Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0087.01 Richard Sweetman x4333
HOUSE BILL 24-1098
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing
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
SENATE
Amended 2nd Reading
March 25, 2024
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) "F
AMILY MEMBER" HAS THE MEANING SET FORTH IN SECTION
19
8-13.3-503
(11).
20
(5) "LANDLORD" MEANS A LANDLORD, AS DEFINED IN SECTION21
38-12-502
(5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE22
MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK , AS DEFINED IN23
SECTION 38-12-201.5 (3), UNLESS:24
(a) T
HE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS25
RENTING BOTH A MOBILE HOME SPACE , AS DEFINED IN SECTION26
38-12-201.5
(6.5), AND A MOBILE HOME , AS DEFINED IN SECTION27
1098
-3- 38-12-201.5 (5), TO A MOBILE HOME PARK RESIDENT , AS DEFINED IN1
SECTION 38-12-201.5 (11); AND2
(b) T
HE MOBILE HOME PARK RESIDENT IS NOT RESIDING IN THE3
MOBILE HOME PARK UNDER A LEASE -TO-OWN AGREEMENT.4 5
(6) "NO-FAULT EVICTION" MEANS AN ACTION BROUGHT BY A6
LANDLORD PURSUANT TO ARTICLE 40 OF TITLE 13 FOR THE EVICTION OF A7
TENANT UNDER CONDITIONS DESCRIBED IN SECTION 38-12-1303 (3).8
(7) "PRIMARY RESIDENCE" MEANS THE ADDRESS THAT IS LISTED ON9
A TENANT'S OR LANDLORD 'S COLORADO DRIVER 'S LICENSE,10
IDENTIFICATION CARD, OR VOTER REGISTRATION; USED FOR PURPOSES OF11
A TENANT'S OR LANDLORD'S PAYMENT OF STATE OR FEDERAL TAXES ; OR12
USED FOR THE PURPOSE OF PUBLIC SCHOOL REGISTRATION AT THE TIME13
THAT A VALID NO-FAULT EVICTION IS EXERCISED BY A LANDLORD14
PURSUANT TO SECTION 38-12-1303 (3).15
(8) "PROPER SERVICE" MEANS SERVICE THAT COMPLIES WITH16
SECTION 13-40-108.17
(9) "RENT" MEANS ANY MONEY OR OTHER CONSIDERATION PAID TO18
A LANDLORD FOR THE RIGHT TO USE, POSSESS, AND OCCUPY A DWELLING19
UNIT.20
(10) "RENTAL AGREEMENT" HAS THE MEANING SET FORTH IN21
SECTION 38-12-502 (7).22
(11) "RESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN23
SECTION 38-12-502 (8).24
(12) "SHORT-TERM RENTAL PROPERTY " MEANS A RESIDENTIAL25
PREMISES THAT IS LEASED:26
(a) F
OR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR27
1098
-4- REMUNERATION AND FOR TEMPORARY , RECREATIONAL, BUSINESS, OR1
TRANSIENT PURPOSES; OR2
(b) PURSUANT TO A RENTAL AGREEMENT OR OTHER OCCUPANCY3
AGREEMENT IF THE TENANT OF THE RENTAL AGREEMENT OR OTHER4
OCCUPANCY AGREEMENT IS RENTING THE RESIDENTIAL PREMISES FOR LESS5
THAN SIX MONTHS FROM A LANDLORD TO WHICH THE TENANT SOLD THE6
RESIDENTIAL PREMISES.7
(13) "SUBSTANTIAL REPAIRS OR RENOVATIONS" MEANS REPAIRS OR8
RENOVATIONS THAT:9
(a) C
ANNOT BE REAS ONABLY ACCOMPLISHED IN A SAFE OR
10
EFFICIENT MANNER WITH THE TENANT IN PLACE ;11
(b) A
RE NOT WORK THAT IS NECESSARY TO REMEDY A BREACH OF
12
THE WARRANTY OF HABITABILITY DESCRIBED IN SECTION 38-12-503; AND13
(c) R
EQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES
14
FOR AT LEAST THIRTY DAYS.15
(14) "TENANT" HAS THE MEANING SET FORTH IN SECTION16
38-12-502
(9). "TENANT" DOES NOT INCLUDE A HOME OWNER, AS DEFINED17
IN SECTION 38-12-201.5 (2).18 19
(15) "WRITTEN NOTICE" MEANS WRITTEN NOTICE TO VACATE20
THAT:21
(a) C
OMPLIES WITH SECTION 13-40-106; AND22
(b) I
S PROVIDED TO A TENANT BY A LANDLORD OR BY A23
LANDLORD'S AGENT.24
38-12-1302. Applicability. (1) T
HIS PART 13 APPLIES TO EVERY25
RESIDENTIAL PREMISES IN THE STATE; EXCEPT THAT THIS PART 13 DOES26
NOT APPLY TO:27
1098
-5- (a) A SHORT-TERM RENTAL PROPERTY; 1
(b) A
DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL2 PREMISES IF THE OWNER OR MASTER TENANT LIVES IN AND MAINTAINS THE3
RESIDENTIAL PREMISES AS THE OWNER'S OR MASTER TENANT'S PRIMARY4
RESIDENCE OR IF THE OWNER OF THE RESIDENTIAL PREMISES LIVES IN A5
PROPERTY THAT IS ADJACENT TO THE RESIDENTIAL PREMISES AND THAT6
THE OWNER MAINTAINS AS THE OWNER'S PRIMARY RESIDENCE AND THE7
RESIDENTIAL PREMISES OR THE OWNER 'S ADJACENT PROPERTY:8
(I) I
S:9
(A) A
SINGLE-FAMILY HOME WITH OR WITHOUT AN ACCESSORY10
DWELLING UNIT THAT IS LOCATED ON THE SAME LOT AND ATTACHED ,11
SEMI-ATTACHED, OR UNATTACHED TO THE SINGLE-FAMILY HOME;12
(B) A
DUPLEX; OR13
(C) A
TRIPLEX; AND14
(II) IS NOT A MULTIFAMILY PROPERTY OF FOUR OR MORE DWELLING15
UNITS;16
(c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.517
(6.5),
THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION18
38-12-201.5
(2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME19
SPACE PURSUANT TO A LEASE-TO-OWN AGREEMENT, PURCHASE OPTION, OR20
SIMILAR AGREEMENT;21
(d) A RESIDENTIAL PREMISES THAT IS LEASED TO A TENANT22
PURSUANT TO AN EMPLOYER-PROVIDED HOUSING AGREEMENT , AS DEFINED23
IN SECTION 13-40-104 (5)(a);24
(e) A RESIDENTIAL TENANT WHO HAS NOT BEEN A TENANT OF A25
RESIDENTIAL PREMISES FOR AT LEAST TWELVE MONTHS; OR26
(f) A RESIDENTIAL TENANT WHO IS NOT KNOWN TO THE LANDLORD27
1098
-6- TO BE A TENANT OF THE RESIDENTIAL PREMISES .1
38-12-1303. Cause for eviction required - no-fault evictions.2
(1) A
LANDLORD SHALL NOT SERVE A NOTICE TO TERMINATE TENANCY OR3
A DEMAND FOR POSSESSION OR OTHERWISE PROCEED WITH AN ACTION FOR4
UNLAWFUL DETAINER PURSUANT TO ARTICLE 40 OF TITLE 13 UNLESS5
THERE IS CAUSE FOR THE EVICTION.6
(2) F
OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, CAUSE7
EXISTS ONLY AS DESCRIBED IN THE FOLLOWING SECTIONS :8
(a) S
ECTION 13-40-104 (1)(a) FOR WHEN ENTRY IS MADE WITHOUT9
RIGHT OR TITLE INTO ANY VACANT OR UNOCCUPIED L ANDS OR TENEMENTS ;10
(b) S
ECTION 13-40-104 (1)(b) FOR WHEN ENTRY IS MADE11
WRONGFULLY INTO CERTAIN PUBLIC LANDS , TENEMENTS, MINING CLAIMS,12
OR OTHER POSSESSIONS;13
(c) S
ECTION 13-40-104 (1)(c) FOR WHEN A LESSEE OR TENANT AT14
WILL, OR AT SUFFERANCE, OF ANY NONRESIDENTIAL REAL PROPERTY OR15
RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-1302
(1)(a), (1)(b),16
(1)(d), (1)(e), OR (1)(f) HOLDS OVER AND CONTINUES IN POSSESSION OF17
THE PROPERTY OR PREMISES , OR ANY PORTION OF THE PROPERTY OR18
PREMISES, AFTER THE EXPIRATION OF THE TERM FOR WHICH THE PROPERTY19
OR PREMISES WAS LEASED OR AFTER THE TENANCY , AT WILL OR AT20
SUFFERANCE, HAS BEEN TERMINATED BY EITHER PARTY ;21
(d) S
ECTION 13-40-104 (1)(d) FOR NONPAYMENT OF RENT ;22
(e) S
ECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION,23
AS DESCRIBED IN SECTION 13-40-107.5;24
(f) S
ECTION 13-40-104 (1)(e) FOR A MATERIAL VIOLATION OF THE25
LEASE OR RENTAL AGREEMENT ;26
(g) S
ECTION 13-40-104 (1)(e.5) FOR A REPEAT VIOLATION AFTER27
1098
-7- RECEIPT OF PROPER NOTICE OF A VIOLATION;1
(h) S
ECTION 13-40-104 (1)(e.8) AND SUBSECTION (3) OF THIS2
SECTION CONCERNING NO-FAULT EVICTIONS;3
(i) S
ECTION 13-40-104 (1)(f) FOR POSSESSION AFTER A LEGAL
4
SALE;5
(j) SECTION 13-40-104 (1)(g) FOR WHEN PROPERTY HAS BEEN SOLD6
UNDER A JUDGMENT OR DECREE AND THE PARTY OR PRIVIES TO THE7
JUDGMENT OR DECREE REFUSE OR NEGLECT TO SURRENDER POSSESSION8
AFTER THE EXPIRATION OF THE TIME OF REDEMPTION , WHEN REDEMPTION9
IS ALLOWED BY LAW, AFTER THE PURCHASER DEMANDS THE PROPERTY ;10
(k) SECTION 13-40-104 (1)(h) FOR WHEN AN HEIR OR DEVISEE11
CONTINUES IN POSSESSION OF A PREMISES SOLD AND CONVEYED BY A12
PERSONAL REPRESENTATIVE ; 13
(l) SECTION 13-40-104 (1)(i) FOR A VENDEE THAT HOLDS OVER14
AFTER FAILING TO COMPLY WITH AN AGREEMENT TO PURCHASE LANDS OR15
TENEMENTS; AND16
(m) SECTION 13-40-104 (1)(j) FOR WHEN A TENANT HAS ENGAGED17
IN CONDUCT THAT CREATES A NUISANCE OR DISTURBANCE THAT18
INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER19
TENANTS AT THE PROPERTY OR WHERE THE TENANT IS NEGLIGENTLY20
DAMAGING THE PROPERTY .21
(3) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (5) OF THIS22
SECTION, THE FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A23
NO-FAULT EVICTION OF A TENANT:24
(a) Demolition or conversion of residential premises. W
HEN A25
LANDLORD PLANS TO DEMOLISH A RESIDENTIAL PREMISES , CONVERT IT TO26
A NONRESIDENTIAL USE, OR CONVERT IT TO A SHORT -TERM RENTAL27
1098
-8- PROPERTY, THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A1
TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE2
RENTAL AGREEMENT SO LONG AS THE LANDLORD :3
(I) A
LLOWS THE TENANT AT LEAST NINETY DAYS
AFTER RECEIVING4
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(a)(II) OF THIS5
SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE6
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES7
UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL AGREEMENT;8
AND9
(II) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE10
OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE 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 OR APPLICATION FOR19
A PERMIT OR LICENSE TO OPERATE A SHORT -TERM RENTAL PROPERTY ,20
WHERE APPLICABLE.21
(b) Substantial repairs or renovations. (I) E
XCEPT AS22
DESCRIBED IN SUBSECTION (3)(b)(II) OF THIS SECTION, WHEN A LANDLORD23
PLANS TO MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A24
RESIDENTIAL PREMISES, THE LANDLORD MAY INITIATE A NO -FAULT25
EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE26
TERM OF THE RENTAL AGREEMENT SO LONG AS THE LANDLORD :27
1098
-9- (A) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER1
RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(b)(I)(B)2
OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH3
TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL4
PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL5
AGREEMENT;6
(B) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE7
OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES THE DATE8
BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES , WHICH9
DATE MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE10
LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT ;11
(C) P
ROVIDES THE TENANT AN EXPECTED COMPLETION DATE AND
12
A GENERAL DESCRIPTION OF THE SUBSTANTIAL REPAIRS OR RENOVATIONS13
TO THE RESIDENTIAL PREMISES;14
(D) P
ROCEEDS WITHOUT UNREASONABLE DELAY TO EFFECT THE15
SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD 'S16
RECOVERY OF POSSESSION OF THE RESIDENTIAL PREMISES ; AND17
18
(E) F
OR ANY REPAIRS OR RENOVATIONS EXPECTED TO LAST LESS
19
THAN ONE HUNDRED EIGHTY DAYS , PROVIDES THE TENANT A WRITTEN20
NOTICE SENT IN A MANNER THAT THE LANDLORD TYPICALLY USES TO21
COMMUNICATE WITH THE TENANT , WHICH NOTICE INCLUDES THE22
EXPECTED COMPLETION DATE FOR THE REPAIRS OR RENOVATIONS . IF,23
WITHIN TEN DAYS AFTER RECEIVING THE NOTICE , THE TENANT NOTIFIES24
