holds, and ten days'25
notice in writing has been duly served upon such THE tenant or lessee26
requiring in the alternative the EITHER compliance with such THE27
1098
-17- condition or covenant or the delivery of the possession of the premises;1
so held; except that, for a nonresidential agreement or an2
employer-provided housing agreement, three days' notice is required,3
pursuant to this section, and for an exempt residential agreement, five4
days' notice is required; pursuant to this section.5
(e.5) (II) A tenancy pursuant to a residential agreement may be6
terminated at any time pursuant to this subsection (1)(e.5) on the basis of7
a subsequent violation of the same condition or covenant of the8
agreement. The termination of a residential tenancy is effective ten days9
after service of written notice to quit TERMINATE TENANCY .10
Notwithstanding any other provision of this subsection (1)(e.5)(II), a11
tenancy pursuant to a nonresidential agreement, an exempt residential12
agreement, or an employer-provided housing agreement may be13
terminated at any time pursuant to this subsection (1)(e.5) on the basis of14
a subsequent violation. The termination of a nonresidential tenancy or an15
employer-provided housing tenancy is effective three days after service16
of written notice to quit TERMINATE TENANCY, and the termination of a17
tenancy pursuant to an exempt residential agreement is effective five days18
after service of written notice to quit TERMINATE TENANCY.19
(e.8) W
HEN A TENANT HOLDS OVER AND MAINTAINS POSSESSION20
OF A RESIDENTIAL PREMISES AFTER THE LANDLORD HAS PROPERLY21 INITIATED A NO-FAULT EVICTION BY SATISFYING THE NOTICE22
REQUIREMENTS AND OTHER REQUIREMENTS ASSOCIATED WITH THE23
NO-FAULT EVICTION, AS DESCRIBED IN SECTION 38-12-1303 (3);24
(j) (I) WHEN A TENANT OR LESSEE HOLDS OVER WITHOUT25
PERMISSION OF THE LANDLORD AFTER THE TENANT HAS ENGAGED IN26
CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A NUISANCE, WHICH27
1098
-18- CONDUCT INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD, IF1
THE LANDLORD LIVES IN THE SAME OR AN IMMEDIATELY ADJACENT2
PROPERTY, OR OTHER TENANTS OR OCCUPANTS OF THE SAME PROPERTY,3
OR BY REASON OF NEGLIGENCE DAMAGED THE HOUSING4
ACCOMMODATION, AND TEN DAYS' NOTICE IN WRITING HAS BEEN DULY5
SERVED UPON THE TENANT OR LESSEE, WHICH NOTICE CONTAINS A6
DESCRIPTION OF THE SPECIFIC CONDUCT THAT DISTURBED OTHERS OR7
CAUSED A NUISANCE, REQUIRING IN THE ALTERNATIVE CESSATION OF THE8
CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A NUISANCE THAT9
INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD, IF THE10
LANDLORD LIVES IN THE SAME OR IMMEDIATELY ADJACENT PROPERTY, OR11
OTHER TENANTS OR OCCUPANTS OF THE SAME PROPERTY, OR MALICIOUSLY12
OR BY REASON OF NEGLIGENCE DAMAGED THE HOUSING ACCOMM ODATION13
OR POSSESSION OF THE PREMISES SO HELD; EXCEPT THAT, FOR A14
NONRESIDENTIAL AGREEMENT OR AN EMPLOYER-PROVIDED HOUSING15
AGREEMENT, THREE DAYS' NOTICE IS REQUIRED PURSUANT TO THIS16
SUBSECTION (1)(j), AND FOR AN EXEMPT RESIDENTIAL AGREEMENT, FIVE17
DAYS' NOTICE IS REQUIRED PURSUANT TO THIS SECTION.18
(II) THE LAWFUL EXERCISE BY A TENANT OF ANY RIGHTS19
PURSUANT TO ANY LAW OR RULE RELATING TO OCCUPANCY OF A20
PROPERTY, INCLUDING THIS SUBSECTION (1)(j), SHALL NOT BE DEEMED TO21
INTERFERE WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER22
TENANTS OR OTHER GROUND FOR EVICTION PURSUANT TO THIS23
SUBSECTION (1)(j).24
(III) IT SHALL NOT CONSTITUTE A NUISANCE OR DISTURBANCE FOR25
PURPOSES OF THIS SUBSECTION (1)(j) IF A VICTIM OF DOMESTIC VIOLENCE26
IS BEING ACCUSED OF CAUSING A DISTURBANCE OR NUISANCE AS A DIRECT27
1098
-19- RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE . THIS EXCEPTION1
APPLIES ONLY TO VICTIMS OF DOMESTIC VIOLENCE AND NOT TO2
PERPETRATORS.3
SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as4
follows:5
13-40-106. Written demand. (1) The demand OR NOTICE6
required by section 13-40-104
OR 38-12-1303 shall be made in writing,7
specifying the grounds of the demandant's right to the possession of such
8
THE premises, INCLUDING A SPECIFIC DESCRIPTION OF THE ALLEGED9
VIOLATION OR NO-FAULT EVICTION GROUNDS , describing the same10
