Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted 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 3rd Reading
March 26, 2024
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, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Jaquez
Lewis, Michaelson Jenet, Winter F.
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
REPAIRS OR RENOVATIONS THAT ARE NECESSARY TO12
REMEDY A BREACH OF THE WARRANTY OF HABITABILITY DESCRIBED IN13
SECTION 38-12-503; AND14
(c) R
EQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES
15
FOR AT LEAST THIRTY DAYS.16
(14) "TENANT" HAS THE MEANING SET FORTH IN SECTION17
38-12-502
(9). "TENANT" DOES NOT INCLUDE A HOME OWNER, AS DEFINED18
IN SECTION 38-12-201.5 (2).19 20
(15) "WRITTEN NOTICE" MEANS WRITTEN NOTICE TO VACATE21
THAT:22
(a) C
OMPLIES WITH SECTION 13-40-106; AND23
(b) I
S PROVIDED TO A TENANT BY A LANDLORD OR BY A24
LANDLORD'S AGENT.25
38-12-1302. Applicability. (1) T
HIS PART 13 APPLIES TO EVERY26
RESIDENTIAL PREMISES IN THE STATE; EXCEPT THAT THIS PART 13 DOES27
1098
-5- NOT APPLY TO:1
(a) A
SHORT-TERM RENTAL PROPERTY;
2
(b) A
DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL3 PREMISES IF THE OWNER OR MASTER TENANT LIVES IN AND MAINTAINS THE4
RESIDENTIAL PREMISES AS THE OWNER'S OR MASTER TENANT'S PRIMARY5
RESIDENCE OR IF THE OWNER OF THE RESIDENTIAL PREMISES LIVES IN A6
PROPERTY THAT IS ADJACENT TO THE RESIDENTIAL PREMISES AND THAT7
THE OWNER MAINTAINS AS THE OWNER 'S PRIMARY RESIDENCE AND THE8
RESIDENTIAL PREMISES OR THE OWNER 'S ADJACENT PROPERTY:9
(I) I
S:10
(A) A
SINGLE-FAMILY HOME WITH OR WITHOUT AN ACCESSORY11
DWELLING UNIT THAT IS LOCATED ON THE SAME LOT AND ATTACHED ,12
SEMI-ATTACHED, OR UNATTACHED TO THE SINGLE-FAMILY HOME;13
(B) A
DUPLEX; OR14
(C) A
TRIPLEX; AND15
(II) IS NOT A MULTIFAMILY PROPERTY OF FOUR OR MORE DWELLING16
UNITS;17
(c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.518
(6.5),
THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION19
38-12-201.5
(2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME20
SPACE PURSUANT TO A LEASE-TO-OWN AGREEMENT, PURCHASE OPTION, OR21
SIMILAR AGREEMENT;22
(d) A RESIDENTIAL PREMISES THAT IS LEASED TO A TENANT23
PURSUANT TO AN EMPLOYER-PROVIDED HOUSING AGREEMENT , AS DEFINED24
IN SECTION 13-40-104 (5)(a);25
(e) A RESIDENTIAL TENANT WHO HAS NOT BEEN A TENANT OF A26
RESIDENTIAL PREMISES FOR AT LEAST TWELVE MONTHS; OR27
1098
-6- (f) A RESIDENTIAL TENANT WHO IS NOT KNOWN TO THE LANDLORD1
TO BE A TENANT OF THE RESIDENTIAL PREMISES .2
38-12-1303. Cause for eviction required - no-fault evictions.3
(1) A
LANDLORD SHALL NOT SERVE A NOTICE TO TERMINATE TENANCY OR4
A DEMAND FOR POSSESSION OR OTHERWISE PROCEED WITH AN ACTION FOR5
UNLAWFUL DETAINER PURSUANT TO ARTICLE 40 OF TITLE 13 UNLESS6
THERE IS CAUSE FOR THE EVICTION.7
(2) F
OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, CAUSE8
EXISTS ONLY AS DESCRIBED IN THE FOLLOWING SECTIONS :9
(a) S
ECTION 13-40-104 (1)(a) FOR WHEN ENTRY IS MADE WITHOUT10
RIGHT OR TITLE INTO ANY VACANT OR UNOCCUPIED L ANDS OR TENEMENTS ;11
(b) S
ECTION 13-40-104 (1)(b) FOR WHEN ENTRY IS MADE12
WRONGFULLY INTO CERTAIN PUBLIC LANDS , TENEMENTS, MINING CLAIMS,13
OR OTHER POSSESSIONS;14
(c) S
ECTION 13-40-104 (1)(c) FOR WHEN A LESSEE OR TENANT AT15
WILL, OR AT SUFFERANCE, OF ANY NONRESIDENTIAL REAL PROPERTY OR16
RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-1302
(1)(a), (1)(b),17
(1)(d), (1)(e), OR (1)(f) HOLDS OVER AND CONTINUES IN POSSESSION OF18
THE PROPERTY OR PREMISES , OR ANY PORTION OF THE PROPERTY OR19
PREMISES, AFTER THE EXPIRATION OF THE TERM FOR WHICH THE PROPERTY20
OR PREMISES WAS LEASED OR AFTER THE TENANCY , AT WILL OR AT21
SUFFERANCE, HAS BEEN TERMINATED BY EITHER PARTY ;22
(d) S
ECTION 13-40-104 (1)(d) FOR NONPAYMENT OF RENT ;23
(e) S
ECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION,24
AS DESCRIBED IN SECTION 13-40-107.5;25
(f) S
ECTION 13-40-104 (1)(e) FOR A MATERIAL VIOLATION OF THE26
LEASE OR RENTAL AGREEMENT ;27
1098
-7- (g) SECTION 13-40-104 (1)(e.5) FOR A REPEAT VIOLATION AFTER1
RECEIPT OF PROPER NOTICE OF A VIOLATION;2
(h) S
ECTION 13-40-104 (1)(e.8) AND SUBSECTION (3) OF THIS3
SECTION CONCERNING NO-FAULT EVICTIONS;4
(i) S
ECTION 13-40-104 (1)(f) FOR POSSESSION AFTER A LEGAL
5
SALE;6
(j) SECTION 13-40-104 (1)(g) FOR WHEN PROPERTY HAS BEEN SOLD7
UNDER A JUDGMENT OR DECREE AND THE PARTY OR PRIVIES TO THE8
JUDGMENT OR DECREE REFUSE OR NEGLECT TO SURRENDER POSSESSION9
AFTER THE EXPIRATION OF THE TIME OF REDEMPTION , WHEN REDEMPTION10
IS ALLOWED BY LAW, AFTER THE PURCHASER DEMANDS THE PROPERTY ;11
(k) SECTION 13-40-104 (1)(h) FOR WHEN AN HEIR OR DEVISEE12
CONTINUES IN POSSESSION OF A PREMISES SOLD AND CONVEYED BY A13