THE LANDLORD THAT THE TENANT WANTS TO RETURN TO THE RESIDENTIAL25
PREMISES, THE LANDLORD SHALL OFFER THE TENANT THE FIRST RIGHT OF26
REFUSAL TO SIGN A NEW RENTAL AGREEMENT WITH REASONABLE TERMS .27
1098
-10- IF THE TENANT ACCEPTS THE NEW RENTAL AGREEMENT , THE TENANT HAS1
THIRTY DAYS TO OCCUPY THE RESIDENTIAL PREMISES UNLESS THE PARTIES2
MUTUALLY AGREE ON AN EXTENDED TIMELINE IN WRITING .3
(II) A
LANDLORD SHALL NOT INITIATE A NO-FAULT EVICTION OF A4
TENANT AS DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION IF THE5
SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED BASIS OF6
THE NO-FAULT EVICTION ARE:7
(A) R
EQUIRED IN ORDER FOR THE LANDLORD TO SATISFY ALL
8
REQUIRED REMEDIAL ACTION DESCRIBED IN SECTION 38-12-5039
CONCERNING A BREACH OF THE WARRANTY OF HABITABILITY ; OR10
(B) I
NITIATED BY THE LANDLORD IN RETALIATION AGAINST THE11
TENANT, AS DESCRIBED IN SECTION 38-12-509 (1).12
(c) Landlord or family member of landlord assumes13
occupancy.
(I) WHEN A LANDLORD PLANS TO RECOVER POSSESSION OF14
A RESIDENTIAL PREMISES FOR THE LANDLORD 'S OWN USE AND OCCUPANCY15
AS A RESIDENCE, OR FOR THE USE AND OCCUPANCY AS A RESIDENCE16
BY THE LANDLORD'S FAMILY MEMBER, THE LANDLORD MAY INITIATE A17
NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE18
END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS :19
(A) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(III) OF THIS20
SECTION, THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER MOVES21
INTO THE RESIDENTIAL PREMISES WITHIN THREE MONTHS AFTER THE22
TENANT VACATES THE RESIDENTIAL PREMISES ;23
(B) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS24
SECTION, THE LANDLORD PROVIDES THE TENANT PROPER SERVICE OF A25
WRITTEN NOTICE OF THE NO -FAULT EVICTION AT LEAST NINETY DAYS26
BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL27
1098
-11- PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION1
OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT 'S2
EXISTING RENTAL AGREEMENT ; 3
(C) NO SUBSTANTIALLY EQUIVALENT UNIT IS VACANT AND4
AVAILABLE TO HOUSE THE LANDLORD OR THE LANDLORD 'S FAMILY5
MEMBER IN THE SAME BUILDING; AND6
(D)
THE LANDLORD DOES NOT LIST THE RESIDENTIAL PREMISES FOR
7
A LONG-TERM OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER8
THE DATE THE TENANT IS REQUIRED TO VACATE .9
(II) IF THE LANDLORD IS AN INDIVIDUAL ON ACTIVE MILITARY10
DUTY FOR THE UNITED STATES MILITARY FORCES OR A SPOUSE OF SUCH AN11
INDIVIDUAL, THE LANDLORD MUST PROVIDE THE TENANT PROPER SERVICE12
OF A WRITTEN NOTICE OF THE NO-FAULT EVICTION AT LEAST FORTY-FIVE13
DAYS BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE14
RESIDENTIAL PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN15
POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF16
THE TENANT'S EXISTING RENTAL AGREEMENT .17
(III) IF THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER IS A18
PERSON WITH A DISABILITY, THE LANDLORD MAY EXTEND FOR A19
REASONABLE TIME THE PERIOD OF TIME DESCRIBED SUBSECTION20
(3)(c)(I)(A) OF THIS SECTION TO ALLOW FOR CHANGES TO BE MADE TO THE21
RESIDENTIAL PREMISES TO ACCOMMODATE THE FAMILY MEMBER WITH THE22
DISABILITY.23
24
(d) Withdrawal from rental market for the purpose of selling25
the residential premises. (I) W
HEN A LANDLORD PLANS TO SELL A26
RESIDENTIAL PREMISES THAT IS A SINGLE-FAMILY HOME, A TOWNHOME, A
27
1098
-12- DUPLEX, TRIPLEX, OR AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD1
MAY INITIATE A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL2
PREMISES AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO LONG3
AS THE LANDLORD:4
(A) A
LLOWS THE TENANT AT LEAST
NINETY DAYS AFTER5
RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(d)(I)(B)6
OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH7
TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL8
PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL9
AGREEMENT;10
(B) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE11
OF THE LANDLORD'S INTENT TO WITHDRAW THE RESIDENTIAL PREMISES12
FROM THE RENTAL MARKET AND SELL THE RESIDENTIAL PREMISES , WHICH13
NOTICE INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO14
VACATE; AND15
(C) D
OES NOT LIST THE RESIDENTIAL PREMISES FOR A LONG-TERM16
OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER THE DATE ON17
WHICH THE TENANT IS REQUIRED TO
VACATE; EXCEPT THAT THIS18
SUBSECTION (3)(d)(I)(C) DOES NOT APPLY IF THE LANDLORD PRODUCES19
EVIDENCE THAT THE RESIDENTIAL PREMISES WAS LISTED FOR SALE ON A20
MULTIPLE-LISTING SERVICE AFTER THE TENANT WAS REQUIRED TO21
VACATE.22
(II) N
OTHING IN THIS SUBSECTION
(3)(d) MAY BE CONSTRUED TO23
ALLOW A LANDLORD TO INITIATE A NO -FAULT EVICTION OR OTHERWISE24
TERMINATE A RENTAL AGREEMENT WITHOUT CAUSE BEFORE THE END OF25
THE TERM OF THE RENTAL AGREEMENT .26
(e) Tenant refuses to sign new lease with reasonable terms. I F27
1098
-13- A TENANT REFUSES TO SIGN A NEW RENTAL AGREEMENT WITH1
REASONABLE TERMS, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION2
OF THE TENANT SO LONG AS THE LANDLORD :3
(I) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING4
THE NOTICE DESCRIBED IN SUBSECTION (3)(e)(II) OF THIS SECTION TO5