PREMISES, and INDICATING the DATE AND time when the same PREMISES11
shall be delivered up, and shall be signed by the person claiming such12
possession, his THE PERSON'S agent, or his THE PERSON'S attorney.13
(2) The demand OR NOTICE REQUIRED BY SECTION 13-40-104 OR14
38-12-1303 must also include a statement that a residential tenant who15
receives supplemental security income, social security disability insurance16
under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et17
seq., as amended, or cash assistance through the Colorado works program18
created in part 7 of article 2 of title 26 has a right to mediation prior to the19
landlord filing an eviction complaint with the court pursuant to section20
13-40-110.21
(3) T
HE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-104 OR22
38-12-1303
MUST BE WRITTEN IN ENGLISH, SPANISH,
OR ANY OTHER23
LANGUAGE THAT THE LANDLORD KNOWS , OR HAS REASON TO KNOW, IS24
THE PRIMARY LANGUAGE OF THE TENANT .25
SECTION 5. In Colorado Revised Statutes, amend 13-40-107 as26
follows:27
1098
-20- 13-40-107. Notice to terminate tenancy. (1) A tenancy may be1
terminated by notice in writing, served not less than the respective period2
fixed before the end of the applicable tenancy, as follows: A LANDLORD3
OF NONRESIDENTIAL REAL PROPERTY OR A RESIDENTIAL PREMISES4
DESCRIBED IN SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f)5
OR A TENANT OF ANY PROPERTY OR PREMISES MAY TERMINATE A6
PERIODIC TENANCY AT THE END OF THE TENANCY PERIOD OR ELECT TO NOT7
RENEW A FIXED TERM TENANCY AT THE END OF THE FIXED TERM BY8
SERVING WRITTEN NOTICE THAT EXPIRES AT THE END OF THE PERIOD OR9
FIXED TERM, BASED ON THE LENGTH OF THE APPLICABLE TENANCY10
DESCRIBED IN SUBSECTION (2) OF THIS SECTION.11
(2) T
HE WRITTEN NOTICE DESCRIBED IN SUBSECTION (1) OF THIS12
SECTION MUST BE SERVED BEFORE THE END OF THE PERIOD OR FIXED TERM ,13
AS FOLLOWS:14
(a) A tenancy for one year or longer,
AT LEAST ninety-one days;15
(b) A tenancy of six months or longer but less than a year,
AT16
LEAST twenty-eight days;17
(c) A tenancy of one month or longer but less than six months,
AT18
LEAST twenty-one days;19
(d) A tenancy of one week or longer but less than one month, or20
a tenancy at will,
AT LEAST three days;21
(e) A tenancy for less than one week,
AT LEAST one day.22
(2)
(3) Such THE WRITTEN notice shall DESCRIBED IN SUBSECTION23
(1)
OF THIS SECTION MUST:24
(a) Describe the property and the particular time
DATE when the25
tenancy will terminate; and26
(b) shall Be signed by the landlord or tenant, the party giving such27
1098
-21- notice, or his THE LANDLORD'S OR TENANT'S agent or attorney.1
(3) Any person in possession of real property with the assent of2
the owner is presumed to be a tenant at will until the contrary is shown.3
(4) No
WRITTEN notice to quit shall be
UNDER SUBSECTION (1) OF4
THIS SECTION IS necessary from or to a tenant whose term WITH A5
FIXED-TERM TENANCY THAT is, by agreement, to end at a time certain.6
(5) Except as otherwise provided in section 38-33-112, C.R.S., the7
provisions of subsections (1) and (4) of this section shall not apply to the8
termination of a residential tenancy during the ninety-day period provided9
for in said section.10
SECTION 6. In Colorado Revised Statutes, 13-40-107.5, amend11
(4)(a) and (4)(b) as follows:12
13-40-107.5. Termination of tenancy for substantial violation13
- definition - legislative declaration. (4) (a) A tenancy may be14
terminated at any time on the basis of a substantial violation. The15
termination shall be IS effective three days after service of written notice16
to quit TERMINATE TENANCY.17
(b) The notice to quit shall TERMINATE TENANCY MUST describe18
the property, the particular time DATE when the tenancy will terminate,19
and the grounds for termination. The notice shall MUST be signed by the20
landlord or by the landlord's agent or attorney.21
SECTION 7. In Colorado Revised Statutes, amend 13-40-108 as22
follows:23
13-40-108. Service of notice to vacate or demand. A
WRITTEN24
notice to quit
VACATE or demand for possession of real property AS25
REQUIRED BY SECTION 13-40-104, 38-12-202, 38-12-204, OR 38-12-130326
may be served by delivering a copy thereof OF THE NOTICE to the A27
