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Colorado House Bill HB1098

Colorado 2024 Regular Session

Colorado House Bill HB1098 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0087.01 Richard Sweetman x4333
18 HOUSE BILL 24-1098
2-BY REPRESENTATIVE(S) Mabrey and Duran, Bacon, Brown,
3-deGruy Kennedy, Epps, Garcia, Hernandez, Herod, Jodeh, Joseph, Lieder,
4-Lindsay, Lindstedt, Martinez, Mauro, Ortiz, Parenti, Ricks, Rutinel, Sirota,
5-Story, Titone, Velasco, Vigil, Weissman, Willford, Boesenecker,
6-Daugherty, Froelich, Kipp, Marvin, English, McCormick;
7-also SENATOR(S) Gonzales and Hinrichsen, Bridges, Buckner, Coleman,
8-Cutter, Danielson, Exum, Jaquez Lewis, Michaelson Jenet, Winter F.
9+House Committees Senate Committees
10+Transportation, Housing & Local Government Local Government & Housing
11+A BILL FOR AN ACT
912 C
10-ONCERNING PROTECTIONS FOR RESIDENTIAL TENANTS , AND, IN
11-CONNECTION THEREWITH
12-, REQUIRING CAUSE FOR THE EVICTION OF A
13-RESIDENTIAL TENANT
14-.
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. Legislative declaration. The general assembly finds
17-and declares that this act is reasonable and necessary for the important
18-public purposes of preventing arbitrary displacement of individuals,
19-protecting safety, and promoting public health and should be construed
20-broadly to achieve these purposes.
21-SECTION 2. In Colorado Revised Statutes, add part 13 to article
22-12 of title 38 as follows:
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. PART 13
31-FOR CAUSE EVICTION POLICY
13+ONCERNING PROTECTIONS FOR RESIDENTIAL TENANTS , AND, IN101
14+CONNECTION THEREWITH , REQUIRING CAUSE FOR THE EVICTION102
15+OF A RESIDENTIAL TENANT.103
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+The bill prohibits a landlord from evicting a residential tenant
24+unless the landlord has cause for eviction. Cause exists only when:
25+! A tenant or lessee is guilty of an unlawful detention of real
26+property under certain circumstances described in existing
27+law, as amended by the bill; or
28+SENATE
29+Amended 3rd Reading
30+March 26, 2024
31+SENATE
32+Amended 2nd Reading
33+March 25, 2024
34+HOUSE
35+Amended 3rd Reading
36+February 20, 2024
37+HOUSE
38+Amended 2nd Reading
39+February 16, 2024
40+HOUSE SPONSORSHIP
41+Mabrey and Duran, Bacon, Brown, deGruy Kennedy, Epps, Garcia, Hernandez, Herod,
42+Jodeh, Joseph, Lieder, Lindsay, Lindstedt, Martinez, Mauro, Ortiz, Parenti, Ricks, Rutinel,
43+Sirota, Story, Titone, Velasco, Vigil, Weissman, Willford, Boesenecker, Daugherty, Froelich,
44+Kipp, Marvin
45+SENATE SPONSORSHIP
46+Gonzales and Hinrichsen, Bridges, Buckner, Coleman, Cutter, Danielson, Exum, Jaquez
47+Lewis, Michaelson Jenet, Winter F.
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. ! Conditions exist constituting grounds for a "no-fault
51+eviction".
52+The following conditions constitute grounds for a "no-fault
53+eviction" of a residential tenant, with certain limitations:
54+! Demolition or conversion of the residential premises;
55+! Substantial repairs or renovations to the residential
56+premises;
57+! Occupancy assumed by the landlord or a family member of
58+the landlord;
59+! Expiration of time-limited housing operated by a
60+mission-driven organization; and
61+! Withdrawal of the residential premises from the rental
62+market for the purpose of selling the residential premises.
63+A landlord that proceeds with a no-fault eviction in violation of
64+certain notice requirements or other restrictions must provide relocation
65+assistance to the tenant in the amount of 2 months' rent plus one
66+additional month of rent if any of the following individuals reside in the
67+residential premises:
68+! An individual who is under 18 years of age or at least 60
69+years of age;
70+! An individual whose income is no greater than 80% of the
71+area median income; or
72+! An individual with a disability.
73+If a landlord proceeds with an eviction of a tenant without cause,
74+the tenant may seek relief as provided in existing laws concerning
75+unlawful removal of a tenant and may assert the landlord's violation as an
76+affirmative defense to an eviction proceeding.
77+Current law allows a tenant to terminate a tenancy by serving
78+written notice to the landlord within a prescribed time period, based on
79+the length of the tenancy. For the purpose of such notices, certain
80+provisions apply, including the following:
81+! Any person in possession of real property with the assent
82+of the owner is presumed to be a tenant at will until the
83+contrary is shown; and
84+! Certain provisions concerning notices to quit do not apply
85+to the termination of a residential tenancy if the residential
86+premises is a condominium unit.
87+The bill eliminates these provisions.
88+Current law requires the management of a mobile home park to
89+make a reasonable effort to notify a resident of the management's
90+intention to enter the mobile home space at least 48 hours before entry.
91+The bill increases this notice period to 72 hours.
92+Be it enacted by the General Assembly of the State of Colorado:1
93+1098-2- SECTION 1. Legislative declaration. The general assembly1
94+finds and declares that this act is reasonable and necessary for the2
95+important public purposes of preventing arbitrary displacement of3
96+individuals, protecting safety, and promoting public health and should be4
97+construed broadly to achieve these purposes.5
98+SECTION 2. In Colorado Revised Statutes, add part 13 to article6
99+12 of title 38 as follows:7
100+PART 138
101+FOR CAUSE EVICTION POLICY9
32102 38-12-1301. Definitions. A
33-S USED IN THIS PART 13, UNLESS THE
34-CONTEXT OTHERWISE REQUIRES
35-:
103+S USED IN THIS PART 13, UNLESS THE10
104+CONTEXT OTHERWISE REQUIRES :11
36105 (1) "A
37-CCESSORY DWELLING UNIT" HAS THE MEANING SET FORTH IN
38-SECTION
39-38-12-801 (7)(a).
40-(2) "C
41-AUSE" MEANS A CIRCUMSTANCE DESCRIBED IN SECTION
42-38-12-1303 (2).
43-(3) "D
44-WELLING UNIT" HAS THE MEANING SET FORTH IN SECTION
45-38-12-502 (3).
106+CCESSORY DWELLING UNIT" HAS THE MEANING SET FORTH12
107+IN SECTION 38-12-801 (7)(a).13
108+ 14
109+(2) "CAUSE" MEANS A CIRCUMSTANCE DESCRIBED IN SECTION15
110+38-12-1303
111+ (2).16(3) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION17
112+38-12-502
113+ (3).18
46114 (4) "F
47115 AMILY MEMBER" HAS THE MEANING SET FORTH IN SECTION
48-8-13.3-503 (11).
49-(5) "L
50-ANDLORD" MEANS A LANDLORD , AS DEFINED IN SECTION
51-38-12-502 (5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE
52-MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK
53-, AS DEFINED IN
54-SECTION
55-38-12-201.5 (3), UNLESS:
116+19
117+8-13.3-503
118+ (11).
119+20
120+(5) "LANDLORD" MEANS A LANDLORD, AS DEFINED IN SECTION21
121+38-12-502
122+ (5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE22
123+MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK , AS DEFINED IN23
124+SECTION 38-12-201.5 (3), UNLESS:24
56125 (a) T
57-HE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS
58-RENTING BOTH A MOBILE HOME SPACE
59-, AS DEFINED IN SECTION 38-12-201.5
60-(6.5),
61- AND A MOBILE HOME, AS DEFINED IN SECTION 38-12-201.5 (5), TO A
62-MOBILE HOME PARK RESIDENT
63-, AS DEFINED IN SECTION 38-12-201.5 (11);
64-AND
65-(b) THE MOBILE HOME PARK RESIDENT IS NOT RESIDING IN THE
66-MOBILE HOME PARK UNDER A LEASE
67--TO-OWN AGREEMENT.
68-(6) "N
69-O-FAULT EVICTION" MEANS AN ACTION BROUGHT BY A
70-LANDLORD PURSUANT TO ARTICLE
71-40 OF TITLE 13 FOR THE EVICTION OF A
72-TENANT UNDER CONDITIONS DESCRIBED IN SECTION
73-38-12-1303 (3).
74-(7) "P
75-RIMARY RESIDENCE" MEANS THE ADDRESS THAT IS LISTED ON
76-A TENANT
77-'S OR LANDLORD'S COLORADO DRIVER'S LICENSE, IDENTIFICATION
78-CARD
79-, OR VOTER REGISTRATION; USED FOR PURPOSES OF A TENANT 'S OR
80-PAGE 2-HOUSE BILL 24-1098 LANDLORD'S PAYMENT OF STATE OR FEDERAL TAXES ; OR USED FOR THE
81-PURPOSE OF PUBLIC SCHOOL REGISTRATION AT THE TIME THAT A VALID
82-NO
83--FAULT EVICTION IS EXERCISED BY A LANDLORD PURSUANT TO SECTION
84-38-12-1303 (3).
85-(8) "P
86-ROPER SERVICE" MEANS SERVICE THAT COMPLIES WITH
87-SECTION
88-13-40-108.
89-(9) "R
90-ENT" MEANS ANY MONEY OR OTHER CONSIDERATION PAID TO
91-A LANDLORD FOR THE RIGHT TO USE
92-, POSSESS, AND OCCUPY A DWELLING
93-UNIT
94-.
95-(10) "R
96-ENTAL AGREEMENT " HAS THE MEANING SET FORTH IN
97-SECTION
98-38-12-502 (7).
99-(11) "R
100-ESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN
101-SECTION
102-38-12-502 (8).