VACATE THE RESIDENTIAL PREMISES AFTER THE TENANT HAS REFUSED TO6
SIGN THE NEW RENTAL AGREEMENT, DURING WHICH TIME THE TENANT7
MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE8
SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT ; AND9
(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE10
OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE11
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO12
VACATE.13
(f) History of nonpayment of rent. (I) IF A TENANT SUBMITS A14
RENT PAYMENT LATE MORE THAN TWO TIMES DURING THE PERIOD OF THE15
RENTAL AGREEMENT, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION16
OF THE TENANT AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO17
LONG AS THE LANDLORD:18
(A) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER19
RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (3)(f)(I)(B) OF THIS20
SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE21
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES22
UNDER THE SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT;23
AND24
(B) 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
(II) FOR PURPOSES OF THIS SUBSECTION (3)(f), A RENT PAYMENT2
QUALIFIES AS LATE IF IT IS SUBMITTED MORE THAN TEN CALENDAR DAYS3
AFTER THE DAY IT IS DUE ACCORDING TO THE RENTAL AGREEMENT AND4
THE LANDLORD PROVIDES THE TENANT WITH PROPER SERVICE OF A5
WRITTEN NOTICE UNDER SECTION 13-40-104 (1)(d).6
(III) THIS SUBSECTION (3)(f) DOES NOT APPLY IF THE RENT7
PAYMENT IS SUBMITTED WITHIN THE CURE PERIOD DESCRIBED IN SECTION8
13-40-104 (1)(d).9
(4) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPACT10
THE INTERPRETATION OF THE MEANING OF THE TERM "GOOD CAUSE" AS11
THE TERM IS USED IN FEDERAL LAW OR FEDERAL REGULATIONS .12
(5) (a) A
LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF13
A TENANT BY FILING AN ACTION UNDER ARTICLE 40 OF TITLE 13 ONLY IF14
THE LANDLORD PROVIDES PROPER SERVICE OF A WRITTEN NOTICE OF THE15
NO-FAULT EVICTION AND THE TE NANT FAILS TO VACATE ON OR BEFORE16
THE DEADLINE STATED IN THE NOTICE.17
(b) A
WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3)18
OF THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL AND19
FACTUAL BASIS FOR THE LANDLORD'S NO-FAULT EVICTION OF THE TENANT,20
WHICH LEGAL BASIS MUST BE SET FORTH IN SUBSECTION (3) OF THIS21
SECTION.22
23
38-12-1304. Violations - remedies. I F A LANDLORD PROCEEDS24
WITH AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION25
OF THIS PART 13, AND THE TENANT LOSES POSSESSION OF THE DWELLING26
UNIT WITHOUT A COURT ORDER , THE TENANT MAY SEEK RELIEF AS27
1098
-15- DESCRIBED IN SECTION 38-12-510. 1
38-12-1305. No waiver of requirements by agreement. A2
PROVISION OF A RENTAL AGREEMENT OR OTHER AGREEMENT THAT3
PURPORTS TO AUTHORIZE OR EFFECTUATE A WAIVER OR MODIFICATION OF4
ANY PROVISION OF THIS PART 13 IS VOID AND UNENFORCEABLE.5
38-12-1306. Affirmative defense. I F A LANDLORD FAILS TO6
COMPLY WITH THIS PART 13, A TENANT MAY ASSERT THE LANDLORD 'S7
FAILURE AS AN AFFIRMATIVE DEFENSE FOR A TENANT TO AN EVICTION8
PROCEEDING. IF A TENANT ASSERTS SUCH AN AFFIRMATIVE DEFENSE , AND9
THE LANDLORD CANNOT DEMONSTRATE BY A PREPONDERANCE OF THE10
EVIDENCE THAT THE LANDLORD HAS COMPLIED WITH THIS PART 13, THE11
COURT SHALL DISMISS THE EVICTION PROCEEDING .12
38-12-1307. Retaliatory rent increase prohibited. A LANDLORD13
SHALL NOT INCREASE A TENANT 'S RENT IN A DISCRIMINATORY ,14
RETALIATORY, OR UNCONSCIONABLE MANNER TO CIRCUMVENT THE15
REQUIREMENTS AND PROHIBITIONS SET FORTH IN THIS PART 13.16
SECTION 3. In Colorado Revised Statutes, 13-40-104, amend17
(1) introductory portion, (1)(c), (1)(e), and (1)(e.5)(II); and add (1)(e.8)18
and (1)(j) as follows:19
13-40-104. Unlawful detention defined - definitions. (1) Any20
A person is guilty of HAS COMMITTED an unlawful detention of real21
property in the following cases:22
(c) When any lessee or tenant at will, or by AT sufferance, or for23
any part of a year, or for one or more years PERIOD OF TIME, of any24
NONRESIDENTIAL real property OR RESIDENTIAL PREMISES DESCRIBED IN25
SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), including a26
specific or undivided portion of a building, or dwelling, holds over and27
1098
-16- continues in possession of the demised premises NONRESIDENTIAL REAL1
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-13022
(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), or any portion thereof, after the3
expiration of the term for which the same were NONRESIDENTIAL REAL4
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-13025
(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f) WAS leased or after such THE6
tenancy at will or sufferance, has been terminated by either party;7
(e) When such A tenant or lessee holds over without such8
permission, contrary to any other MATERIAL condition or covenant of the9
agreement under which such THE tenant or lessee holds, and ten days'10
notice in writing has been duly served upon such THE tenant or lessee11
requiring in the alternative the EITHER compliance with such THE12
condition or covenant or the delivery of the possession of the premises;13
so held; except that, for a nonresidential agreement or an14