1098
-22- KNOWN tenant or other person occupying such THE premises, or by1
leaving such copy with some person, a member of the tenant's family2
above the age of fifteen years, residing on or in charge of the premises,3
or, in case no one is on the premises at the time service is attempted4
AFTER ATTEMPTS AT PERSONAL SERVICE AT LEAST ONCE ON TWO5
SEPARATE DAYS, by posting such THE copy in some conspicuous place on6
the premises.7
SECTION 8. In Colorado Revised Statutes, 13-40-110, amend8
(2) as follows:9
13-40-110. Action - how commenced - report. (2) In an action10
for termination of a tenancy in a mobile home park, the complaint, in11
addition to the requirements of subsection (1) of this section, must specify12
the reasons for termination as the reasons are stated in section 38-12-203.13
The complaint must specify the approximate time, place, and manner in14
which the tenant allegedly committed the acts giving rise to the15
complaint. If the action is based on the mobile home or mobile home lot16
being out of compliance with the rules and regulations adopted pursuant17
to section 38-12-214, the complaint must specify that the home owner18
was given ninety days after the date of service or posting of the notice to19
quit TERMINATE TENANCY to cure the noncompliance, that ninety days20
have passed, and the noncompliance has not been cured.21
SECTION 9. In Colorado Revised Statutes, 38-12-202, amend22
(1)(a) introductory portion, (1)(b), and (3) as follows:23
38-12-202. Tenancy - notice to terminate tenancy. (1) (a) No24
Tenancy or other lease or rental occupancy of space in a mobile home25
park shall MAY NOT commence without a written lease or rental26
agreement, and no tenancy in a mobile home park shall NOT be terminated27
1098
-23- until a notice to quit TERMINATE TENANCY or notice of nonpayment of1
rent has been served. A notice to quit shall TERMINATE TENANCY MUST be2
in writing and in the form specified in section 13-40-107 (2) INCLUDE A3
DESCRIPTION OF THE PROPERTY . The property description required in4
section 13-40-107 (2) is legally sufficient if it states:5
(b) Service of the notice to quit shall TERMINATE TENANCY MUST6
be as specified in section 13-40-108. C.R.S. Service by posting shall be7
IS deemed legally sufficient within the meaning of section 13-40-1088
C.R.S., if the notice is affixed to the main entrance of the mobile home.9
(3) In any notice provided by the management as required by this10
section, the management shall specify the reason for the termination, as11
described in section 38-12-203, of the tenancy that is the subject of the12
notice. If the management is terminating the tenancy because the mobile13
home or mobile home lot is out of compliance with local ordinances or14
state laws or rules relating to mobile homes and mobile home lots, as15
described in section 38-12-203 (1)(a), or out of compliance with written16
rules and regulations of the mobile home park, as described in section17
38-12-203 (1)(c), the notice must include a statement advising the home18
owner that the home owner has a right to cure the noncompliance within19
ninety days after the date of service or posting of the notice to quit20
TERMINATE TENANCY. This ninety-day period runs concurrently with the21
ninety-day period to sell the mobile home or remove it from the premises22
as set forth in subsection (1)(c)(I) of this section. Rent payment and other23
agreed tenant obligations remain in effect during this ninety-day period,24
and acceptance of rent by a landlord during this ninety-day period does25
not constitute a waiver of the landlord's right to terminate the tenancy for26
any noncompliance described in section 38-12-203 (1)(a) or (1)(c).27
1098
-24- SECTION 10. In Colorado Revised Statutes, 38-12-204.3,1
amend (1) introductory portion, (1)(a), and (2) as follows:2
38-12-204.3. Notice required for termination. (1) Where the3
tenancy of a mobile home owner is being terminated under section4
38-12-202 or section 38-12-204, the landlord or mobile home park owner5
shall provide such mobile home owner with written notice as provided for6
in subsection (2) of this section. Service of such notice shall MUST occur7