103-(12) "S
104-HORT-TERM RENTAL PROPERTY " MEANS A RESIDENTIAL
105-PREMISES THAT IS LEASED
106-:
126+HE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS25
127+RENTING BOTH A MOBILE HOME SPACE , AS DEFINED IN SECTION26
128+38-12-201.5
129+ (6.5), AND A MOBILE HOME , AS DEFINED IN SECTION27
130+1098
131+-3- 38-12-201.5 (5), TO A MOBILE HOME PARK RESIDENT , AS DEFINED IN1
132+SECTION 38-12-201.5 (11); AND2
133+(b) T
134+HE MOBILE HOME PARK RESIDENT IS NOT RESIDING IN THE3
135+MOBILE HOME PARK UNDER A LEASE -TO-OWN AGREEMENT.4 5
136+(6) "NO-FAULT EVICTION" MEANS AN ACTION BROUGHT BY A6
137+LANDLORD PURSUANT TO ARTICLE 40 OF TITLE 13 FOR THE EVICTION OF A7
138+TENANT UNDER CONDITIONS DESCRIBED IN SECTION 38-12-1303 (3).8
139+(7) "PRIMARY RESIDENCE" MEANS THE ADDRESS THAT IS LISTED ON9
140+A TENANT'S OR LANDLORD 'S COLORADO DRIVER 'S LICENSE,10
141+IDENTIFICATION CARD, OR VOTER REGISTRATION; USED FOR PURPOSES OF11
142+A TENANT'S OR LANDLORD'S PAYMENT OF STATE OR FEDERAL TAXES ; OR12
143+USED FOR THE PURPOSE OF PUBLIC SCHOOL REGISTRATION AT THE TIME13
144+THAT A VALID NO-FAULT EVICTION IS EXERCISED BY A LANDLORD14
145+PURSUANT TO SECTION 38-12-1303 (3).15
146+(8) "PROPER SERVICE" MEANS SERVICE THAT COMPLIES WITH16
147+SECTION 13-40-108.17
148+(9) "RENT" MEANS ANY MONEY OR OTHER CONSIDERATION PAID TO18
149+A LANDLORD FOR THE RIGHT TO USE, POSSESS, AND OCCUPY A DWELLING19
150+UNIT.20
151+(10) "RENTAL AGREEMENT" HAS THE MEANING SET FORTH IN21
152+SECTION 38-12-502 (7).22
153+(11) "RESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN23
154+SECTION 38-12-502 (8).24
155+(12) "SHORT-TERM RENTAL PROPERTY " MEANS A RESIDENTIAL25
156+PREMISES THAT IS LEASED:26
107157 (a) F
108-OR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR
109-REMUNERATION AND FOR TEMPORARY
110-, RECREATIONAL, BUSINESS, OR
111-TRANSIENT PURPOSES
112-; OR
113-(b) PURSUANT TO A RENTAL AGREEMENT OR OTHER OCCUPANCY
114-AGREEMENT IF THE TENANT OF THE RENTAL AGREEMENT OR OTHER
115-OCCUPANCY AGREEMENT IS RENTING THE RESIDENTIAL PREMISES FOR LESS
116-THAN SIX MONTHS FROM A LANDLORD TO WHICH THE TENANT SOLD THE
117-RESIDENTIAL PREMISES
118-.
119-(13) "S
120-UBSTANTIAL REPAIRS OR RENOVATIONS " MEANS REPAIRS OR
121-RENOVATIONS THAT
122-:
158+OR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR27
159+1098
160+-4- REMUNERATION AND FOR TEMPORARY , RECREATIONAL, BUSINESS, OR1
161+TRANSIENT PURPOSES; OR2
162+(b) PURSUANT TO A RENTAL AGREEMENT OR OTHER OCCUPANCY3
163+AGREEMENT IF THE TENANT OF THE RENTAL AGREEMENT OR OTHER4
164+OCCUPANCY AGREEMENT IS RENTING THE RESIDENTIAL PREMISES FOR LESS5
165+THAN SIX MONTHS FROM A LANDLORD TO WHICH THE TENANT SOLD THE6
166+RESIDENTIAL PREMISES.7
167+(13) "SUBSTANTIAL REPAIRS OR RENOVATIONS" MEANS REPAIRS OR8
168+RENOVATIONS THAT:9
123169 (a) C
124-ANNOT BE REASONABLY ACCOMPLISHED IN A SAFE OR EFFICIENT
125-MANNER WITH THE TENANT IN PLACE
126-;
170+ANNOT BE REAS ONABLY ACCOMPLISHED IN A SAFE OR
171+10
172+EFFICIENT MANNER WITH THE TENANT IN PLACE ;11
127173 (b) A
128-RE NOT REPAIRS OR RENOVATIONS THAT ARE NECESSARY TO
129-REMEDY A BREACH OF THE WARRANTY OF HABITABILITY DESCRIBED IN
130-SECTION
131-38-12-503; AND
132-PAGE 3-HOUSE BILL 24-1098 (c) REQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES
133-FOR AT LEAST THIRTY DAYS
134-.
135-(14) "T
136-ENANT" HAS THE MEANING SET FORTH IN SECTION 38-12-502
137-(9).
138- "TENANT" DOES NOT INCLUDE A HOME OWNER , AS DEFINED IN SECTION
139-38-12-201.5 (2).
140-(15) "W
141-RITTEN NOTICE" MEANS WRITTEN NOTICE TO VACATE THAT :
174+RE NOT
175+ REPAIRS OR RENOVATIONS THAT ARE NECESSARY TO12
176+REMEDY A BREACH OF THE WARRANTY OF HABITABILITY DESCRIBED IN13
177+SECTION 38-12-503; AND14
178+(c) R
179+EQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES
180+15
181+FOR AT LEAST THIRTY DAYS.16
182+(14) "TENANT" HAS THE MEANING SET FORTH IN SECTION17
183+38-12-502
184+ (9). "TENANT" DOES NOT INCLUDE A HOME OWNER, AS DEFINED18
185+IN SECTION 38-12-201.5 (2).19 20
186+(15) "WRITTEN NOTICE" MEANS WRITTEN NOTICE TO VACATE21
187+THAT:22
142188 (a) C
143-OMPLIES WITH SECTION 13-40-106; AND
144-(b) IS PROVIDED TO A TENANT BY A LANDLORD OR BY A LANDLORD 'S
145-AGENT
146-.
189+OMPLIES WITH SECTION 13-40-106; AND23
190+(b) I
191+S PROVIDED TO A TENANT BY A LANDLORD OR BY A24
192+LANDLORD'S AGENT.25
147193 38-12-1302. Applicability. (1) T
148-HIS PART 13 APPLIES TO EVERY
149-RESIDENTIAL PREMISES IN THE STATE
150-; EXCEPT THAT THIS PART 13 DOES NOT
151-APPLY TO
152-:
194+HIS PART 13 APPLIES TO EVERY26
195+RESIDENTIAL PREMISES IN THE STATE; EXCEPT THAT THIS PART 13 DOES27
196+1098
197+-5- NOT APPLY TO:1
153198 (a) A
154199 SHORT-TERM RENTAL PROPERTY;
200+ 2
155201 (b) A
156- DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL
157-PREMISES IF THE OWNER OR MASTER TENANT LIVES IN AND MAINTAINS THE
158-RESIDENTIAL PREMISES AS THE OWNER
159-'S OR MASTER TENANT'S PRIMARY
160-RESIDENCE OR IF THE OWNER OF THE RESIDENTIAL PREMISES LIVES IN A
161-PROPERTY THAT IS ADJACENT TO THE RESIDENTIAL PREMISES AND THAT THE
162-OWNER MAINTAINS AS THE OWNER
163-'S PRIMARY RESIDENCE AND THE
164-RESIDENTIAL PREMISES OR THE OWNER
165-'S ADJACENT PROPERTY:
202+ DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL3 PREMISES IF THE OWNER OR MASTER TENANT LIVES IN AND MAINTAINS THE4
203+RESIDENTIAL PREMISES AS THE OWNER'S OR MASTER TENANT'S PRIMARY5
204+RESIDENCE OR IF THE OWNER OF THE RESIDENTIAL PREMISES LIVES IN A6
205+PROPERTY THAT IS ADJACENT TO THE RESIDENTIAL PREMISES AND THAT7
206+THE OWNER MAINTAINS AS THE OWNER 'S PRIMARY RESIDENCE AND THE8
207+RESIDENTIAL PREMISES OR THE OWNER 'S ADJACENT PROPERTY:9
166208 (I) I
167-S:
209+S:10
168210 (A) A
169- SINGLE-FAMILY HOME WITH OR WITHOUT AN ACCESSORY
170-DWELLING UNIT THAT IS LOCATED ON THE SAME LOT AND ATTACHED
171-,
172-SEMI-ATTACHED, OR UNATTACHED TO THE SINGLE-FAMILY HOME;
211+ SINGLE-FAMILY HOME WITH OR WITHOUT AN ACCESSORY11
212+DWELLING UNIT THAT IS LOCATED ON THE SAME LOT AND ATTACHED ,12
213+SEMI-ATTACHED, OR UNATTACHED TO THE SINGLE-FAMILY HOME;13
173214 (B) A
174- DUPLEX; OR
175-(C) A TRIPLEX; AND
176-(II) IS NOT A MULTIFAMILY PROPERTY OF FOUR OR MORE DWELLING
177-UNITS
178-;
179-PAGE 4-HOUSE BILL 24-1098 (c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.5
215+ DUPLEX; OR14
216+(C) A
217+ TRIPLEX; AND15
218+(II) IS NOT A MULTIFAMILY PROPERTY OF FOUR OR MORE DWELLING16
219+UNITS;17
220+(c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.518
180221 (6.5),
181- THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION
182-38-12-201.5 (2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME
183-SPACE PURSUANT TO A LEASE
184--TO-OWN AGREEMENT, PURCHASE OPTION, OR
185-SIMILAR AGREEMENT
186-;
187-(d) A
188- RESIDENTIAL PREMISES THAT IS LEASED TO A TENANT
189-PURSUANT TO AN EMPLOYER
190--PROVIDED HOUSING AGREEMENT , AS DEFINED
191-IN SECTION
192-13-40-104 (5)(a);
193-(e) A
194- RESIDENTIAL TENANT WHO HAS NOT BEEN A TENANT OF A
195-RESIDENTIAL PREMISES FOR AT LEAST TWELVE MONTHS
196-; OR
197-(f) A RESIDENTIAL TENANT WHO IS NOT KNOWN TO THE LANDLORD
198-TO BE A TENANT OF THE RESIDENTIAL PREMISES
199-.
200-38-12-1303. Cause for eviction required - no-fault evictions.
222+ THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION19
223+38-12-201.5
224+ (2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME20
225+SPACE PURSUANT TO A LEASE-TO-OWN AGREEMENT, PURCHASE OPTION, OR21
226+SIMILAR AGREEMENT;22
227+(d) A RESIDENTIAL PREMISES THAT IS LEASED TO A TENANT23
228+PURSUANT TO AN EMPLOYER-PROVIDED HOUSING AGREEMENT , AS DEFINED24
229+IN SECTION 13-40-104 (5)(a);25
230+(e) A RESIDENTIAL TENANT WHO HAS NOT BEEN A TENANT OF A26
231+RESIDENTIAL PREMISES FOR AT LEAST TWELVE MONTHS; OR27
232+1098
233+-6- (f) A RESIDENTIAL TENANT WHO IS NOT KNOWN TO THE LANDLORD1
234+TO BE A TENANT OF THE RESIDENTIAL PREMISES .2
235+38-12-1303. Cause for eviction required - no-fault evictions.3
201236 (1) A
202- LANDLORD SHALL NOT SERVE A NOTICE TO TERMINATE TENANCY OR
203-A DEMAND FOR POSSESSION OR OTHERWISE PROCEED WITH AN ACTION FOR
204-UNLAWFUL DETAINER PURSUANT TO ARTICLE
205-40 OF TITLE 13 UNLESS THERE
206-IS CAUSE FOR THE EVICTION
207-.