PERSONAL REPRESENTATIVE ; 14
(l) SECTION 13-40-104 (1)(i) FOR A VENDEE THAT HOLDS OVER15
AFTER FAILING TO COMPLY WITH AN AGREEMENT TO PURCHASE LANDS OR16
TENEMENTS; AND17
(m) SECTION 13-40-104 (1)(j) FOR WHEN A TENANT HAS ENGAGED18
IN CONDUCT THAT CREATES A NUISANCE OR DISTURBANCE THAT19
INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER20
TENANTS AT THE PROPERTY OR WHERE THE TENANT IS NEGLIGENTLY21
DAMAGING THE PROPERTY .22
(3) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (5) OF THIS23
SECTION, THE FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A24
NO-FAULT EVICTION OF A TENANT:25
(a) Demolition or conversion of residential premises. W
HEN A26
LANDLORD PLANS TO DEMOLISH A RESIDENTIAL PREMISES , CONVERT IT TO27
1098
-8- A NONRESIDENTIAL USE, OR CONVERT IT TO A SHORT -TERM RENTAL1
PROPERTY, THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A2
TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE3
RENTAL AGREEMENT SO LONG AS THE LANDLORD :4
(I) A
LLOWS THE TENANT AT LEAST NINETY DAYS
AFTER RECEIVING5
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(a)(II) OF THIS6
SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE7
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES8
UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL AGREEMENT;9
AND10
(II) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE11
OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES:12
(A) T
HE DATE BY WHICH THE TENANT MUST VACATE THE13
RESIDENTIAL PREMISES, WHICH DATE MUST BE AT LEAST NINETY DAYS14
AFTER THE DATE UPON WHICH THE LANDLORD PROVIDES THE WRITTEN15
NOTICE TO THE TENANT; AND16
(B) A
DESCRIPTION AND TIMELINE OF THE DEMOLITION OR17
CONVERSION OF THE RESIDENTIAL PREMISES AND A MATERIAL18
DEMONSTRATION OF THE PROPOSED DATE UPON WHICH THE PROJECT WILL19
COMMENCE, SUCH AS A COPY OF A BUILDING PERMIT OR APPLICATION FOR20
A PERMIT OR LICENSE TO OPERATE A SHORT -TERM RENTAL PROPERTY ,21
WHERE APPLICABLE.22
(b) Substantial repairs or renovations. (I) E
XCEPT AS23
DESCRIBED IN SUBSECTION (3)(b)(II) OF THIS SECTION, WHEN A LANDLORD24
PLANS TO MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A25
RESIDENTIAL PREMISES, THE LANDLORD MAY INITIATE A NO -FAULT26
EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE27
1098
-9- TERM OF THE RENTAL AGREEMENT SO LONG AS THE LANDLORD :1
(A) A
LLOWS THE TENANT AT LEAST NINETY DAYS
AFTER2
RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(b)(I)(B)3
OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH4
TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL5
PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL6
AGREEMENT;7
(B) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE8
OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES THE DATE9
BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES , WHICH10
DATE MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE11
LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT ;12
(C) P
ROVIDES THE TENANT AN EXPECTED COMPLETION DATE AND
13
A GENERAL DESCRIPTION OF THE SUBSTANTIAL REPAIRS OR RENOVATIONS14
TO THE RESIDENTIAL PREMISES;15
(D) P
ROCEEDS WITHOUT UNREAS ONABLE DELAY TO EFFECT THE16
SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD 'S17
RECOVERY OF POSSESSION OF THE RESIDENTIAL PREMISES ; AND18
19
(E) F
OR ANY REPAIRS OR RENOVATIONS EXPECTED TO LAST LESS
20
THAN ONE HUNDRED EIGHTY DAYS , PROVIDES THE TENANT A WRITTEN21
NOTICE SENT IN A MANNER THAT THE LANDLORD TYPICALLY USES TO22
COMMUNICATE WITH THE TENANT , WHICH NOTICE INCLUDES THE23
EXPECTED COMPLETION DATE FOR THE REPAIRS OR RENOVATIONS . IF,24
WITHIN TEN DAYS AFTER RECEIVING THE NOTICE , THE TENANT NOTIFIES25
THE LANDLORD THAT THE TENANT WANTS TO RETURN TO THE RESIDENTIAL26
PREMISES, THE LANDLORD SHALL OFFER THE TENANT THE FIRST RIGHT OF27
1098
-10- REFUSAL TO SIGN A NEW RENTAL AGREEMENT WITH REASONABLE TERMS .1
I
F THE TENANT ACCEPTS THE NEW RENTAL AGREEMENT , THE TENANT HAS
2
THIRTY DAYS TO OCCUPY THE RESIDENTIAL PREMISES UNLESS THE PARTIES3
MUTUALLY AGREE ON AN EXTENDED TIMELINE IN WRITING .4
(II) A
LANDLORD SHALL NOT INITIATE A NO-FAULT EVICTION OF A5
TENANT AS DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION IF THE6
SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED BASIS OF7
THE NO-FAULT EVICTION ARE:8
(A) R
EQUIRED IN ORDER FOR THE LANDLORD TO SATISFY ALL
9
REQUIRED REMEDIAL ACTION DESCRIBED IN SECTION 38-12-50310
CONCERNING A BREACH OF THE WARRANTY OF HABITABILITY ; OR11
(B) I
NITIATED BY THE LANDLORD IN RETALIATION AGAINST THE12
TENANT, AS DESCRIBED IN SECTION 38-12-509 (1).13
(c) Landlord or family member of landlord assumes14
occupancy.