at the same time and in the same manner as service of:8
(a) The notice to quit TERMINATE TENANCY as provided in section9
38-12-202 (1); or10
(2) The notice required under this section must be in at least11
ten-point type and must read as follows:12
IMPORTANT NOTICE TO THE HOME OWNER:13
This notice and the accompanying notice to quit TERMINATE14
TENANCY/notice of nonpayment of rent are the first steps in the eviction15
process. Any dispute you may have regarding the grounds for eviction16
should be addressed with your landlord or the management of the mobile17
home park or in the courts if an eviction action is filed. Please be advised18
that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado19
Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and20
Enforcement Program" created in section 38-12-1104, Colorado Revised21
Statutes, may provide you with legal protection.22
NOTICE TO QUIT TERMINATE TENANCY: In order to terminate a23
home owner's tenancy, the landlord or management of a mobile home24
park must serve to a home owner a notice to quit TERMINATE TENANCY.25
The notice must be in writing and must contain certain information,26
including:27
1098
-25- ! The grounds for the termination of the tenancy;1
! Whether or not the home owner has a right to cure under2
the "Mobile Home Park Act"; and3
! That the home owner has the option of mediation pursuant4
to section 38-12-216, Colorado Revised Statutes, of the5
"Mobile Home Park Act" and the option of filing a6
complaint through the "Mobile Home Park Act Dispute7
Resolution and Enforcement Program" created in section8
38-12-1104, Colorado Revised Statutes.9
NOTICE OF NONPAYMENT OF RENT: In order to terminate10
a home owner's tenancy due to nonpayment of rent, the landlord or11
management of a mobile home park must serve to a home owner a notice12
of nonpayment of rent. The notice must be in writing and must require13
that the home owner either make payment of rent or sell the owner's unit14
or remove it from the premises within a period of not less than ten days15
after the date the notice is served or posted, for failure to pay rent when16
due.17
CURE PERIODS: If the home owner has a right to cure under the18
"Mobile Home Park Act", the landlord or management of a mobile home19
park cannot terminate a home owner's tenancy without first providing the20
home owner with a time period to cure the noncompliance. "Cure" refers21
to a home owner remedying, fixing, or otherwise correcting the situation22
or problem that made the tenancy subject to termination pursuant to23
sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.24
COMMENCEMENT OF LEGAL ACTION TO TERMINATE25
THE TENANCY: After the last day of the applicable notice period26
required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal27
1098
-26- action may be commenced to take possession of the space leased by the1
home owner. In order to evict a home owner, the landlord or management2
of the mobile home park must prove:3
! The landlord or management complied with the notice4
requirements of the "Mobile Home Park Act";5
! The landlord or management provided the home owner6
with a statement of reasons for termination of the tenancy;7
and8
! The reasons for termination of the tenancy are true and9
valid under the "Mobile Home Park Act".10
To defend against an eviction action, a home owner must appear11
in court. If the court rules in favor of the landlord or management of the12
mobile home park, the home owner has not less than thirty days from the13
time of the ruling to either remove or sell the mobile home and to vacate14
the premises. If the home owner wishes to extend such period beyond15
thirty days but not more than sixty days from the date of the ruling, the16
home owner shall prepay to the landlord an amount equal to a pro rata17
share of rent for each day following the expiration of the initial thirty-day18
period after the court's ruling that the mobile home owner will remain on19
the premises. All prepayments shall be paid no later than thirty days after20
the court ruling. This section does not preclude earlier removal by law21
enforcement officers of a mobile home or one or more mobile home22