employer-provided housing agreement, three days' notice is required,15
pursuant to this section, and for an exempt residential agreement, five16
days' notice is required; pursuant to this section.17
(e.5) (II) A tenancy pursuant to a residential agreement may be18
terminated at any time pursuant to this subsection (1)(e.5) on the basis of19
a subsequent violation of the same condition or covenant of the20
agreement. The termination of a residential tenancy is effective ten days21
after service of written notice to quit TERMINATE TENANCY .22
Notwithstanding any other provision of this subsection (1)(e.5)(II), a23
tenancy pursuant to a nonresidential agreement, an exempt residential24
agreement, or an employer-provided housing agreement may be25
terminated at any time pursuant to this subsection (1)(e.5) on the basis of26
a subsequent violation. The termination of a nonresidential tenancy or an27
1098
-17- employer-provided housing tenancy is effective three days after service1
of written notice to quit TERMINATE TENANCY, and the termination of a2
tenancy pursuant to an exempt residential agreement is effective five days3
after service of written notice to quit TERMINATE TENANCY.4
(e.8) W
HEN A TENANT HOLDS OVER AND MAINTAINS POSSESSION5
OF A RESIDENTIAL PREMISES AFTER THE LANDLORD HAS PROPERLY6 INITIATED A NO-FAULT EVICTION BY SATISFYING THE NOTICE7
REQUIREMENTS AND OTHER REQUIREMENTS ASSOCIATED WITH THE8
NO-FAULT EVICTION, AS DESCRIBED IN SECTION 38-12-1303 (3);9
(j) (I) WHEN A TENANT OR LESSEE HOLDS OVER WITHOUT10
PERMISSION OF THE LANDLORD AFTER THE TENANT OR LESSEE HAS11
ENGAGED IN CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A12
NUISANCE, WHICH CONDUCT INTERFERES WITH THE QUIET ENJOYMENT OF13
THE LANDLORD, IF THE LANDLORD LIVES IN THE SAME OR AN IMMEDIATELY14
ADJACENT PROPERTY, OR OF OTHERS WHO RESIDE IN AN IMMEDIATELY15
ADJACENT PROPERTY, OR OF OTHER TENANTS OR OCCUPANTS OF THE SAME16
PROPERTY, OR THE TENANT OR LESSEE BY REASON OF NEGLIGENCE17
DAMAGED THE HOUSING ACCOMMODATION, AND TEN DAYS' NOTICE IN18
WRITING HAS BEEN DULY SERVED UPON THE TENANT OR LESSEE , WHICH19
NOTICE CONTAINS A DESCRIPTION OF THE SPECIFIC CONDUCT THAT20
DISTURBED OTHERS OR CAUSED A NUISANCE , REQUIRING IN THE21
ALTERNATIVE CESSATION OF THE CONDUCT THAT IS DISTURBING OTHERS22
OR CAUSING A NUISANCE THAT INTERFERES WITH THE QUIET ENJOYMENT23
OF THE LANDLORD, IF THE LANDLORD LIVES IN THE SAME OR IMMEDIATELY24
ADJACENT PROPERTY, OR OTHER TENANTS OR OCCUPANTS OF THE SAME25
PROPERTY, OR MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGED26
THE HOUSING ACCOMMODATI ON OR POSSESSION OF THE PREMISES SO27
1098
-18- HELD; EXCEPT THAT, FOR A NONRESIDENTIAL AGREEMENT OR AN1
EMPLOYER-PROVIDED HOUSING AGREEMENT , THREE DAYS' NOTICE IS2
REQUIRED PURSUANT TO THIS SUBSECTION (1)(j), AND FOR AN EXEMPT3
RESIDENTIAL AGREEMENT, FIVE DAYS' NOTICE IS REQUIRED PURSUANT TO4
THIS SECTION.5
(II) THE LAWFUL EXERCISE BY A TENANT OF ANY RIGHTS6
PURSUANT TO ANY LAW OR RULE RELATING TO OCCUPANCY OF A7
PROPERTY, INCLUDING THIS SUBSECTION (1)(j), SHALL NOT BE DEEMED TO8
INTERFERE WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER9
TENANTS OR OTHER GROUND FOR EVICTION PURSUANT TO THIS10
SUBSECTION (1)(j).11
(III) IT SHALL NOT CONSTITUTE A NUISANCE OR DISTURBANCE FOR12
PURPOSES OF THIS SUBSECTION (1)(j) IF A VICTIM OF DOMESTIC VIOLENCE13
IS BEING ACCUSED OF CAUSING A DISTURBANCE OR NUISANCE AS A DIRECT14
RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE . THIS EXCEPTION15
APPLIES ONLY TO VICTIMS OF DOMESTIC VIOLENCE AND NOT TO16
PERPETRATORS.17
SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as18
follows:19
13-40-106. Written demand. (1) The demand OR NOTICE20
required by section 13-40-104
OR 38-12-1303 shall be made in writing,21
specifying the grounds of the demandant's right to the possession of such
22
THE premises, INCLUDING A SPECIFIC DESCRIPTION OF THE ALLEGED23
VIOLATION OR NO-FAULT EVICTION GROUNDS , describing the same24
PREMISES, and INDICATING the DATE AND time when the same PREMISES25
shall be delivered up, and shall be signed by the person claiming such26
possession, his THE PERSON'S agent, or his THE PERSON'S attorney.27
1098
-19- (2) The demand OR NOTICE REQUIRED BY SECTION 13-40-104 OR1
38-12-1303 must also include a statement that a residential tenant who2
receives supplemental security income, social security disability insurance3
under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et4
seq., as amended, or cash assistance through the Colorado works program5
created in part 7 of article 2 of title 26 has a right to mediation prior to the6
landlord filing an eviction complaint with the court pursuant to section7
13-40-110.8
(3) T
HE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-104 OR9
38-12-1303
MUST BE WRITTEN IN ENGLISH, SPANISH,
OR ANY OTHER10
LANGUAGE THAT THE LANDLORD KNOWS , OR HAS REASON TO KNOW, IS11
THE PRIMARY LANGUAGE OF THE TENANT .12
SECTION 5. In Colorado Revised Statutes, amend 13-40-107 as13
follows:14
13-40-107. Notice to terminate tenancy. (1) A tenancy may be15
terminated by notice in writing, served not less than the respective period16