(I) WHEN A LANDLORD PLANS TO RECOVER POSSESSION OF15
A RESIDENTIAL PREMISES FOR THE LANDLORD'S OWN USE AND OCCUPANCY16
AS A RESIDENCE, OR FOR THE USE AND OCCUPANCY AS A RESIDENCE17
BY THE LANDLORD'S FAMILY MEMBER, THE LANDLORD MAY INITIATE A18
NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE19
END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS :20
(A) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(III) OF THIS21
SECTION, THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER MOVES22
INTO THE RESIDENTIAL PREMISES WITHIN THREE MONTHS AFTER THE23
TENANT VACATES THE RESIDENTIAL PREMISES ;24
(B) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS25
SECTION, THE LANDLORD PROVIDES THE TENANT PROPER SERVICE OF A26
WRITTEN NOTICE OF THE NO -FAULT EVICTION AT LEAST NINETY DAYS27
1098
-11- BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL1
PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION2
OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT 'S3
EXISTING RENTAL AGREEMENT ; 4
(C) NO SUBSTANTIALLY EQUIVALENT UNIT IS VACANT AND5
AVAILABLE TO HOUSE THE LANDLORD OR THE L ANDLORD 'S FAMILY6
MEMBER IN THE SAME BUILDING; AND7
(D)
THE LANDLORD DOES NOT LIST THE RESIDENTIAL PREMISES FOR
8
A LONG-TERM OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER9
THE DATE THE TENANT IS REQUIRED TO VACATE .10
(II) IF THE LANDLORD IS AN INDIVIDUAL ON ACTIVE MILITARY11
DUTY FOR THE UNITED STATES MILITARY FORCES OR A SPOUSE OF SUCH AN12
INDIVIDUAL, THE LANDLORD MUST PROVIDE THE TENANT PROPER SERVICE13
OF A WRITTEN NOTICE OF THE NO-FAULT EVICTION AT LEAST FORTY-FIVE14
DAYS BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE15
RESIDENTIAL PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN16
POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF17
THE TENANT'S EXISTING RENTAL AGREEMENT .18
(III) IF THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER IS A19
PERSON WITH A DISABILITY, THE LANDLORD MAY EXTEND FOR A20
REASONABLE TIME THE PERIOD OF TIME DESCRIBED SUBSECTION21
(3)(c)(I)(A) OF THIS SECTION TO ALLOW FOR CHANGES TO BE MADE TO THE22
RESIDENTIAL PREMISES TO ACCOMMODATE THE FAMILY MEMBER WITH THE23
DISABILITY.24
25
(d) Withdrawal from rental market for the purpose of selling26
the residential premises. (I) W
HEN A LANDLORD PLANS TO SELL A27
1098
-12- RESIDENTIAL PREMISES THAT IS A SINGLE-FAMILY HOME, A TOWNHOME, A1
DUPLEX, TRIPLEX, OR AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD2
MAY INITIATE A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL3
PREMISES AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO LONG4
AS THE LANDLORD:5
(A) A
LLOWS THE TENANT AT LEAST
NINETY DAYS AFTER6
RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(d)(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 LANDLORD'S INTENT TO WITHDRAW THE RESIDENTIAL PREMISES13
FROM THE RENTAL MARKET AND SELL THE RESIDENTIAL PREMISES , WHICH14
NOTICE INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO15
VACATE; AND16
(C) D
OES NOT LIST THE RESIDENTIAL PREMISES FOR A LONG-TERM17
OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER THE DATE ON18
WHICH THE TENANT IS REQUIRED TO
VACATE; EXCEPT THAT THIS19
SUBSECTION (3)(d)(I)(C) DOES NOT APPLY IF THE LANDLORD PRODUCES20
EVIDENCE THAT THE RESIDENTIAL PREMISES WAS LISTED FOR SALE ON A21
MULTIPLE-LISTING SERVICE AFTER THE TENANT WAS REQUIRED TO22
VACATE.23
(II) N
OTHING IN THIS SUBSECTION
(3)(d) MAY BE CONSTRUED TO24
ALLOW A LANDLORD TO INITIATE A NO -FAULT EVICTION OR OTHERWISE25
TERMINATE A RENTAL AGREEMENT WITHOUT CAUSE BEFORE THE END OF26
THE TERM OF THE RENTAL AGREEMENT .27
1098
-13- (e) Tenant refuses to sign new lease with reasonable terms. I F1
A TENANT REFUSES TO SIGN A NEW RENTAL AGREEMENT WITH2
REASONABLE TERMS, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION3
OF THE TENANT SO LONG AS THE LANDLORD :4
(I) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING5
THE NOTICE DESCRIBED IN SUBSECTION (3)(e)(II) OF THIS SECTION TO6
VACATE THE RESIDENTIAL PREMISES AFTER THE TENANT HAS REFUSED TO7
SIGN THE NEW RENTAL AGREEMENT , DURING WHICH TIME THE TENANT8
MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE9
SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT ; AND10
(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE11
OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE12
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO13
VACATE.14
(f) History of nonpayment of rent. (I) IF A TENANT SUBMITS A15
RENT PAYMENT LATE MORE THAN TWO TIMES DURING THE PERIOD OF THE16
RENTAL AGREEMENT, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION17
OF THE TENANT AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO18
LONG AS THE LANDLORD:19
(A) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER20
RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (3)(f)(I)(B) OF THIS21
SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE22
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES23