237+ LANDLORD SHALL NOT SERVE A NOTICE TO TERMINATE TENANCY OR4
238+A DEMAND FOR POSSESSION OR OTHERWISE PROCEED WITH AN ACTION FOR5
239+UNLAWFUL DETAINER PURSUANT TO ARTICLE 40 OF TITLE 13 UNLESS6
240+THERE IS CAUSE FOR THE EVICTION.7
208241 (2) F
209-OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, CAUSE
210-EXISTS ONLY AS DESCRIBED IN THE FOLLOWING SECTIONS
211-:
242+OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, CAUSE8
243+EXISTS ONLY AS DESCRIBED IN THE FOLLOWING SECTIONS :9
212244 (a) S
213-ECTION 13-40-104 (1)(a) FOR WHEN ENTRY IS MADE WITHOUT
214-RIGHT OR TITLE INTO ANY VACANT OR UNOCCUPIED LANDS OR TENEMENTS
215-;
245+ECTION 13-40-104 (1)(a) FOR WHEN ENTRY IS MADE WITHOUT10
246+RIGHT OR TITLE INTO ANY VACANT OR UNOCCUPIED L ANDS OR TENEMENTS ;11
216247 (b) S
217-ECTION 13-40-104 (1)(b) FOR WHEN ENTRY IS MADE
218-WRONGFULLY INTO CERTAIN PUBLIC LANDS
219-, TENEMENTS, MINING CLAIMS, OR
220-OTHER POSSESSIONS
221-;
248+ECTION 13-40-104 (1)(b) FOR WHEN ENTRY IS MADE12
249+WRONGFULLY INTO CERTAIN PUBLIC LANDS , TENEMENTS, MINING CLAIMS,13
250+OR OTHER POSSESSIONS;14
222251 (c) S
223-ECTION 13-40-104 (1)(c) FOR WHEN A LESSEE OR TENANT AT
224-WILL
225-, OR AT SUFFERANCE, OF ANY NONRESIDENTIAL REAL PROPERTY OR
226-RESIDENTIAL PREMISES DESCRIBED IN SECTION
227-38-12-1302 (1)(a), (1)(b),
228-(1)(d), (1)(e),
229-OR (1)(f) HOLDS OVER AND CONTINUES IN POSSESSION OF THE
230-PROPERTY OR PREMISES
231-, OR ANY PORTION OF THE PROPERTY OR PREMISES ,
232-AFTER THE EXPIRATION OF THE TERM FOR WHICH THE PROPERTY OR
233-PREMISES WAS LEASED OR AFTER THE TENANCY
234-, AT WILL OR AT SUFFERANCE,
235-HAS BEEN TERMINATED BY EITHER PARTY ;
236-PAGE 5-HOUSE BILL 24-1098 (d) SECTION 13-40-104 (1)(d) FOR NONPAYMENT OF RENT ;
252+ECTION 13-40-104 (1)(c) FOR WHEN A LESSEE OR TENANT AT15
253+WILL, OR AT SUFFERANCE, OF ANY NONRESIDENTIAL REAL PROPERTY OR16
254+RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-1302
255+(1)(a), (1)(b),17
256+(1)(d), (1)(e), OR (1)(f) HOLDS OVER AND CONTINUES IN POSSESSION OF18
257+THE PROPERTY OR PREMISES , OR ANY PORTION OF THE PROPERTY OR19
258+PREMISES, AFTER THE EXPIRATION OF THE TERM FOR WHICH THE PROPERTY20
259+OR PREMISES WAS LEASED OR AFTER THE TENANCY , AT WILL OR AT21
260+SUFFERANCE, HAS BEEN TERMINATED BY EITHER PARTY ;22
261+(d) S
262+ECTION 13-40-104 (1)(d) FOR NONPAYMENT OF RENT ;23
237263 (e) S
238-ECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION, AS
239-DESCRIBED IN SECTION
240-13-40-107.5;
264+ECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION,24
265+AS DESCRIBED IN SECTION 13-40-107.5;25
241266 (f) S
242-ECTION 13-40-104 (1)(e) FOR A MATERIAL VIOLATION OF THE
243-LEASE OR RENTAL AGREEMENT
244-;
245-(g) S
246-ECTION 13-40-104 (1)(e.5) FOR A REPEAT VIOLATION AFTER
247-RECEIPT OF PROPER NOTICE OF A VIOLATION
248-;
267+ECTION 13-40-104 (1)(e) FOR A MATERIAL VIOLATION OF THE26
268+LEASE OR RENTAL AGREEMENT ;27
269+1098
270+-7- (g) SECTION 13-40-104 (1)(e.5) FOR A REPEAT VIOLATION AFTER1
271+RECEIPT OF PROPER NOTICE OF A VIOLATION;2
249272 (h) S
250-ECTION 13-40-104 (1)(e.8) AND SUBSECTION (3) OF THIS
251-SECTION CONCERNING NO
252--FAULT EVICTIONS;
273+ECTION 13-40-104 (1)(e.8) AND SUBSECTION (3) OF THIS3
274+SECTION CONCERNING NO-FAULT EVICTIONS;4
253275 (i) S
254-ECTION 13-40-104 (1)(f) FOR POSSESSION AFTER A LEGAL SALE;
255-(j) S
256-ECTION 13-40-104 (1)(g) FOR WHEN PROPERTY HAS BEEN SOLD
257-UNDER A JUDGMENT OR DECREE AND THE PARTY OR PRIVIES TO THE
258-JUDGMENT OR DECREE REFUSE OR NEGLECT TO SURRENDER POSSESSION
259-AFTER THE EXPIRATION OF THE TIME OF REDEMPTION
260-, WHEN REDEMPTION IS
261-ALLOWED BY LAW
262-, AFTER THE PURCHASER DEMANDS THE PROPERTY ;
263-(k) S
264-ECTION 13-40-104 (1)(h) FOR WHEN AN HEIR OR DEVISEE
265-CONTINUES IN POSSESSION OF A PREMISES SOLD AND CONVEYED BY A
266-PERSONAL REPRESENTATIVE
267-;
268-(l) S
269-ECTION 13-40-104 (1)(i) FOR A VENDEE THAT HOLDS OVER
270-AFTER FAILING TO COMPLY WITH AN AGREEMENT TO PURCHASE LANDS OR
271-TENEMENTS
272-; AND
273-(m) SECTION 13-40-104 (1)(j) FOR WHEN A TENANT HAS ENGAGED
274-IN CONDUCT THAT CREATES A NUISANCE OR DISTURBANCE THAT INTERFERES
275-WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER TENANTS AT THE
276-PROPERTY OR WHERE THE TENANT IS NEGLIGENTLY DAMAGING THE
277-PROPERTY
278-.
276+ECTION 13-40-104 (1)(f) FOR POSSESSION AFTER A LEGAL
277+5
278+SALE;6
279+(j) SECTION 13-40-104 (1)(g) FOR WHEN PROPERTY HAS BEEN SOLD7
280+UNDER A JUDGMENT OR DECREE AND THE PARTY OR PRIVIES TO THE8
281+JUDGMENT OR DECREE REFUSE OR NEGLECT TO SURRENDER POSSESSION9
282+AFTER THE EXPIRATION OF THE TIME OF REDEMPTION , WHEN REDEMPTION10
283+IS ALLOWED BY LAW, AFTER THE PURCHASER DEMANDS THE PROPERTY ;11
284+(k) SECTION 13-40-104 (1)(h) FOR WHEN AN HEIR OR DEVISEE12
285+CONTINUES IN POSSESSION OF A PREMISES SOLD AND CONVEYED BY A13
286+PERSONAL REPRESENTATIVE ; 14
287+(l) SECTION 13-40-104 (1)(i) FOR A VENDEE THAT HOLDS OVER15
288+AFTER FAILING TO COMPLY WITH AN AGREEMENT TO PURCHASE LANDS OR16
289+TENEMENTS; AND17
290+(m) SECTION 13-40-104 (1)(j) FOR WHEN A TENANT HAS ENGAGED18
291+IN CONDUCT THAT CREATES A NUISANCE OR DISTURBANCE THAT19
292+INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER20
293+TENANTS AT THE PROPERTY OR WHERE THE TENANT IS NEGLIGENTLY21
294+DAMAGING THE PROPERTY .22
279295 (3) I
280-N ADDITION TO THE REQUIREMENTS OF SUBSECTION (5) OF THIS
281-SECTION
282-, THE FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A
283-NO
284--FAULT EVICTION OF A TENANT:
285-PAGE 6-HOUSE BILL 24-1098 (a) Demolition or conversion of residential premises. W HEN A
286-LANDLORD PLANS TO DEMOLISH A RESIDENTIAL PREMISES
287-, CONVERT IT TO A
288-NONRESIDENTIAL USE
289-, OR CONVERT IT TO A SHORT-TERM RENTAL PROPERTY,
290-THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A TENANT OF THE
291-RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE RENTAL
292-AGREEMENT SO LONG AS THE LANDLORD
293-:
296+N ADDITION TO THE REQUIREMENTS OF SUBSECTION (5) OF THIS23
297+SECTION, THE FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A24
298+NO-FAULT EVICTION OF A TENANT:25
299+(a) Demolition or conversion of residential premises. W
300+HEN A26
301+LANDLORD PLANS TO DEMOLISH A RESIDENTIAL PREMISES , CONVERT IT TO27
302+1098
303+-8- A NONRESIDENTIAL USE, OR CONVERT IT TO A SHORT -TERM RENTAL1
304+PROPERTY, THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A2
305+TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE3
306+RENTAL AGREEMENT SO LONG AS THE LANDLORD :4
294307 (I) A
295-LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
296-THE WRITTEN NOTICE DESCRIBED IN SUBSECTION
297- (3)(a)(II) OF THIS SECTION
298-TO VACATE THE RESIDENTIAL PREMISES
299-, DURING WHICH TIME THE TENANT
300-MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME
301-TERMS OF THE TENANT
302-'S EXISTING RENTAL AGREEMENT ; AND
303-(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
304-OF THE NO
305--FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES:
308+LLOWS THE TENANT AT LEAST NINETY DAYS
309+AFTER RECEIVING5
310+THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(a)(II) OF THIS6
311+SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE7
312+TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES8
313+UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL AGREEMENT;9
314+AND10
315+(II) P
316+ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE11
317+OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES:12
306318 (A) T
307-HE DATE BY WHICH THE TENANT MUST VACATE THE
308-RESIDENTIAL PREMISES
309-, WHICH DATE MUST BE AT LEAST NINETY DAYS AFTER
310-THE DATE UPON WHICH THE LANDLORD PROVIDES THE WRITTEN NOTICE TO
311-THE TENANT
312-; AND
313-(B) A DESCRIPTION AND TIMELINE OF THE DEMOLITION OR
314-CONVERSION OF THE RESIDENTIAL PREMISES AND A MATERIAL
315-DEMONSTRATION OF THE PROPOSED DATE UPON WHICH THE PROJECT WILL
316-COMMENCE
317-, SUCH AS A COPY OF A BUILDING PERMIT OR APPLICATION FOR A
318-PERMIT OR LICENSE TO OPERATE A SHORT
319--TERM RENTAL PROPERTY, WHERE
320-APPLICABLE
321-.