fixed before the end of the applicable tenancy, as follows: A LANDLORD17
OF NONRESIDENTIAL REAL PROPERTY OR A RESIDENTIAL PREMISES18
DESCRIBED IN SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f)19
OR A TENANT OF ANY PROPERTY OR PREMISES MAY TERMINATE A20
PERIODIC TENANCY AT THE END OF THE TENANCY PERIOD OR ELECT TO NOT21
RENEW A FIXED TERM TENANCY AT THE END OF THE FIXED TERM BY22
SERVING WRITTEN NOTICE THAT EXPIRES AT THE END OF THE PERIOD OR23
FIXED TERM, BASED ON THE LENGTH OF THE APPLICABLE TENANCY24
DESCRIBED IN SUBSECTION (2) OF THIS SECTION.25
(2) T
HE WRITTEN NOTICE DESCRIBED IN SUBSECTION (1) OF THIS26
SECTION MUST BE SERVED BEFORE THE END OF THE PERIOD OR FIXED TERM ,27
1098
-20- AS FOLLOWS:1
(a) A tenancy for one year or longer,
AT LEAST ninety-one days;2
(b) A tenancy of six months or longer but less than a year,
AT3
LEAST twenty-eight days;4
(c) A tenancy of one month or longer but less than six months,
AT5
LEAST twenty-one days;6
(d) A tenancy of one week or longer but less than one month, or7
a tenancy at will,
AT LEAST three days;8
(e) A tenancy for less than one week,
AT LEAST one day.9
(2)
(3) Such THE WRITTEN notice shall DESCRIBED IN SUBSECTION10
(1)
OF THIS SECTION MUST:11
(a) Describe the property and the particular time
DATE when the12
tenancy will terminate; and13
(b) shall Be signed by the landlord or tenant, the party giving such14
notice, or his THE LANDLORD'S OR TENANT'S agent or attorney.15
(3) Any person in possession of real property with the assent of16
the owner is presumed to be a tenant at will until the contrary is shown.17
(4) No
WRITTEN notice to quit shall be
UNDER SUBSECTION (1) OF18
THIS SECTION IS necessary from or to a tenant whose term WITH A19
FIXED-TERM TENANCY THAT is, by agreement, to end at a time certain.20
(5) Except as otherwise provided in section 38-33-112, C.R.S., the21
provisions of subsections (1) and (4) of this section shall not apply to the22
termination of a residential tenancy during the ninety-day period provided23
for in said section.24
SECTION 6. In Colorado Revised Statutes, 13-40-107.5, amend25
(4)(a) and (4)(b) as follows:26
13-40-107.5. Termination of tenancy for substantial violation27
1098
-21- - definition - legislative declaration. (4) (a) A tenancy may be1
terminated at any time on the basis of a substantial violation. The2
termination shall be IS effective three days after service of written notice3
to quit TERMINATE TENANCY.4
(b) The notice to quit shall TERMINATE TENANCY MUST describe5
the property, the particular time DATE when the tenancy will terminate,6
and the grounds for termination. The notice shall MUST be signed by the7
landlord or by the landlord's agent or attorney.8
SECTION 7. In Colorado Revised Statutes, amend 13-40-108 as9
follows:10
13-40-108. Service of notice to vacate or demand. A
WRITTEN11
notice to quit
VACATE or demand for possession of real property AS12
REQUIRED BY SECTION 13-40-104, 38-12-202, 38-12-204, OR 38-12-130313
may be served by delivering a copy thereof OF THE NOTICE to the A14
KNOWN tenant or other person occupying such THE premises, or by15
leaving such copy with some person, a member of the tenant's family16
above the age of fifteen years, residing on or in charge of the premises,17
or, in case no one is on the premises at the time service is attempted18
AFTER ATTEMPTS AT PERSONAL SERVICE AT LEAST ONCE ON TWO19
SEPARATE DAYS, by posting such THE copy in some conspicuous place on20
the premises.21
SECTION 8. In Colorado Revised Statutes, 13-40-110, amend22
(2) as follows:23
13-40-110. Action - how commenced - report. (2) In an action24
for termination of a tenancy in a mobile home park, the complaint, in25
addition to the requirements of subsection (1) of this section, must specify26
the reasons for termination as the reasons are stated in section 38-12-203.27
1098
-22- The complaint must specify the approximate time, place, and manner in1
which the tenant allegedly committed the acts giving rise to the2
complaint. If the action is based on the mobile home or mobile home lot3
being out of compliance with the rules and regulations adopted pursuant4
to section 38-12-214, the complaint must specify that the home owner5
was given ninety days after the date of service or posting of the notice to6
quit TERMINATE TENANCY to cure the noncompliance, that ninety days7
have passed, and the noncompliance has not been cured.8
SECTION 9. In Colorado Revised Statutes, 38-12-202, amend9
(1)(a) introductory portion, (1)(b), and (3) as follows:10
38-12-202. Tenancy - notice to terminate tenancy. (1) (a) No11
Tenancy or other lease or rental occupancy of space in a mobile home12
park shall MAY NOT commence without a written lease or rental13
agreement, and no tenancy in a mobile home park shall NOT be terminated14
until a notice to quit TERMINATE TENANCY or notice of nonpayment of15
rent has been served. A notice to quit shall TERMINATE TENANCY MUST be16
in writing and in the form specified in section 13-40-107 (2) INCLUDE A17
DESCRIPTION OF THE PROPERTY . The property description required in18
section 13-40-107 (2) is legally sufficient if it states:19
(b) Service of the notice to quit shall TERMINATE TENANCY MUST20