UNDER THE SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT;24
AND25
(B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE26
OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE27
1098
-14- INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO1
VACATE.2
(II) FOR PURPOSES OF THIS SUBSECTION (3)(f), A RENT PAYMENT3
QUALIFIES AS LATE IF IT IS SUBMITTED MORE THAN TEN CALENDAR DAYS4
AFTER THE DAY IT IS DUE ACCORDING TO THE RENTAL AGREEMENT AND5
THE LANDLORD PROVIDES THE TENANT WITH PROPER SERVICE OF A6
WRITTEN NOTICE UNDER SECTION 13-40-104 (1)(d).7
(III) THIS SUBSECTION (3)(f) DOES NOT APPLY IF THE RENT8
PAYMENT IS SUBMITTED WITHIN THE CURE PERIOD DESCRIBED IN SECTION9
13-40-104 (1)(d).10
(4) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPACT11
THE INTERPRETATION OF THE MEANING OF THE TERM "GOOD CAUSE" AS12
THE TERM IS USED IN FEDERAL LAW OR FEDERAL REGULATIONS .13
(5) (a) A
LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF14
A TENANT BY FILING AN ACTION UNDER ARTICLE 40 OF TITLE 13 ONLY IF15
THE LANDLORD PROVIDES PROPER SERVICE OF A WRITTEN NOTICE OF THE16
NO-FAULT EVICTION AND THE TENANT FAILS TO VACATE ON OR BEFORE17
THE DEADLINE STATED IN THE NOTICE.18
(b) A
WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3)19
OF THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL AND20
FACTUAL BASIS FOR THE LANDLORD'S NO-FAULT EVICTION OF THE TENANT,21
WHICH LEGAL BASIS MUST BE SET FORTH IN SUBSECTION (3) OF THIS22
SECTION.23
24
38-12-1304. Violations - remedies. I F A LANDLORD PROCEEDS25
WITH AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION26
OF THIS PART 13, AND THE TENANT LOSES POSSESSION OF THE DWELLING27
1098
-15- UNIT WITHOUT A COURT ORDER , THE TENANT MAY SEEK RELIEF AS1
DESCRIBED IN SECTION 38-12-510. 2
38-12-1305. No waiver of requirements by agreement. A3
PROVISION OF A RENTAL AGREEMENT OR OTHER AGREEMENT THAT4
PURPORTS TO AUTHORIZE OR EFFECTUATE A WAIVER OR MODIFICATION OF5
ANY PROVISION OF THIS PART 13 IS VOID AND UNENFORCEABLE.6
38-12-1306. Affirmative defense. I F A LANDLORD FAILS TO7
COMPLY WITH THIS PART 13, A TENANT MAY ASSERT THE LANDLORD 'S8
FAILURE AS AN AFFIRMATIVE DEFENSE FOR A TENANT TO AN EVICTION9
PROCEEDING. IF A TENANT ASSERTS SUCH AN AFFIRMATIVE DEFENSE , AND10
THE LANDLORD CANNOT DEMONSTRATE BY A PREPONDERANCE OF THE11
EVIDENCE THAT THE LANDLORD HAS COMPLIED WITH THIS PART 13, THE12
COURT SHALL DISMISS THE EVICTION PROCEEDING .13
38-12-1307. Retaliatory rent increase prohibited. A LANDLORD14
SHALL NOT INCREASE A TENANT 'S RENT IN A DISCRIMINATORY ,15
RETALIATORY, OR UNCONSCIONABLE MANNER TO CIRCUMVENT THE16
REQUIREMENTS AND PROHIBITIONS SET FORTH IN THIS PART 13.17
SECTION 3. In Colorado Revised Statutes, 13-40-104, amend18
(1) introductory portion, (1)(c), (1)(e), and (1)(e.5)(II); and add (1)(e.8)19
and (1)(j) as follows:20
13-40-104. Unlawful detention defined - definitions. (1) Any21
A person is guilty of HAS COMMITTED an unlawful detention of real22
property in the following cases:23
(c) When any lessee or tenant at will, or by AT sufferance, or for24
any part of a year, or for one or more years PERIOD OF TIME, of any25
NONRESIDENTIAL real property OR RESIDENTIAL PREMISES DESCRIBED IN26
SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), including a27
1098
-16- specific or undivided portion of a building, or dwelling, holds over and1
continues in possession of the demised premises NONRESIDENTIAL REAL2
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-13023
(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), or any portion thereof, after the4
expiration of the term for which the same were NONRESIDENTIAL REAL5
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-13026
(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f) WAS leased or after such THE7
tenancy at will or sufferance, has been terminated by either party;8
(e) When such A tenant or lessee holds over without such9
permission, contrary to any other MATERIAL condition or covenant of the10
agreement under which such THE tenant or lessee holds, and ten days'11
notice in writing has been duly served upon such THE tenant or lessee12
requiring in the alternative the EITHER compliance with such THE13
condition or covenant or the delivery of the possession of the premises;14
so held; except that, for a nonresidential agreement or an15
employer-provided housing agreement, three days' notice is required,16
pursuant to this section, and for an exempt residential agreement, five17
days' notice is required; pursuant to this section.18
(e.5) (II) A tenancy pursuant to a residential agreement may be19
terminated at any time pursuant to this subsection (1)(e.5) on the basis of20
a subsequent violation of the same condition or covenant of the21
agreement. The termination of a residential tenancy is effective ten days22
after service of written notice to quit TERMINATE TENANCY .23
Notwithstanding any other provision of this subsection (1)(e.5)(II), a24