319+HE DATE BY WHICH THE TENANT MUST VACATE THE13
320+RESIDENTIAL PREMISES, WHICH DATE MUST BE AT LEAST NINETY DAYS14
321+AFTER THE DATE UPON WHICH THE LANDLORD PROVIDES THE WRITTEN15
322+NOTICE TO THE TENANT; AND16
323+(B) A
324+ DESCRIPTION AND TIMELINE OF THE DEMOLITION OR17
325+CONVERSION OF THE RESIDENTIAL PREMISES AND A MATERIAL18
326+DEMONSTRATION OF THE PROPOSED DATE UPON WHICH THE PROJECT WILL19
327+COMMENCE, SUCH AS A COPY OF A BUILDING PERMIT OR APPLICATION FOR20
328+A PERMIT OR LICENSE TO OPERATE A SHORT -TERM RENTAL PROPERTY ,21
329+WHERE APPLICABLE.22
322330 (b) Substantial repairs or renovations. (I) E
323-XCEPT AS DESCRIBED
324-IN SUBSECTION
325- (3)(b)(II) OF THIS SECTION, WHEN A LANDLORD PLANS TO
326-MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A RESIDENTIAL PREMISES
327-,
328-THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A TENANT OF THE
329-RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE RENTAL
330-AGREEMENT SO LONG AS THE LANDLORD
331-:
331+XCEPT AS23
332+DESCRIBED IN SUBSECTION (3)(b)(II) OF THIS SECTION, WHEN A LANDLORD24
333+PLANS TO MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A25
334+RESIDENTIAL PREMISES, THE LANDLORD MAY INITIATE A NO -FAULT26
335+EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE27
336+1098
337+-9- TERM OF THE RENTAL AGREEMENT SO LONG AS THE LANDLORD :1
332338 (A) A
333-LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
334-THE WRITTEN NOTICE DESCRIBED IN SUBSECTION
335- (3)(b)(I)(B) OF THIS
336-SECTION TO VACATE THE RESIDENTIAL PREMISES
337-, DURING WHICH TIME THE
338-TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER
339-THE SAME TERMS OF THE TENANT
340-'S EXISTING RENTAL AGREEMENT ;
341-PAGE 7-HOUSE BILL 24-1098 (B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
342-OF THE NO
343--FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES THE DATE BY
344-WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES
345-, WHICH DATE
346-MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE
347-LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT
348-;
339+LLOWS THE TENANT AT LEAST NINETY DAYS
340+AFTER2
341+RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(b)(I)(B)3
342+OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH4
343+TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL5
344+PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL6
345+AGREEMENT;7
346+(B) P
347+ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE8
348+OF THE NO-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES THE DATE9
349+BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES , WHICH10
350+DATE MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE11
351+LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT ;12
349352 (C) P
350-ROVIDES THE TENANT AN EXPECTED COMPLETION DATE AND A
351-GENERAL DESCRIPTION OF THE SUBSTANTIAL REPAIRS OR RENOVATIONS TO
352-THE RESIDENTIAL PREMISES
353-;
353+ROVIDES THE TENANT AN EXPECTED COMPLETION DATE AND
354+13
355+A GENERAL DESCRIPTION OF THE SUBSTANTIAL REPAIRS OR RENOVATIONS14
356+TO THE RESIDENTIAL PREMISES;15
354357 (D) P
355-ROCEEDS WITHOUT UNREAS ONABLE DELAY TO EFFECT THE
356-SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD
357-'S RECOVERY
358-OF POSSESSION OF THE RESIDENTIAL PREMISES
359-; AND
360-(E) FOR ANY REPAIRS OR RENOVATIONS EXPECTED TO LAST LESS
361-THAN ONE HUNDRED EIGHTY DAYS
362-, PROVIDES THE TENANT A WRITTEN
363-NOTICE SENT IN A MANNER THAT THE LANDLORD TYPICALLY USES TO
364-COMMUNICATE WITH THE TENANT
365-, WHICH NOTICE INCLUDES THE EXPECTED
366-COMPLETION DATE FOR THE REPAIRS OR RENOVATIONS
367-. IF, WITHIN TEN DAYS
368-AFTER RECEIVING THE NOTICE
369-, THE TENANT NOTIFIES THE LANDLORD THAT
370-THE TENANT WANTS TO RETURN TO THE RESIDENTIAL PREMISES
371-, THE
372-LANDLORD SHALL OFFER THE TENANT THE FIRST RIGHT OF REFUSAL TO SIGN
373-A NEW RENTAL AGREEMENT WITH REASONABLE TERMS
374-. IF THE TENANT
375-ACCEPTS THE NEW RENTAL AGREEMENT
376-, THE TENANT HAS THIRTY DAYS TO
377-OCCUPY THE RESIDENTIAL PREMISES UNLESS THE PARTIES MUTUALLY AGREE
378-ON AN EXTENDED TIMELINE IN WRITING
379-.
358+ROCEEDS WITHOUT UNREAS ONABLE DELAY TO EFFECT THE16
359+SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD 'S17
360+RECOVERY OF POSSESSION OF THE RESIDENTIAL PREMISES ; AND18
361+
362+19
363+(E) F
364+OR ANY REPAIRS OR RENOVATIONS EXPECTED TO LAST LESS
365+20
366+THAN ONE HUNDRED EIGHTY DAYS , PROVIDES THE TENANT A WRITTEN21
367+NOTICE SENT IN A MANNER THAT THE LANDLORD TYPICALLY USES TO22
368+COMMUNICATE WITH THE TENANT , WHICH NOTICE INCLUDES THE23
369+EXPECTED COMPLETION DATE FOR THE REPAIRS OR RENOVATIONS . IF,24
370+WITHIN TEN DAYS AFTER RECEIVING THE NOTICE , THE TENANT NOTIFIES25
371+THE LANDLORD THAT THE TENANT WANTS TO RETURN TO THE RESIDENTIAL26
372+PREMISES, THE LANDLORD SHALL OFFER THE TENANT THE FIRST RIGHT OF27
373+1098
374+-10- REFUSAL TO SIGN A NEW RENTAL AGREEMENT WITH REASONABLE TERMS .1
375+I
376+F THE TENANT ACCEPTS THE NEW RENTAL AGREEMENT , THE TENANT HAS
377+2
378+THIRTY DAYS TO OCCUPY THE RESIDENTIAL PREMISES UNLESS THE PARTIES3
379+MUTUALLY AGREE ON AN EXTENDED TIMELINE IN WRITING .4
380380 (II) A
381- LANDLORD SHALL NOT INITIATE A NO-FAULT EVICTION OF A
382-TENANT AS DESCRIBED IN SUBSECTION
383- (3)(b)(I) OF THIS SECTION IF THE
384-SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED BASIS OF
385-THE NO
386--FAULT EVICTION ARE:
381+ LANDLORD SHALL NOT INITIATE A NO-FAULT EVICTION OF A5
382+TENANT AS DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION IF THE6
383+SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED BASIS OF7
384+THE NO-FAULT EVICTION ARE:8
387385 (A) R
388386 EQUIRED IN ORDER FOR THE LANDLORD TO SATISFY ALL
389-REQUIRED REMEDIAL ACTION DESCRIBED IN SECTION
390-38-12-503 CONCERNING
391-A BREACH OF THE WARRANTY OF HABITABILITY
392-; OR
393-(B) INITIATED BY THE LANDLORD IN RETALIATION AGAINST THE
394-TENANT
395-, AS DESCRIBED IN SECTION 38-12-509 (1).
396-(c) Landlord or family member of landlord assumes occupancy.
397-PAGE 8-HOUSE BILL 24-1098 (I) WHEN A LANDLORD PLANS TO RECOVER POSSESSION OF A RESIDENTIAL
398-PREMISES FOR THE LANDLORD
399-'S OWN USE AND OCCUPANCY AS A RESIDENCE ,
400-OR FOR THE USE AND OCCUPANCY AS A RESIDENCE BY THE LANDLORD 'S
401-FAMILY MEMBER
402-, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION OF A
403-TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE
404-RENTAL AGREEMENT SO LONG AS
405-:
406-(A) E
407-XCEPT AS DESCRIBED IN SUBSECTION (3)(c)(III) OF THIS
408-SECTION
409-, THE LANDLORD OR THE LANDLORD'S FAMILY MEMBER MOVES INTO
410-THE RESIDENTIAL PREMISES WITHIN THREE MONTHS AFTER THE TENANT
411-VACATES THE RESIDENTIAL PREMISES
412-;
413-(B) E
414-XCEPT AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS
415-SECTION
416-, THE LANDLORD PROVIDES THE TENANT PROPER SERVICE OF A
417-WRITTEN NOTICE OF THE NO
418--FAULT EVICTION AT LEAST NINETY DAYS BEFORE
419-THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES
420-,
421-DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION OF THE
422-RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT
423-'S EXISTING
424-RENTAL AGREEMENT
425-;
426-(C) N
427-O SUBSTANTIALLY EQUIVALENT UNIT IS VACANT AND
428-AVAILABLE TO HOUSE THE LANDLORD OR THE LANDLORD
429-'S FAMILY MEMBER
430-IN THE SAME BUILDING
431-; AND
432-(D) THE LANDLORD DOES NOT LIST THE RESIDENTIAL PREMISES FOR
433-A LONG
434--TERM OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER
435-THE DATE THE TENANT IS REQUIRED TO VACATE
436-.
437-(II) I
438-F THE LANDLORD IS AN INDIVIDUAL ON ACTIVE MILITARY DUTY
439-FOR THE
440-UNITED STATES MILITARY FORCES OR A SPOUSE OF SUCH AN
441-INDIVIDUAL
442-, THE LANDLORD MUST PROVIDE THE TENANT PROPER SERVICE OF
443-A WRITTEN NOTICE OF THE NO
444--FAULT EVICTION AT LEAST FORTY-FIVE DAYS
445-BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL
446-PREMISES
447-, DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION OF
448-THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT
449-'S
450-EXISTING RENTAL AGREEMENT
451-.
452-(III) I
453-F THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER IS A
454-PERSON WITH A DISABILITY
455-, THE LANDLORD MAY EXTEND FOR A
456-REASONABLE TIME THE PERIOD OF TIME DESCRIBED SUBSECTION
457- (3)(c)(I)(A)
458-PAGE 9-HOUSE BILL 24-1098 OF THIS SECTION TO ALLOW FOR CHANGES TO BE MADE TO THE RESIDENTIAL
459-PREMISES TO ACCOMMODATE THE FAMILY MEMBER WITH THE DISABILITY
460-.