be as specified in section 13-40-108. C.R.S. Service by posting shall be21
IS deemed legally sufficient within the meaning of section 13-40-10822
C.R.S., if the notice is affixed to the main entrance of the mobile home.23
(3) In any notice provided by the management as required by this24
section, the management shall specify the reason for the termination, as25
described in section 38-12-203, of the tenancy that is the subject of the26
notice. If the management is terminating the tenancy because the mobile27
1098
-23- home or mobile home lot is out of compliance with local ordinances or1
state laws or rules relating to mobile homes and mobile home lots, as2
described in section 38-12-203 (1)(a), or out of compliance with written3
rules and regulations of the mobile home park, as described in section4
38-12-203 (1)(c), the notice must include a statement advising the home5
owner that the home owner has a right to cure the noncompliance within6
ninety days after the date of service or posting of the notice to quit7
TERMINATE TENANCY. This ninety-day period runs concurrently with the8
ninety-day period to sell the mobile home or remove it from the premises9
as set forth in subsection (1)(c)(I) of this section. Rent payment and other10
agreed tenant obligations remain in effect during this ninety-day period,11
and acceptance of rent by a landlord during this ninety-day period does12
not constitute a waiver of the landlord's right to terminate the tenancy for13
any noncompliance described in section 38-12-203 (1)(a) or (1)(c).14
SECTION 10. In Colorado Revised Statutes, 38-12-204.3,15
amend (1) introductory portion, (1)(a), and (2) as follows:16
38-12-204.3. Notice required for termination. (1) Where the17
tenancy of a mobile home owner is being terminated under section18
38-12-202 or section 38-12-204, the landlord or mobile home park owner19
shall provide such mobile home owner with written notice as provided for20
in subsection (2) of this section. Service of such notice shall MUST occur21
at the same time and in the same manner as service of:22
(a) The notice to quit TERMINATE TENANCY as provided in section23
38-12-202 (1); or24
(2) The notice required under this section must be in at least25
ten-point type and must read as follows:26
IMPORTANT NOTICE TO THE HOME OWNER:27
1098
-24- This notice and the accompanying notice to quit TERMINATE1
TENANCY/notice of nonpayment of rent are the first steps in the eviction2
process. Any dispute you may have regarding the grounds for eviction3
should be addressed with your landlord or the management of the mobile4
home park or in the courts if an eviction action is filed. Please be advised5
that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado6
Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and7
Enforcement Program" created in section 38-12-1104, Colorado Revised8
Statutes, may provide you with legal protection.9
NOTICE TO QUIT TERMINATE TENANCY: In order to terminate a10
home owner's tenancy, the landlord or management of a mobile home11
park must serve to a home owner a notice to quit TERMINATE TENANCY.12
The notice must be in writing and must contain certain information,13
including:14
! The grounds for the termination of the tenancy;15
! Whether or not the home owner has a right to cure under16
the "Mobile Home Park Act"; and17
! That the home owner has the option of mediation pursuant18
to section 38-12-216, Colorado Revised Statutes, of the19
"Mobile Home Park Act" and the option of filing a20
complaint through the "Mobile Home Park Act Dispute21
Resolution and Enforcement Program" created in section22
38-12-1104, Colorado Revised Statutes.23
NOTICE OF NONPAYMENT OF RENT: In order to terminate24
a home owner's tenancy due to nonpayment of rent, the landlord or25
management of a mobile home park must serve to a home owner a notice26
of nonpayment of rent. The notice must be in writing and must require27
1098
-25- that the home owner either make payment of rent or sell the owner's unit1
or remove it from the premises within a period of not less than ten days2
after the date the notice is served or posted, for failure to pay rent when3
due.4
CURE PERIODS: If the home owner has a right to cure under the5
"Mobile Home Park Act", the landlord or management of a mobile home6
park cannot terminate a home owner's tenancy without first providing the7
home owner with a time period to cure the noncompliance. "Cure" refers8
to a home owner remedying, fixing, or otherwise correcting the situation9
or problem that made the tenancy subject to termination pursuant to10
sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.11
COMMENCEMENT OF LEGAL ACTION TO TERMINATE12
THE TENANCY: After the last day of the applicable notice period13
required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal14
action may be commenced to take possession of the space leased by the15
home owner. In order to evict a home owner, the landlord or management16
of the mobile home park must prove:17
! The landlord or management complied with the notice18
requirements of the "Mobile Home Park Act";19