tenancy pursuant to a nonresidential agreement, an exempt residential25
agreement, or an employer-provided housing agreement may be26
terminated at any time pursuant to this subsection (1)(e.5) on the basis of27
1098
-17- a subsequent violation. The termination of a nonresidential tenancy or an1
employer-provided housing tenancy is effective three days after service2
of written notice to quit TERMINATE TENANCY, and the termination of a3
tenancy pursuant to an exempt residential agreement is effective five days4
after service of written notice to quit TERMINATE TENANCY.5
(e.8) W
HEN A TENANT HOLDS OVER AND MAINTAINS POSSESSION6
OF A RESIDENTIAL PREMISES AFTER THE LANDLORD HAS PROPERLY7 INITIATED A NO-FAULT EVICTION BY SATISFYING THE NOTICE8
REQUIREMENTS AND OTHER REQUIREMENTS ASSOCIATED WITH THE9
NO-FAULT EVICTION, AS DESCRIBED IN SECTION 38-12-1303 (3);10
(j) (I) WHEN A TENANT OR LESSEE HOLDS OVER WITHOUT11
PERMISSION OF THE LANDLORD AFTER THE TENANT OR LESSEE HAS12
ENGAGED IN CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A13
NUISANCE, WHICH CONDUCT INTERFERES WITH THE QUIET ENJOYMENT OF14
THE LANDLORD, IF THE LANDLORD LIVES IN THE SAME OR AN IMMEDIATELY15
ADJACENT PROPERTY, OR OF OTHERS WHO RESIDE IN AN IMMEDIATELY16
ADJACENT PROPERTY, OR OF OTHER TENANTS OR OCCUPANTS OF THE SAME17
PROPERTY, OR THE TENANT OR LESSEE BY REASON OF NEGLIGENCE18
DAMAGED THE HOUSING ACCOMMODATION , AND TEN DAYS' NOTICE IN19
WRITING HAS BEEN DULY SERVED UPON THE TENANT OR LESSEE, WHICH20
NOTICE CONTAINS A DESCRIPTION OF THE SPECIFIC CONDUCT THAT21
DISTURBED OTHERS OR CAUSED A NUISANCE, REQUIRING IN THE22
ALTERNATIVE CESSATION OF THE CONDUCT THAT IS DISTURBING OTHERS23
OR CAUSING A NUISANCE THAT INTERFERES WITH THE QUIET ENJOYMENT24
OF THE LANDLORD, IF THE LANDLORD LIVES IN THE SAME OR IMMEDIATELY25
ADJACENT PROPERTY, OR OTHER TENANTS OR OCCUPANTS OF THE SAME26
PROPERTY, OR MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGED27
1098
-18- THE HOUSING ACCOMMODATION OR POSSESSION OF THE PREMISES SO1
HELD; EXCEPT THAT, FOR A NONRESIDENTIAL AGREEMENT OR AN2
EMPLOYER-PROVIDED HOUSING AGREEMENT, THREE DAYS' NOTICE IS3
REQUIRED PURSUANT TO THIS SUBSECTION (1)(j), AND FOR AN EXEMPT4
RESIDENTIAL AGREEMENT, FIVE DAYS' NOTICE IS REQUIRED PURSUANT TO5
THIS SECTION.6
(II) THE LAWFUL EXERCISE BY A TENANT OF ANY RIGHTS7
PURSUANT TO ANY LAW OR RULE RELATING TO OCCUPANCY OF A8
PROPERTY, INCLUDING THIS SUBSECTION (1)(j), SHALL NOT BE DEEMED TO9
INTERFERE WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER10
TENANTS OR OTHER GROUND FOR EVICTION PURSUANT TO THIS11
SUBSECTION (1)(j).12
(III) IT SHALL NOT CONSTITUTE A NUISANCE OR DISTURBANCE FOR13
PURPOSES OF THIS SUBSECTION (1)(j) IF A VICTIM OF DOMESTIC VIOLENCE14
IS BEING ACCUSED OF CAUSING A DISTURBANCE OR NUISANCE AS A DIRECT15
RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE. THIS EXCEPTION16
APPLIES ONLY TO VICTIMS OF DOMESTIC VIOLENCE AND NOT TO17
PERPETRATORS.18
SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as19
follows:20
13-40-106. Written demand. (1) The demand OR NOTICE21
required by section 13-40-104
OR 38-12-1303 shall be made in writing,22
specifying the grounds of the demandant's right to the possession of such
23
THE premises, INCLUDING A SPECIFIC DESCRIPTION OF THE ALLEGED24
VIOLATION OR NO-FAULT EVICTION GROUNDS , describing the same25
PREMISES, and INDICATING the DATE AND time when the same PREMISES26
shall be delivered up, and shall be signed by the person claiming such27
1098
-19- possession, his THE PERSON'S agent, or his THE PERSON'S attorney.1
(2) The demand OR NOTICE REQUIRED BY SECTION 13-40-104 OR2
38-12-1303 must also include a statement that a residential tenant who3
receives supplemental security income, social security disability insurance4
under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et5
seq., as amended, or cash assistance through the Colorado works program6
created in part 7 of article 2 of title 26 has a right to mediation prior to the7
landlord filing an eviction complaint with the court pursuant to section8
13-40-110.9
(3) T
HE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-104 OR10
38-12-1303
MUST BE WRITTEN IN ENGLISH, SPANISH,
OR ANY OTHER11
LANGUAGE THAT THE LANDLORD KNOWS , OR HAS REASON TO KNOW, IS12
THE PRIMARY LANGUAGE OF THE TENANT .13
SECTION 5. In Colorado Revised Statutes, amend 13-40-107 as14
follows:15
13-40-107. Notice to terminate tenancy. (1) A tenancy may be16
terminated by notice in writing, served not less than the respective period17
fixed before the end of the applicable tenancy, as follows: A LANDLORD18
OF NONRESIDENTIAL REAL PROPERTY OR A RESIDENTIAL PREMISES19
DESCRIBED IN SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f)20
OR A TENANT OF ANY PROPERTY OR PREMISES MAY TERMINATE A21
PERIODIC TENANCY AT THE END OF THE TENANCY PERIOD OR ELECT TO NOT22
RENEW A FIXED TERM TENANCY AT THE END OF THE FIXED TERM BY23
SERVING WRITTEN NOTICE THAT EXPIRES AT THE END OF THE PERIOD OR24