461-(d) Withdrawal from rental market for the purpose of selling the
462-residential premises. (I) W
463-HEN A LANDLORD PLANS TO SELL A
464-RESIDENTIAL PREMISES THAT IS A SINGLE
465--FAMILY HOME, A TOWNHOME, A
466-DUPLEX
467-, A TRIPLEX, OR AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD
468-MAY INITIATE A NO
469--FAULT EVICTION OF A TENANT OF THE RESIDENTIAL
470-PREMISES AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS
471-THE LANDLORD
472-:
387+9
388+REQUIRED REMEDIAL ACTION DESCRIBED IN SECTION 38-12-50310
389+CONCERNING A BREACH OF THE WARRANTY OF HABITABILITY ; OR11
390+(B) I
391+NITIATED BY THE LANDLORD IN RETALIATION AGAINST THE12
392+TENANT, AS DESCRIBED IN SECTION 38-12-509 (1).13
393+(c) Landlord or family member of landlord assumes14
394+occupancy.
395+(I) WHEN A LANDLORD PLANS TO RECOVER POSSESSION OF15
396+A RESIDENTIAL PREMISES FOR THE LANDLORD'S OWN USE AND OCCUPANCY16
397+AS A RESIDENCE, OR FOR THE USE AND OCCUPANCY AS A RESIDENCE17
398+BY THE LANDLORD'S FAMILY MEMBER, THE LANDLORD MAY INITIATE A18
399+NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL PREMISES AT THE19
400+END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS :20
401+(A) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(III) OF THIS21
402+SECTION, THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER MOVES22
403+INTO THE RESIDENTIAL PREMISES WITHIN THREE MONTHS AFTER THE23
404+TENANT VACATES THE RESIDENTIAL PREMISES ;24
405+(B) EXCEPT AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS25
406+SECTION, THE LANDLORD PROVIDES THE TENANT PROPER SERVICE OF A26
407+WRITTEN NOTICE OF THE NO -FAULT EVICTION AT LEAST NINETY DAYS27
408+1098
409+-11- BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL1
410+PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION2
411+OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT 'S3
412+EXISTING RENTAL AGREEMENT ; 4
413+(C) NO SUBSTANTIALLY EQUIVALENT UNIT IS VACANT AND5
414+AVAILABLE TO HOUSE THE LANDLORD OR THE L ANDLORD 'S FAMILY6
415+MEMBER IN THE SAME BUILDING; AND7
416+(D)
417+ THE LANDLORD DOES NOT LIST THE RESIDENTIAL PREMISES FOR
418+8
419+A LONG-TERM OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER9
420+THE DATE THE TENANT IS REQUIRED TO VACATE .10
421+(II) IF THE LANDLORD IS AN INDIVIDUAL ON ACTIVE MILITARY11
422+DUTY FOR THE UNITED STATES MILITARY FORCES OR A SPOUSE OF SUCH AN12
423+INDIVIDUAL, THE LANDLORD MUST PROVIDE THE TENANT PROPER SERVICE13
424+OF A WRITTEN NOTICE OF THE NO-FAULT EVICTION AT LEAST FORTY-FIVE14
425+DAYS BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE15
426+RESIDENTIAL PREMISES, DURING WHICH TIME THE TENANT MAY REMAIN IN16
427+POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF17
428+THE TENANT'S EXISTING RENTAL AGREEMENT .18
429+(III) IF THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER IS A19
430+PERSON WITH A DISABILITY, THE LANDLORD MAY EXTEND FOR A20
431+REASONABLE TIME THE PERIOD OF TIME DESCRIBED SUBSECTION21
432+(3)(c)(I)(A) OF THIS SECTION TO ALLOW FOR CHANGES TO BE MADE TO THE22
433+RESIDENTIAL PREMISES TO ACCOMMODATE THE FAMILY MEMBER WITH THE23
434+DISABILITY.24
435+ 25
436+(d) Withdrawal from rental market for the purpose of selling26
437+the residential premises. (I) W
438+HEN A LANDLORD PLANS TO SELL A27
439+1098
440+-12- RESIDENTIAL PREMISES THAT IS A SINGLE-FAMILY HOME, A TOWNHOME, A1
441+DUPLEX, TRIPLEX, OR AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD2
442+MAY INITIATE A NO-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL3
443+PREMISES AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO LONG4
444+AS THE LANDLORD:5
473445 (A) A
474-LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
475-THE WRITTEN NOTICE DESCRIBED IN SUBSECTION
476- (3)(d)(I)(B) OF THIS
477-SECTION TO VACATE THE RESIDENTIAL PREMISES
478-, DURING WHICH TIME THE
479-TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER
480-THE SAME TERMS OF THE TENANT
481-'S EXISTING RENTAL AGREEMENT ;
446+LLOWS THE TENANT AT LEAST
447+NINETY DAYS AFTER6
448+RECEIVING THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (3)(d)(I)(B)7
449+OF THIS SECTION TO VACATE THE RESIDENTIAL PREMISES , DURING WHICH8
450+TIME THE TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL9
451+PREMISES UNDER THE SAME TERMS OF THE TENANT 'S EXISTING RENTAL10
452+AGREEMENT;11
482453 (B) P
483-ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
484-OF THE LANDLORD
485-'S INTENT TO WITHDRAW THE RESIDENTIAL PREMISES FROM
486-THE RENTAL MARKET AND SELL THE RESIDENTIAL PREMISES
487-, WHICH NOTICE
488-INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO VACATE
489-;
490-AND
491-(C) DOES NOT LIST THE RESIDENTIAL PREMISES FOR A LONG-TERM OR
492-SHORT
493--TERM RENTAL FOR AT LEAST NINETY DAYS AFTER THE DATE ON
494-WHICH THE TENANT IS REQUIRED TO VACATE
495-; EXCEPT THAT THIS SUBSECTION
496-(3)(d)(I)(C) DOES NOT APPLY IF THE LANDLORD PRODUCES EVIDENCE THAT
497-THE RESIDENTIAL PREMISES WAS LISTED FOR SALE ON A MULTIPLE
498--LISTING
499-SERVICE AFTER THE TENANT WAS REQUIRED TO VACATE
500-.
454+ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE12
455+OF THE LANDLORD'S INTENT TO WITHDRAW THE RESIDENTIAL PREMISES13
456+FROM THE RENTAL MARKET AND SELL THE RESIDENTIAL PREMISES , WHICH14
457+NOTICE INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO15
458+VACATE; AND16
459+(C) D
460+OES NOT LIST THE RESIDENTIAL PREMISES FOR A LONG-TERM17
461+OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER THE DATE ON18
462+WHICH THE TENANT IS REQUIRED TO
463+VACATE; EXCEPT THAT THIS19
464+SUBSECTION (3)(d)(I)(C) DOES NOT APPLY IF THE LANDLORD PRODUCES20
465+EVIDENCE THAT THE RESIDENTIAL PREMISES WAS LISTED FOR SALE ON A21
466+MULTIPLE-LISTING SERVICE AFTER THE TENANT WAS REQUIRED TO22
467+VACATE.23
501468 (II) N
502-OTHING IN THIS SUBSECTION (3)(d) MAY BE CONSTRUED TO
503-ALLOW A LANDLORD TO INITIATE A NO
504--FAULT EVICTION OR OTHERWISE
505-TERMINATE A RENTAL AGREEMENT WITHOUT CAUSE BEFORE THE END OF THE
506-TERM OF THE RENTAL AGREEMENT
507-.
508-(e) Tenant refuses to sign new lease with reasonable terms. I
509-F A
510-TENANT REFUSES TO SIGN A NEW RENTAL AGREEMENT WITH REASONABLE
511-TERMS
512-, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION OF THE TENANT
513-SO LONG AS THE LANDLORD
514-:
515-PAGE 10-HOUSE BILL 24-1098 (I) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
516-THE NOTICE DESCRIBED IN SUBSECTION
517- (3)(e)(II) OF THIS SECTION TO
518-VACATE THE RESIDENTIAL PREMISES AFTER THE TENANT HAS REFUSED TO
519-SIGN THE NEW RENTAL AGREEMENT
520-, DURING WHICH TIME THE TENANT MAY
521-REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME
522-TERMS AS THE TENANT
523-'S EXISTING RENTAL AGREEMENT ; AND
524-(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
525-OF THE LANDLORD
526-'S INTENT TO TERMINATE THE TENANCY , WHICH NOTICE
527-INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO VACATE
528-.
529-(f) History of nonpayment of rent. (I) I
530-F A TENANT SUBMITS A
531-RENT PAYMENT LATE MORE THAN TWO TIMES DURING THE PERIOD OF THE
532-RENTAL AGREEMENT
533-, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION
534-OF THE TENANT AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO
535-LONG AS THE LANDLORD
536-:
537-(A) A
538-LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
539-THE NOTICE DESCRIBED IN SUBSECTION
540- (3)(f)(I)(B) OF THIS SECTION TO
541-VACATE THE RESIDENTIAL PREMISES
542-, DURING WHICH TIME THE TENANT MAY
543-REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME
544-TERMS AS THE TENANT
545-'S EXISTING RENTAL AGREEMENT ; AND
546-(B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
547-OF THE LANDLORD
548-'S INTENT TO TERMINATE THE TENANCY , WHICH NOTICE
549-INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO VACATE
550-.
551-(II) F
552-OR PURPOSES OF THIS SUBSECTION (3)(f), A RENT PAYMENT
553-QUALIFIES AS LATE IF IT IS SUBMITTED MORE THAN TEN CALENDAR DAYS
554-AFTER THE DAY IT IS DUE ACCORDING TO THE RENTAL AGREEMENT AND THE
555-LANDLORD PROVIDES THE TENANT WITH PROPER SERVICE OF A WRITTEN
556-NOTICE UNDER SECTION
557-13-40-104 (1)(d).
558-(III) T
559-HIS SUBSECTION (3)(f) DOES NOT APPLY IF THE RENT PAYMENT
560-IS SUBMITTED WITHIN THE CURE PERIOD DESCRIBED IN SECTION
561-13-40-104
562-(1)(d).