! The landlord or management provided the home owner20
with a statement of reasons for termination of the tenancy;21
and22
! The reasons for termination of the tenancy are true and23
valid under the "Mobile Home Park Act".24
To defend against an eviction action, a home owner must appear25
in court. If the court rules in favor of the landlord or management of the26
mobile home park, the home owner has not less than thirty days from the27
1098
-26- time of the ruling to either remove or sell the mobile home and to vacate1
the premises. If the home owner wishes to extend such period beyond2
thirty days but not more than sixty days from the date of the ruling, the3
home owner shall prepay to the landlord an amount equal to a pro rata4
share of rent for each day following the expiration of the initial thirty-day5
period after the court's ruling that the mobile home owner will remain on6
the premises. All prepayments shall be paid no later than thirty days after7
the court ruling. This section does not preclude earlier removal by law8
enforcement officers of a mobile home or one or more mobile home9
owners or occupants from the mobile home park if a mobile home owner10
violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,11
Colorado Revised Statutes.12
SECTION 11. In Colorado Revised Statutes, 38-12-701, amend13
(2)(b) as follows:14
38-12-701. Notice of rent increase. (2) (b) A landlord may15
SHALL not terminate a residential tenancy in which there is no written16
agreement by serving a tenant with a notice to quit pursuant to section17
13-40-107 TERMINATE TENANCY with the primary purpose of increasing18
a tenant's rent in a manner inconsistent with this section.19
SECTION 12. In Colorado Revised Statutes, 38-12-222, amend20
(3) as follows:21
38-12-222. Residents' right to privacy. (3) Except when posting22
notices that are required by law or by a rental agreement, the management23
shall make a reasonable effort to notify a resident of the management's24
intention to enter the mobile home space at least forty-eight25
SEVENTY-TWO hours before entry. The notification must include the date26
and approximate time of the planned entry and must be delivered in a27
1098
-27- manner that is reasonably likely to be seen or heard by the resident in a1
timely manner.2
SECTION 13. In Colorado Revised Statutes, 38-12-508, amend3
(4) as follows:4
38-12-508. Landlord's defenses to a claim of breach of5
warranty - limitations on claiming a breach. (4) Except as provided6
in section 38-12-509 (2), a tenant may not assert a breach of the warranty7
of habitability as a defense to a landlord's action for possession based8
upon a nonmonetary violation of the rental agreement or for an action for9
possession based upon a notice to quit TERMINATE TENANCY or vacate.10
SECTION 14. In Colorado Revised Statutes, 38-12-509, amend11
(1.5) as follows:12
38-12-509. Prohibition on retaliation. (1.5) A tenant may assert13
as a defense to a landlord's action for possession, including an action for14
possession based on a nonmonetary violation of the rental agreement or15
an action for possession based upon a notice to quit TERMINATE TENANCY16
or vacate, that the landlord retaliated against the tenant in violation of17
subsection (1) of this section.18
SECTION 15. In Colorado Revised Statutes, 38-33-112, amend19
(3) as follows:20
38-33-112. Notification to residential tenants. (3) Said THE21
notice
DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the22
notice to terminate the tenancy; as provided by section 13-40-107, C.R.S.;
23
except that no A residential tenancy shall NOT be terminated prior to the24
expiration date of the existing lease agreement, if any, unless consented25
to by both the tenant and the developer. If the term of the lease has less26
than ninety days remaining when notification is mailed or delivered, as27
1098
-28- the case may be, or if there is no written lease agreement, residential1
tenancy may SHALL not be terminated by the developer less than ninety2
days after the date the notice is mailed or delivered, as the case may be,3
to the tenant, unless consented to by both the tenant and the developer.4
The return receipt shall be IS prima facie evidence of receipt of notice. If5
the term of the lease has less than ninety days remaining when6
notification is mailed or delivered, as the case may be, the tenant may7
hold over for the remainder of said ninety-day period under the same8
terms and conditions of the lease agreement if the tenant makes timely9
rental payments and performs other conditions of the lease agreement.10
SECTION 16. Severability. If any provision of this act or the11
application of this act to any person or circumstance is held invalid, such12
invalidity does not affect other provisions or applications of the act that13
can be given effect without the invalid provision or application, and to14
this end the provisions of this act are declared to be severable.15
SECTION 17. Safety clause. The general assembly finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety or for appropriations for18
the support and maintenance of the departments of the state and state19
institutions.20
1098
-29-