FIXED TERM, BASED ON THE LENGTH OF THE APPLICABLE TENANCY25
DESCRIBED IN SUBSECTION (2) OF THIS SECTION.26
(2) T
HE WRITTEN NOTICE DESCRIBED IN SUBSECTION (1) OF THIS27
1098
-20- SECTION MUST BE SERVED BEFORE THE END OF THE PERIOD OR FIXED TERM ,1
AS FOLLOWS:2
(a) A tenancy for one year or longer,
AT LEAST ninety-one days;3
(b) A tenancy of six months or longer but less than a year,
AT4
LEAST twenty-eight days;5
(c) A tenancy of one month or longer but less than six months,
AT6
LEAST twenty-one days;7
(d) A tenancy of one week or longer but less than one month, or8
a tenancy at will,
AT LEAST three days;9
(e) A tenancy for less than one week,
AT LEAST one day.10
(2)
(3) Such THE WRITTEN notice shall DESCRIBED IN SUBSECTION11
(1)
OF THIS SECTION MUST:12
(a) Describe the property and the particular time
DATE when the13
tenancy will terminate; and14
(b) shall Be signed by the landlord or tenant, the party giving such15
notice, or his THE LANDLORD'S OR TENANT'S agent or attorney.16
(3) Any person in possession of real property with the assent of17
the owner is presumed to be a tenant at will until the contrary is shown.18
(4) No
WRITTEN notice to quit shall be
UNDER SUBSECTION (1) OF19
THIS SECTION IS necessary from or to a tenant whose term WITH A20
FIXED-TERM TENANCY THAT is, by agreement, to end at a time certain.21
(5) Except as otherwise provided in section 38-33-112, C.R.S., the22
provisions of subsections (1) and (4) of this section shall not apply to the23
termination of a residential tenancy during the ninety-day period provided24
for in said section.25
SECTION 6. In Colorado Revised Statutes, 13-40-107.5, amend26
(4)(a) and (4)(b) as follows:27
1098
-21- 13-40-107.5. Termination of tenancy for substantial violation1
- definition - legislative declaration. (4) (a) A tenancy may be2
terminated at any time on the basis of a substantial violation. The3
termination shall be IS effective three days after service of written notice4
to quit TERMINATE TENANCY.5
(b) The notice to quit shall TERMINATE TENANCY MUST describe6
the property, the particular time DATE when the tenancy will terminate,7
and the grounds for termination. The notice shall MUST be signed by the8
landlord or by the landlord's agent or attorney.9
SECTION 7. In Colorado Revised Statutes, amend 13-40-108 as10
follows:11
13-40-108. Service of notice to vacate or demand. A
WRITTEN12
notice to quit
VACATE or demand for possession of real property AS13
REQUIRED BY SECTION 13-40-104, 38-12-202, 38-12-204, OR 38-12-130314
may be served by delivering a copy thereof OF THE NOTICE to the A15
KNOWN tenant or other person occupying such THE premises, or by16
leaving such copy with some person, a member of the tenant's family17
above the age of fifteen years, residing on or in charge of the premises,18
or, in case no one is on the premises at the time service is attempted19
AFTER ATTEMPTS AT PERSONAL SERVICE AT LEAST ONCE ON TWO20
SEPARATE DAYS, by posting such THE copy in some conspicuous place on21
the premises.22
SECTION 8. In Colorado Revised Statutes, 13-40-110, amend23
(2) as follows:24
13-40-110. Action - how commenced - report. (2) In an action25
for termination of a tenancy in a mobile home park, the complaint, in26
addition to the requirements of subsection (1) of this section, must specify27
1098
-22- the reasons for termination as the reasons are stated in section 38-12-203.1
The complaint must specify the approximate time, place, and manner in2
which the tenant allegedly committed the acts giving rise to the3
complaint. If the action is based on the mobile home or mobile home lot4
being out of compliance with the rules and regulations adopted pursuant5
to section 38-12-214, the complaint must specify that the home owner6
was given ninety days after the date of service or posting of the notice to7
quit TERMINATE TENANCY to cure the noncompliance, that ninety days8
have passed, and the noncompliance has not been cured.9
SECTION 9. In Colorado Revised Statutes, 38-12-202, amend10
(1)(a) introductory portion, (1)(b), and (3) as follows:11
38-12-202. Tenancy - notice to terminate tenancy. (1) (a) No12
Tenancy or other lease or rental occupancy of space in a mobile home13
park shall MAY NOT commence without a written lease or rental14
agreement, and no tenancy in a mobile home park shall NOT be terminated15
until a notice to quit TERMINATE TENANCY or notice of nonpayment of16
rent has been served. A notice to quit shall TERMINATE TENANCY MUST be17
in writing and in the form specified in section 13-40-107 (2) INCLUDE A18
DESCRIPTION OF THE PROPERTY . The property description required in19
section 13-40-107 (2) is legally sufficient if it states:20
(b) Service of the notice to quit shall TERMINATE TENANCY MUST21
be as specified in section 13-40-108. C.R.S. Service by posting shall be22
IS deemed legally sufficient within the meaning of section 13-40-10823
C.R.S., if the notice is affixed to the main entrance of the mobile home.24