469+OTHING IN THIS SUBSECTION
470+(3)(d) MAY BE CONSTRUED TO24
471+ALLOW A LANDLORD TO INITIATE A NO -FAULT EVICTION OR OTHERWISE25
472+TERMINATE A RENTAL AGREEMENT WITHOUT CAUSE BEFORE THE END OF26
473+THE TERM OF THE RENTAL AGREEMENT .27
474+1098
475+-13- (e) Tenant refuses to sign new lease with reasonable terms. I F1
476+A TENANT REFUSES TO SIGN A NEW RENTAL AGREEMENT WITH2
477+REASONABLE TERMS, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION3
478+OF THE TENANT SO LONG AS THE LANDLORD :4
479+(I) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING5
480+THE NOTICE DESCRIBED IN SUBSECTION (3)(e)(II) OF THIS SECTION TO6
481+VACATE THE RESIDENTIAL PREMISES AFTER THE TENANT HAS REFUSED TO7
482+SIGN THE NEW RENTAL AGREEMENT , DURING WHICH TIME THE TENANT8
483+MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE9
484+SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT ; AND10
485+(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE11
486+OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE12
487+INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO13
488+VACATE.14
489+(f) History of nonpayment of rent. (I) IF A TENANT SUBMITS A15
490+RENT PAYMENT LATE MORE THAN TWO TIMES DURING THE PERIOD OF THE16
491+RENTAL AGREEMENT, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION17
492+OF THE TENANT AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO18
493+LONG AS THE LANDLORD:19
494+(A) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER20
495+RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (3)(f)(I)(B) OF THIS21
496+SECTION TO VACATE THE RESIDENTIAL PREMISES, DURING WHICH TIME THE22
497+TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES23
498+UNDER THE SAME TERMS AS THE TENANT'S EXISTING RENTAL AGREEMENT;24
499+AND25
500+(B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE26
501+OF THE LANDLORD'S INTENT TO TERMINATE THE TENANCY, WHICH NOTICE27
502+1098
503+-14- INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO1
504+VACATE.2
505+(II) FOR PURPOSES OF THIS SUBSECTION (3)(f), A RENT PAYMENT3
506+QUALIFIES AS LATE IF IT IS SUBMITTED MORE THAN TEN CALENDAR DAYS4
507+AFTER THE DAY IT IS DUE ACCORDING TO THE RENTAL AGREEMENT AND5
508+THE LANDLORD PROVIDES THE TENANT WITH PROPER SERVICE OF A6
509+WRITTEN NOTICE UNDER SECTION 13-40-104 (1)(d).7
510+(III) THIS SUBSECTION (3)(f) DOES NOT APPLY IF THE RENT8
511+PAYMENT IS SUBMITTED WITHIN THE CURE PERIOD DESCRIBED IN SECTION9
512+13-40-104 (1)(d).10
563513 (4) N
564-OTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPACT THE
565-INTERPRETATION OF THE MEANING OF THE TERM
566-"GOOD CAUSE" AS THE
567-TERM IS USED IN FEDERAL LAW OR FEDERAL REGULATIONS
568-.
569-PAGE 11-HOUSE BILL 24-1098 (5) (a) A LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF
570-A TENANT BY FILING AN ACTION UNDER ARTICLE
571-40 OF TITLE 13 ONLY IF THE
572-LANDLORD PROVIDES PROPER SERVICE OF A WRITTEN NOTICE OF THE
573-NO
574--FAULT EVICTION AND THE TENANT FAILS TO VACATE ON OR BEFORE THE
575-DEADLINE STATED IN THE NOTICE
576-.
514+OTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPACT11
515+THE INTERPRETATION OF THE MEANING OF THE TERM "GOOD CAUSE" AS12
516+THE TERM IS USED IN FEDERAL LAW OR FEDERAL REGULATIONS .13
517+(5) (a) A
518+ LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF14
519+A TENANT BY FILING AN ACTION UNDER ARTICLE 40 OF TITLE 13 ONLY IF15
520+THE LANDLORD PROVIDES PROPER SERVICE OF A WRITTEN NOTICE OF THE16
521+NO-FAULT EVICTION AND THE TENANT FAILS TO VACATE ON OR BEFORE17
522+THE DEADLINE STATED IN THE NOTICE.18
577523 (b) A
578- WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3) OF
579-THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL AND FACTUAL
580-BASIS FOR THE LANDLORD
581-'S NO-FAULT EVICTION OF THE TENANT , WHICH
582-LEGAL BASIS MUST BE SET FORTH IN SUBSECTION
583-(3) OF THIS SECTION.
584-38-12-1304. Violations - remedies. I
585-F A LANDLORD PROCEEDS WITH
586-AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION OF
587-THIS PART
588-13, AND THE TENANT LOSES POSSESSION OF THE DWELLING UNIT
589-WITHOUT A COURT ORDER
590-, THE TENANT MAY SEEK RELIEF AS DESCRIBED IN
591-SECTION
592-38-12-510.
593-38-12-1305. No waiver of requirements by agreement. A
594-PROVISION OF A RENTAL AGREEMENT OR OTHER AGREEMENT THAT PURPORTS
595-TO AUTHORIZE OR EFFECTUATE A WAIVER OR MODIFICATION OF ANY
596-PROVISION OF THIS PART
597-13 IS VOID AND UNENFORCEABLE.
598-38-12-1306. Affirmative defense. I
599-F A LANDLORD FAILS TO COMPLY
600-WITH THIS PART
601-13, A TENANT MAY ASSERT THE LANDLORD 'S FAILURE AS AN
602-AFFIRMATIVE DEFENSE FOR A TENANT TO AN EVICTION PROCEEDING
603-. IF A
604-TENANT ASSERTS SUCH AN AFFIRMATIVE DEFENSE
605-, AND THE LANDLORD
606-CANNOT DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE THAT THE
607-LANDLORD HAS COMPLIED WITH THIS PART
608-13, THE COURT SHALL DISMISS
609-THE EVICTION PROCEEDING
610-.
611-38-12-1307. Retaliatory rent increase prohibited. A
612- LANDLORD
613-SHALL NOT INCREASE A TENANT
614-'S RENT IN A DISCRIMINATORY ,
615-RETALIATORY, OR UNCONSCIONABLE MANNER TO CIRCUMVENT THE
616-REQUIREMENTS AND PROHIBITIONS SET FORTH IN THIS PART
617-13.
618-SECTION 3. In Colorado Revised Statutes, 13-40-104, amend (1)
619-introductory portion, (1)(c), (1)(e), and (1)(e.5)(II); and add (1)(e.8) and
620-(1)(j) as follows:
621-13-40-104. Unlawful detention defined - definitions. (1) Any
622- A
623-PAGE 12-HOUSE BILL 24-1098 person is guilty of HAS COMMITTED an unlawful detention of real property
624-in the following cases:
625-(c) When any lessee or tenant at will, or by AT sufferance, or for any
626-part of a year, or for one or more years PERIOD OF TIME, of any
627-NONRESIDENTIAL real property OR RESIDENTIAL PREMISES DESCRIBED IN
628-SECTION
629-38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), including a
630-specific or undivided portion of a building, or dwelling,
631- holds over and
632-continues in possession of the demised premises NONRESIDENTIAL REAL
633-PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION
634-38-12-1302
635-(1)(a), (1)(b), (1)(d), (1)(e),
636-OR (1)(f), or any portion thereof, after the
637-expiration of the term for which the same were
638- NONRESIDENTIAL REAL
639-PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION
640-38-12-1302
641-(1)(a), (1)(b), (1)(d), (1)(e),
642-OR (1)(f) WAS leased or after such
643- THE tenancy
644-at will or sufferance, has been terminated by either party;
645-(e) When such A tenant or lessee holds over without such
646-permission, contrary to any other MATERIAL condition or covenant of the
647-agreement under which such THE tenant or lessee holds, and ten days' notice
648-in writing has been duly served upon such THE tenant or lessee requiring in
649-the alternative the EITHER compliance with such THE condition or covenant
650-or the delivery of the possession of the premises; so held; except that, for
651-a nonresidential agreement or an employer-provided housing agreement,
652-three days' notice is required, pursuant to this section,
653- and for an exempt
654-residential agreement, five days' notice is required; pursuant to this section.
655-(e.5) (II) A tenancy pursuant to a residential agreement may be
656-terminated at any time pursuant to this subsection (1)(e.5) on the basis of a
657-subsequent violation of the same condition or covenant of the agreement.
658-The termination of a residential tenancy is effective ten days after service
659-of written notice to quit
660- TERMINATE TENANCY. Notwithstanding any other
661-provision of this subsection (1)(e.5)(II), a tenancy pursuant to a
662-nonresidential agreement, an exempt residential agreement, or an
663-employer-provided housing agreement may be terminated at any time
664-pursuant to this subsection (1)(e.5) on the basis of a subsequent violation.