owners or occupants from the mobile home park if a mobile home owner23
violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,24
Colorado Revised Statutes.25
SECTION 11. In Colorado Revised Statutes, 38-12-701, amend26
(2)(b) as follows:27
1098
-27- 38-12-701. Notice of rent increase. (2) (b) A landlord may1
SHALL not terminate a residential tenancy in which there is no written2
agreement by serving a tenant with a notice to quit pursuant to section3
13-40-107 TERMINATE TENANCY with the primary purpose of increasing4
a tenant's rent in a manner inconsistent with this section.5
SECTION 12. In Colorado Revised Statutes, 38-12-222, amend6
(3) as follows:7
38-12-222. Residents' right to privacy. (3) Except when posting8
notices that are required by law or by a rental agreement, the management9
shall make a reasonable effort to notify a resident of the management's10
intention to enter the mobile home space at least forty-eight11
SEVENTY-TWO hours before entry. The notification must include the date12
and approximate time of the planned entry and must be delivered in a13
manner that is reasonably likely to be seen or heard by the resident in a14
timely manner.15
SECTION 13. In Colorado Revised Statutes, 38-12-508, amend16
(4) as follows:17
38-12-508. Landlord's defenses to a claim of breach of18
warranty - limitations on claiming a breach. (4) Except as provided19
in section 38-12-509 (2), a tenant may not assert a breach of the warranty20
of habitability as a defense to a landlord's action for possession based21
upon a nonmonetary violation of the rental agreement or for an action for22
possession based upon a notice to quit TERMINATE TENANCY or vacate.23
SECTION 14. In Colorado Revised Statutes, 38-12-509, amend24
(1.5) as follows:25
38-12-509. Prohibition on retaliation. (1.5) A tenant may assert26
as a defense to a landlord's action for possession, including an action for27
1098
-28- possession based on a nonmonetary violation of the rental agreement or1
an action for possession based upon a notice to quit TERMINATE TENANCY2
or vacate, that the landlord retaliated against the tenant in violation of3
subsection (1) of this section.4
SECTION 15. In Colorado Revised Statutes, 38-33-112, amend5
(3) as follows:6
38-33-112. Notification to residential tenants. (3) Said THE7
notice
DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the8
notice to terminate the tenancy; as provided by section 13-40-107, C.R.S.;
9
except that no A residential tenancy shall NOT be terminated prior to the10
expiration date of the existing lease agreement, if any, unless consented11
to by both the tenant and the developer. If the term of the lease has less12
than ninety days remaining when notification is mailed or delivered, as13
the case may be, or if there is no written lease agreement, residential14
tenancy may SHALL not be terminated by the developer less than ninety15
days after the date the notice is mailed or delivered, as the case may be,16
to the tenant, unless consented to by both the tenant and the developer.17
The return receipt shall be IS prima facie evidence of receipt of notice. If18
the term of the lease has less than ninety days remaining when19
notification is mailed or delivered, as the case may be, the tenant may20
hold over for the remainder of said ninety-day period under the same21
terms and conditions of the lease agreement if the tenant makes timely22
rental payments and performs other conditions of the lease agreement.23
SECTION 16. Severability. If any provision of this act or the24
application of this act to any person or circumstance is held invalid, such25
invalidity does not affect other provisions or applications of the act that26
can be given effect without the invalid provision or application, and to27
1098
-29- this end the provisions of this act are declared to be severable.1
SECTION 17. Safety clause. The general assembly finds,2
determines, and declares that this act is necessary for the immediate3
preservation of the public peace, health, or safety or for appropriations for4
the support and maintenance of the departments of the state and state5
institutions.6
1098
-30-