(3) In any notice provided by the management as required by this25
section, the management shall specify the reason for the termination, as26
described in section 38-12-203, of the tenancy that is the subject of the27
1098
-23- notice. If the management is terminating the tenancy because the mobile1
home or mobile home lot is out of compliance with local ordinances or2
state laws or rules relating to mobile homes and mobile home lots, as3
described in section 38-12-203 (1)(a), or out of compliance with written4
rules and regulations of the mobile home park, as described in section5
38-12-203 (1)(c), the notice must include a statement advising the home6
owner that the home owner has a right to cure the noncompliance within7
ninety days after the date of service or posting of the notice to quit8
TERMINATE TENANCY. This ninety-day period runs concurrently with the9
ninety-day period to sell the mobile home or remove it from the premises10
as set forth in subsection (1)(c)(I) of this section. Rent payment and other11
agreed tenant obligations remain in effect during this ninety-day period,12
and acceptance of rent by a landlord during this ninety-day period does13
not constitute a waiver of the landlord's right to terminate the tenancy for14
any noncompliance described in section 38-12-203 (1)(a) or (1)(c).15
SECTION 10. In Colorado Revised Statutes, 38-12-204.3,16
amend (1) introductory portion, (1)(a), and (2) as follows:17
38-12-204.3. Notice required for termination. (1) Where the18
tenancy of a mobile home owner is being terminated under section19
38-12-202 or section 38-12-204, the landlord or mobile home park owner20
shall provide such mobile home owner with written notice as provided for21
in subsection (2) of this section. Service of such notice shall MUST occur22
at the same time and in the same manner as service of:23
(a) The notice to quit TERMINATE TENANCY as provided in section24
38-12-202 (1); or25
(2) The notice required under this section must be in at least26
ten-point type and must read as follows:27
1098
-24- IMPORTANT NOTICE TO THE HOME OWNER:1
This notice and the accompanying notice to quit TERMINATE2
TENANCY/notice of nonpayment of rent are the first steps in the eviction3
process. Any dispute you may have regarding the grounds for eviction4
should be addressed with your landlord or the management of the mobile5
home park or in the courts if an eviction action is filed. Please be advised6
that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado7
Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and8
Enforcement Program" created in section 38-12-1104, Colorado Revised9
Statutes, may provide you with legal protection.10
NOTICE TO QUIT TERMINATE TENANCY: In order to terminate a11
home owner's tenancy, the landlord or management of a mobile home12
park must serve to a home owner a notice to quit TERMINATE TENANCY.13
The notice must be in writing and must contain certain information,14
including:15
! The grounds for the termination of the tenancy;16
! Whether or not the home owner has a right to cure under17
the "Mobile Home Park Act"; and18
! That the home owner has the option of mediation pursuant19
to section 38-12-216, Colorado Revised Statutes, of the20
"Mobile Home Park Act" and the option of filing a21
complaint through the "Mobile Home Park Act Dispute22
Resolution and Enforcement Program" created in section23
38-12-1104, Colorado Revised Statutes.24
NOTICE OF NONPAYMENT OF RENT: In order to terminate25
a home owner's tenancy due to nonpayment of rent, the landlord or26
management of a mobile home park must serve to a home owner a notice27
1098
-25- of nonpayment of rent. The notice must be in writing and must require1
that the home owner either make payment of rent or sell the owner's unit2
or remove it from the premises within a period of not less than ten days3
after the date the notice is served or posted, for failure to pay rent when4
due.5
CURE PERIODS: If the home owner has a right to cure under the6
"Mobile Home Park Act", the landlord or management of a mobile home7
park cannot terminate a home owner's tenancy without first providing the8
home owner with a time period to cure the noncompliance. "Cure" refers9
to a home owner remedying, fixing, or otherwise correcting the situation10
or problem that made the tenancy subject to termination pursuant to11
sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.12
COMMENCEMENT OF LEGAL ACTION TO TERMINATE13
THE TENANCY: After the last day of the applicable notice period14
required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal15
action may be commenced to take possession of the space leased by the16
home owner. In order to evict a home owner, the landlord or management17
of the mobile home park must prove:18
! The landlord or management complied with the notice19
requirements of the "Mobile Home Park Act";20
! The landlord or management provided the home owner21