665-The termination of a nonresidential tenancy or an employer-provided
666-housing tenancy is effective three days after service of written notice to quit
667-TERMINATE TENANCY , and the termination of a tenancy pursuant to an
668-exempt residential agreement is effective five days after service of written
524+ WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3)19
525+OF THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL AND20
526+FACTUAL BASIS FOR THE LANDLORD'S NO-FAULT EVICTION OF THE TENANT,21
527+WHICH LEGAL BASIS MUST BE SET FORTH IN SUBSECTION (3) OF THIS22
528+SECTION.23
529+ 24
530+38-12-1304. Violations - remedies. I F A LANDLORD PROCEEDS25
531+WITH AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION26
532+OF THIS PART 13, AND THE TENANT LOSES POSSESSION OF THE DWELLING27
533+1098
534+-15- UNIT WITHOUT A COURT ORDER , THE TENANT MAY SEEK RELIEF AS1
535+DESCRIBED IN SECTION 38-12-510. 2
536+38-12-1305. No waiver of requirements by agreement. A3
537+PROVISION OF A RENTAL AGREEMENT OR OTHER AGREEMENT THAT4
538+PURPORTS TO AUTHORIZE OR EFFECTUATE A WAIVER OR MODIFICATION OF5
539+ANY PROVISION OF THIS PART 13 IS VOID AND UNENFORCEABLE.6
540+38-12-1306. Affirmative defense. I F A LANDLORD FAILS TO7
541+COMPLY WITH THIS PART 13, A TENANT MAY ASSERT THE LANDLORD 'S8
542+FAILURE AS AN AFFIRMATIVE DEFENSE FOR A TENANT TO AN EVICTION9
543+PROCEEDING. IF A TENANT ASSERTS SUCH AN AFFIRMATIVE DEFENSE , AND10
544+THE LANDLORD CANNOT DEMONSTRATE BY A PREPONDERANCE OF THE11
545+EVIDENCE THAT THE LANDLORD HAS COMPLIED WITH THIS PART 13, THE12
546+COURT SHALL DISMISS THE EVICTION PROCEEDING .13
547+38-12-1307. Retaliatory rent increase prohibited. A LANDLORD14
548+SHALL NOT INCREASE A TENANT 'S RENT IN A DISCRIMINATORY ,15
549+RETALIATORY, OR UNCONSCIONABLE MANNER TO CIRCUMVENT THE16
550+REQUIREMENTS AND PROHIBITIONS SET FORTH IN THIS PART 13.17
551+SECTION 3. In Colorado Revised Statutes, 13-40-104, amend18
552+(1) introductory portion, (1)(c), (1)(e), and (1)(e.5)(II); and add (1)(e.8)19
553+and (1)(j) as follows:20
554+13-40-104. Unlawful detention defined - definitions. (1) Any21
555+A person is guilty of HAS COMMITTED an unlawful detention of real22
556+property in the following cases:23
557+(c) When any lessee or tenant at will, or by AT sufferance, or for24
558+any part of a year, or for one or more years PERIOD OF TIME, of any25
559+NONRESIDENTIAL real property OR RESIDENTIAL PREMISES DESCRIBED IN26
560+SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), including a27
561+1098
562+-16- specific or undivided portion of a building, or dwelling, holds over and1
563+continues in possession of the demised premises NONRESIDENTIAL REAL2
564+PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-13023
565+(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), or any portion thereof, after the4
566+expiration of the term for which the same were NONRESIDENTIAL REAL5
567+PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION 38-12-13026
568+(1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f) WAS leased or after such THE7
569+tenancy at will or sufferance, has been terminated by either party;8
570+(e) When such A tenant or lessee holds over without such9
571+permission, contrary to any other MATERIAL condition or covenant of the10
572+agreement under which such THE tenant or lessee holds, and ten days'11
573+notice in writing has been duly served upon such THE tenant or lessee12
574+requiring in the alternative the EITHER compliance with such THE13
575+condition or covenant or the delivery of the possession of the premises;14
576+so held; except that, for a nonresidential agreement or an15
577+employer-provided housing agreement, three days' notice is required,16
578+pursuant to this section, and for an exempt residential agreement, five17
579+days' notice is required; pursuant to this section.18
580+(e.5) (II) A tenancy pursuant to a residential agreement may be19
581+terminated at any time pursuant to this subsection (1)(e.5) on the basis of20
582+a subsequent violation of the same condition or covenant of the21
583+agreement. The termination of a residential tenancy is effective ten days22
584+after service of written notice to quit TERMINATE TENANCY .23
585+Notwithstanding any other provision of this subsection (1)(e.5)(II), a24
586+tenancy pursuant to a nonresidential agreement, an exempt residential25
587+agreement, or an employer-provided housing agreement may be26
588+terminated at any time pursuant to this subsection (1)(e.5) on the basis of27
589+1098
590+-17- a subsequent violation. The termination of a nonresidential tenancy or an1
591+employer-provided housing tenancy is effective three days after service2
592+of written notice to quit TERMINATE TENANCY, and the termination of a3
593+tenancy pursuant to an exempt residential agreement is effective five days4
594+after service of written notice to quit TERMINATE TENANCY.5
595+(e.8) W
596+HEN A TENANT HOLDS OVER AND MAINTAINS POSSESSION6
597+OF A RESIDENTIAL PREMISES AFTER THE LANDLORD HAS PROPERLY7 INITIATED A NO-FAULT EVICTION BY SATISFYING THE NOTICE8
598+REQUIREMENTS AND OTHER REQUIREMENTS ASSOCIATED WITH THE9
599+NO-FAULT EVICTION, AS DESCRIBED IN SECTION 38-12-1303 (3);10
600+(j) (I) WHEN A TENANT OR LESSEE HOLDS OVER WITHOUT11
601+PERMISSION OF THE LANDLORD AFTER THE TENANT OR LESSEE HAS12
602+ENGAGED IN CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A13
603+NUISANCE, WHICH CONDUCT INTERFERES WITH THE QUIET ENJOYMENT OF14
604+THE LANDLORD, IF THE LANDLORD LIVES IN THE SAME OR AN IMMEDIATELY15
605+ADJACENT PROPERTY, OR OF OTHERS WHO RESIDE IN AN IMMEDIATELY16
606+ADJACENT PROPERTY, OR OF OTHER TENANTS OR OCCUPANTS OF THE SAME17
607+PROPERTY, OR THE TENANT OR LESSEE BY REASON OF NEGLIGENCE18
608+DAMAGED THE HOUSING ACCOMMODATION , AND TEN DAYS' NOTICE IN19
609+WRITING HAS BEEN DULY SERVED UPON THE TENANT OR LESSEE, WHICH20
610+NOTICE CONTAINS A DESCRIPTION OF THE SPECIFIC CONDUCT THAT21
611+DISTURBED OTHERS OR CAUSED A NUISANCE, REQUIRING IN THE22
612+ALTERNATIVE CESSATION OF THE CONDUCT THAT IS DISTURBING OTHERS23
613+OR CAUSING A NUISANCE THAT INTERFERES WITH THE QUIET ENJOYMENT24
614+OF THE LANDLORD, IF THE LANDLORD LIVES IN THE SAME OR IMMEDIATELY25
615+ADJACENT PROPERTY, OR OTHER TENANTS OR OCCUPANTS OF THE SAME26
616+PROPERTY, OR MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGED27
617+1098
618+-18- THE HOUSING ACCOMMODATION OR POSSESSION OF THE PREMISES SO1
619+HELD; EXCEPT THAT, FOR A NONRESIDENTIAL AGREEMENT OR AN2
620+EMPLOYER-PROVIDED HOUSING AGREEMENT, THREE DAYS' NOTICE IS3
621+REQUIRED PURSUANT TO THIS SUBSECTION (1)(j), AND FOR AN EXEMPT4
622+RESIDENTIAL AGREEMENT, FIVE DAYS' NOTICE IS REQUIRED PURSUANT TO5
623+THIS SECTION.6
624+(II) THE LAWFUL EXERCISE BY A TENANT OF ANY RIGHTS7
625+PURSUANT TO ANY LAW OR RULE RELATING TO OCCUPANCY OF A8
626+PROPERTY, INCLUDING THIS SUBSECTION (1)(j), SHALL NOT BE DEEMED TO9
627+INTERFERE WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER10
628+TENANTS OR OTHER GROUND FOR EVICTION PURSUANT TO THIS11
629+SUBSECTION (1)(j).12
630+(III) IT SHALL NOT CONSTITUTE A NUISANCE OR DISTURBANCE FOR13
631+PURPOSES OF THIS SUBSECTION (1)(j) IF A VICTIM OF DOMESTIC VIOLENCE14
632+IS BEING ACCUSED OF CAUSING A DISTURBANCE OR NUISANCE AS A DIRECT15
633+RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE. THIS EXCEPTION16
634+APPLIES ONLY TO VICTIMS OF DOMESTIC VIOLENCE AND NOT TO17
635+PERPETRATORS.18
636+SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as19
637+follows:20
638+13-40-106. Written demand. (1) The demand OR NOTICE21
639+required by section 13-40-104
640+OR 38-12-1303 shall be made in writing,22
641+specifying the grounds of the demandant's right to the possession of such
642+23
643+THE premises, INCLUDING A SPECIFIC DESCRIPTION OF THE ALLEGED24
644+VIOLATION OR NO-FAULT EVICTION GROUNDS , describing the same25
645+PREMISES, and INDICATING the DATE AND time when the same PREMISES26
646+shall be delivered up, and shall be signed by the person claiming such27
647+1098
648+-19- possession, his THE PERSON'S agent, or his THE PERSON'S attorney.1
649+(2) The demand OR NOTICE REQUIRED BY SECTION 13-40-104 OR2
650+38-12-1303 must also include a statement that a residential tenant who3
651+receives supplemental security income, social security disability insurance4
652+under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et5
653+seq., as amended, or cash assistance through the Colorado works program6
654+created in part 7 of article 2 of title 26 has a right to mediation prior to the7
655+landlord filing an eviction complaint with the court pursuant to section8
656+13-40-110.9
657+(3) T
658+HE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-104 OR10
659+38-12-1303
660+ MUST BE WRITTEN IN ENGLISH, SPANISH,
661+OR ANY OTHER11
662+LANGUAGE THAT THE LANDLORD KNOWS , OR HAS REASON TO KNOW, IS12
663+THE PRIMARY LANGUAGE OF THE TENANT .13
664+SECTION 5. In Colorado Revised Statutes, amend 13-40-107 as14
665+follows:15
666+13-40-107. Notice to terminate tenancy. (1) A tenancy may be16
667+terminated by notice in writing, served not less than the respective period17
668+fixed before the end of the applicable tenancy, as follows: A LANDLORD18
669+OF NONRESIDENTIAL REAL PROPERTY OR A RESIDENTIAL PREMISES19
670+DESCRIBED IN SECTION 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f)20
671+OR A TENANT OF ANY PROPERTY OR PREMISES MAY TERMINATE A21
672+PERIODIC TENANCY AT THE END OF THE TENANCY PERIOD OR ELECT TO NOT22
673+RENEW A FIXED TERM TENANCY AT THE END OF THE FIXED TERM BY23
674+SERVING WRITTEN NOTICE THAT EXPIRES AT THE END OF THE PERIOD OR24
675+FIXED TERM, BASED ON THE LENGTH OF THE APPLICABLE TENANCY25
676+DESCRIBED IN SUBSECTION (2) OF THIS SECTION.26
677+(2) T
678+HE WRITTEN NOTICE DESCRIBED IN SUBSECTION (1) OF THIS27
679+1098
680+-20- SECTION MUST BE SERVED BEFORE THE END OF THE PERIOD OR FIXED TERM ,1
681+AS FOLLOWS:2
682+(a) A tenancy for one year or longer,
683+AT LEAST ninety-one days;3
684+(b) A tenancy of six months or longer but less than a year,
685+AT4
686+LEAST twenty-eight days;5
687+(c) A tenancy of one month or longer but less than six months,
688+AT6
689+LEAST twenty-one days;7
690+(d) A tenancy of one week or longer but less than one month, or8
691+a tenancy at will,
692+AT LEAST three days;9
693+(e) A tenancy for less than one week,
694+AT LEAST one day.10
695+(2)
696+ (3) Such THE WRITTEN notice shall DESCRIBED IN SUBSECTION11
697+(1)
698+ OF THIS SECTION MUST:12
699+(a) Describe the property and the particular time
700+ DATE when the13
701+tenancy will terminate; and14
702+(b) shall Be signed by the landlord or tenant, the party giving such15
703+notice, or his THE LANDLORD'S OR TENANT'S agent or attorney.16
704+(3) Any person in possession of real property with the assent of17
705+the owner is presumed to be a tenant at will until the contrary is shown.18
706+(4) No
707+WRITTEN notice to quit shall be
708+ UNDER SUBSECTION (1) OF19
709+THIS SECTION IS necessary from or to a tenant whose term WITH A20
710+FIXED-TERM TENANCY THAT is, by agreement, to end at a time certain.21
711+(5) Except as otherwise provided in section 38-33-112, C.R.S., the22
712+provisions of subsections (1) and (4) of this section shall not apply to the23
713+termination of a residential tenancy during the ninety-day period provided24
714+for in said section.25
715+SECTION 6. In Colorado Revised Statutes, 13-40-107.5, amend26
716+(4)(a) and (4)(b) as follows:27
717+1098
718+-21- 13-40-107.5. Termination of tenancy for substantial violation1
719+- definition - legislative declaration. (4) (a) A tenancy may be2
720+terminated at any time on the basis of a substantial violation. The3
721+termination shall be IS effective three days after service of written notice4
722+to quit TERMINATE TENANCY.5
723+(b) The notice to quit shall TERMINATE TENANCY MUST describe6
724+the property, the particular time DATE when the tenancy will terminate,7
725+and the grounds for termination. The notice shall MUST be signed by the8
726+landlord or by the landlord's agent or attorney.9
727+SECTION 7. In Colorado Revised Statutes, amend 13-40-108 as10
728+follows:11
729+13-40-108. Service of notice to vacate or demand. A
730+WRITTEN12
669731 notice to quit
670- TERMINATE TENANCY.