with a statement of reasons for termination of the tenancy;22
and23
! The reasons for termination of the tenancy are true and24
valid under the "Mobile Home Park Act".25
To defend against an eviction action, a home owner must appear26
in court. If the court rules in favor of the landlord or management of the27
1098
-26- mobile home park, the home owner has not less than thirty days from the1
time of the ruling to either remove or sell the mobile home and to vacate2
the premises. If the home owner wishes to extend such period beyond3
thirty days but not more than sixty days from the date of the ruling, the4
home owner shall prepay to the landlord an amount equal to a pro rata5
share of rent for each day following the expiration of the initial thirty-day6
period after the court's ruling that the mobile home owner will remain on7
the premises. All prepayments shall be paid no later than thirty days after8
the court ruling. This section does not preclude earlier removal by law9
enforcement officers of a mobile home or one or more mobile home10
owners or occupants from the mobile home park if a mobile home owner11
violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,12
Colorado Revised Statutes.13
SECTION 11. In Colorado Revised Statutes, 38-12-701, amend14
(2)(b) as follows:15
38-12-701. Notice of rent increase. (2) (b) A landlord may16
SHALL not terminate a residential tenancy in which there is no written17
agreement by serving a tenant with a notice to quit pursuant to section18
13-40-107 TERMINATE TENANCY with the primary purpose of increasing19
a tenant's rent in a manner inconsistent with this section.20
SECTION 12. In Colorado Revised Statutes, 38-12-222, amend21
(3) as follows:22
38-12-222. Residents' right to privacy. (3) Except when posting23
notices that are required by law or by a rental agreement, the management24
shall make a reasonable effort to notify a resident of the management's25
intention to enter the mobile home space at least forty-eight26
SEVENTY-TWO hours before entry. The notification must include the date27
1098
-27- and approximate time of the planned entry and must be delivered in a1
manner that is reasonably likely to be seen or heard by the resident in a2
timely manner.3
SECTION 13. In Colorado Revised Statutes, 38-12-508, amend4
(4) as follows:5
38-12-508. Landlord's defenses to a claim of breach of6
warranty - limitations on claiming a breach. (4) Except as provided7
in section 38-12-509 (2), a tenant may not assert a breach of the warranty8
of habitability as a defense to a landlord's action for possession based9
upon a nonmonetary violation of the rental agreement or for an action for10
possession based upon a notice to quit TERMINATE TENANCY or vacate.11
SECTION 14. In Colorado Revised Statutes, 38-12-509, amend12
(1.5) as follows:13
38-12-509. Prohibition on retaliation. (1.5) A tenant may assert14
as a defense to a landlord's action for possession, including an action for15
possession based on a nonmonetary violation of the rental agreement or16
an action for possession based upon a notice to quit TERMINATE TENANCY17
or vacate, that the landlord retaliated against the tenant in violation of18
subsection (1) of this section.19
SECTION 15. In Colorado Revised Statutes, 38-33-112, amend20
(3) as follows:21
38-33-112. Notification to residential tenants. (3) Said THE22
notice
DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the23
notice to terminate the tenancy; as provided by section 13-40-107, C.R.S.;
24
except that no A residential tenancy shall NOT be terminated prior to the25
expiration date of the existing lease agreement, if any, unless consented26
to by both the tenant and the developer. If the term of the lease has less27
1098
-28- than ninety days remaining when notification is mailed or delivered, as1
the case may be, or if there is no written lease agreement, residential2
tenancy may SHALL not be terminated by the developer less than ninety3
days after the date the notice is mailed or delivered, as the case may be,4
to the tenant, unless consented to by both the tenant and the developer.5
The return receipt shall be IS prima facie evidence of receipt of notice. If6
the term of the lease has less than ninety days remaining when7
notification is mailed or delivered, as the case may be, the tenant may8
hold over for the remainder of said ninety-day period under the same9
terms and conditions of the lease agreement if the tenant makes timely10
rental payments and performs other conditions of the lease agreement.11
SECTION 16. Severability. If any provision of this act or the12
application of this act to any person or circumstance is held invalid, such13
invalidity does not affect other provisions or applications of the act that14
can be given effect without the invalid provision or application, and to15
this end the provisions of this act are declared to be severable.16
SECTION 17. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
1098
-29-