671-PAGE 13-HOUSE BILL 24-1098 (e.8) WHEN A TENANT HOLDS OVER AND MAINTAINS POSSESSION OF
672-A RESIDENTIAL PREMISES AFTER THE LANDLORD HAS PROPERLY INITIATED A
673-NO
674--FAULT EVICTION BY SATISFYING THE NOTICE REQUIREMENTS AND OTHER
675-REQUIREMENTS ASSOCIATED WITH THE NO
676--FAULT EVICTION, AS DESCRIBED
677-IN SECTION
678-38-12-1303 (3);
679-(j) (I) W
680-HEN A TENANT OR LESSEE HOLDS OVER WITHOUT
681-PERMISSION OF THE LANDLORD AFTER THE TENANT OR LESSEE HAS ENGAGED
682-IN CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A NUISANCE
683-, WHICH
684-CONDUCT INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD
685-, IF
686-THE LANDLORD LIVES IN THE SAME OR AN IMMEDIATELY ADJACENT
687-PROPERTY
688-, OR OF OTHERS WHO RESIDE IN AN IMMEDIATELY ADJACENT
689-PROPERTY
690-, OR OF OTHER TENANTS OR OCCUPANTS OF THE SAME PROPERTY ,
691-OR THE TENANT OR LESSEE BY REASON OF NEGLIGENCE DAMAGED THE
692-HOUSING ACCOMMODATION
693-, AND TEN DAYS' NOTICE IN WRITING HAS BEEN
694-DULY SERVED UPON THE TENANT OR LESSEE
695-, WHICH NOTICE CONTAINS A
696-DESCRIPTION OF THE SPECIFIC CONDUCT THAT DISTURBED OTHERS OR
697-CAUSED A NUISANCE
698-, REQUIRING IN THE ALTERNATIVE CESSATION OF THE
699-CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A NUISANCE THAT
700-INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD
701-, IF THE
702-LANDLORD LIVES IN THE SAME OR IMMEDIATELY ADJACENT PROPERTY
703-, OR
704-OTHER TENANTS OR OCCUPANTS OF THE SAME PROPERTY
705-, OR MALICIOUSLY
706-OR BY REASON OF NEGLIGENCE DAMAGED THE HOUSING ACCOMMODATION
707-OR POSSESSION OF THE PREMISES SO HELD
708-; EXCEPT THAT, FOR A
709-NONRESIDENTIAL AGREEMENT OR AN EMPLOYER
710--PROVIDED HOUSING
711-AGREEMENT
712-, THREE DAYS' NOTICE IS REQUIRED PURSUANT TO THIS
713-SUBSECTION
714- (1)(j), AND FOR AN EXEMPT RESIDENTIAL AGREEMENT , FIVE
715-DAYS
716-' NOTICE IS REQUIRED PURSUANT TO THIS SECTION.
717-(II) T
718-HE LAWFUL EXERCISE BY A TENANT OF ANY RIGHTS PURSUANT
719-TO ANY LAW OR RULE RELATING TO OCCUPANCY OF A PROPERTY
720-, INCLUDING
721-THIS SUBSECTION
722- (1)(j), SHALL NOT BE DEEMED TO INTERFERE WITH THE
723-QUIET ENJOYMENT OF THE LANDLORD OR OTHER TENANTS OR OTHER
724-GROUND FOR EVICTION PURSUANT TO THIS SUBSECTION
725- (1)(j).
726-(III) I
727-T SHALL NOT CONSTITUTE A NUISANCE OR DISTURBANCE FOR
728-PURPOSES OF THIS SUBSECTION
729- (1)(j) IF A VICTIM OF DOMESTIC VIOLENCE IS
730-BEING ACCUSED OF CAUSING A DISTURBANCE OR NUISANCE AS A DIRECT
731-RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE
732-. THIS EXCEPTION APPLIES
733-ONLY TO VICTIMS OF DOMESTIC VIOLENCE AND NOT TO PERPETRATORS
734-.
735-PAGE 14-HOUSE BILL 24-1098 SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as
736-follows:
737-13-40-106. Written demand. (1) The demand
738-OR NOTICE required
739-by section 13-40-104
740-OR 38-12-1303 shall be made in writing, specifying
741-the grounds of the demandant's right to the possession of such
742- THE
743-premises, INCLUDING A SPECIFIC DESCRIPTION OF THE ALLEGED VIOLATION
744-OR NO
745--FAULT EVICTION GROUNDS , describing the same
746- PREMISES, and
747-INDICATING the DATE AND time when the same PREMISES shall be delivered
748-up, and shall be signed by the person claiming such possession, his THE
749-PERSON
750-'S agent, or his
751- THE PERSON'S attorney.
752-(2) The demand
753-OR NOTICE REQUIRED BY SECTION 13-40-104 OR
754-38-12-1303 must also include a statement that a residential tenant who
755-receives supplemental security income, social security disability insurance
756-under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et
757-seq., as amended, or cash assistance through the Colorado works program
758-created in part 7 of article 2 of title 26 has a right to mediation prior to the
759-landlord filing an eviction complaint with the court pursuant to section
760-13-40-110.
761-(3) T
762-HE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-104 OR
763-38-12-1303 MUST BE WRITTEN IN ENGLISH, SPANISH, OR ANY OTHER
764-LANGUAGE THAT THE LANDLORD KNOWS
765-, OR HAS REASON TO KNOW, IS THE
766-PRIMARY LANGUAGE OF THE TENANT
767-.
768-SECTION 5. In Colorado Revised Statutes, amend 13-40-107 as
769-follows:
770-13-40-107. Notice to terminate tenancy. (1) A tenancy may be
771-terminated by notice in writing, served not less than the respective period
772-fixed before the end of the applicable tenancy, as follows: A LANDLORD OF
773-NONRESIDENTIAL REAL PROPERTY OR A RESIDENTIAL PREMISES DESCRIBED
774-IN SECTION
775-38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f) OR A TENANT
776-OF ANY PROPERTY OR PREMISES MAY TERMINATE A PERIODIC TENANCY AT
777-THE END OF THE TENANCY PERIOD OR ELECT TO NOT RENEW A FIXED TERM
778-TENANCY AT THE END OF THE FIXED TERM BY SERVING WRITTEN NOTICE
779-THAT EXPIRES AT THE END OF THE PERIOD OR FIXED TERM
780-, BASED ON THE
781-LENGTH OF THE APPLICABLE TENANCY DESCRIBED IN SUBSECTION
782-(2) OF THIS
783-SECTION
784-.
785-PAGE 15-HOUSE BILL 24-1098 (2) THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (1) OF THIS
786-SECTION MUST BE SERVED BEFORE THE END OF THE PERIOD OR FIXED TERM
787-,
788-AS FOLLOWS:
789-(a) A tenancy for one year or longer,
790-AT LEAST ninety-one days;
791-(b) A tenancy of six months or longer but less than a year,
792-AT LEAST
793-twenty-eight days;
794-(c) A tenancy of one month or longer but less than six months,
795-AT
796-LEAST
797- twenty-one days;
798-(d) A tenancy of one week or longer but less than one month, or a
799-tenancy at will,
800-AT LEAST three days;
801-(e) A tenancy for less than one week,
802-AT LEAST one day.
803-(2)
804- (3) Such THE WRITTEN notice shall DESCRIBED IN SUBSECTION (1)
805-OF THIS SECTION MUST:
806-(a) Describe the property and the particular time DATE when the
807-tenancy will terminate; and
808-(b) shall Be signed by the landlord or tenant, the party giving such
809-notice, or his THE LANDLORD'S OR TENANT'S agent or attorney.
810-(3) Any person in possession of real property with the assent of the
811-owner is presumed to be a tenant at will until the contrary is shown.
812-(4) No WRITTEN notice to quit shall be UNDER SUBSECTION (1) OF
813-THIS SECTION IS
814- necessary from or to
815- a tenant whose term WITH A
816-FIXED
817--TERM TENANCY THAT is, by agreement, to end at a time certain.
818-(5) Except as otherwise provided in section 38-33-112, C.R.S., theprovisions of subsections (1) and (4) of this section shall not apply to the
819-termination of a residential tenancy during the ninety-day period provided
820-for in said section.
821-SECTION 6. In Colorado Revised Statutes, 13-40-107.5, amend
822-(4)(a) and (4)(b) as follows:
823-PAGE 16-HOUSE BILL 24-1098 13-40-107.5. Termination of tenancy for substantial violation -
824-definition - legislative declaration. (4) (a) A tenancy may be terminated
825-at any time on the basis of a substantial violation. The termination shall be
826-IS effective three days after service of written notice to quit TERMINATE
827-TENANCY
828-.
829-(b) The notice to quit shall
830- TERMINATE TENANCY MUST describe the
831-property, the particular time DATE when the tenancy will terminate, and the
832-grounds for termination. The notice shall MUST be signed by the landlord or
833-by the landlord's agent or attorney.
834-SECTION 7. In Colorado Revised Statutes, amend 13-40-108 as
835-follows:
836-13-40-108. Service of notice to vacate or demand. A
837-WRITTEN
838-notice to quit
839- VACATE or demand for possession of real property AS
840-REQUIRED BY SECTION
841-13-40-104, 38-12-202, 38-12-204, OR 38-12-1303
842-may be served by delivering a copy thereof
843- OF THE NOTICE to the A KNOWN
844-tenant or other person occupying such THE premises, or by leaving such
845-copy with some person, a member of the tenant's family above the age of
846-fifteen years, residing on or in charge of the premises, or, in case no one is
847-on the premises at the time service is attempted
848- AFTER ATTEMPTS AT
849-PERSONAL SERVICE AT LEAST ONCE ON TWO SEPARATE DAYS
850-, by posting
851-such
852- THE copy in some conspicuous place on the premises.
853-SECTION 8. In Colorado Revised Statutes, 13-40-110, amend (2)
854-as follows:
855-13-40-110. Action - how commenced - report. (2) In an action for
856-termination of a tenancy in a mobile home park, the complaint, in addition
857-to the requirements of subsection (1) of this section, must specify the
858-reasons for termination as the reasons are stated in section 38-12-203. The
859-complaint must specify the approximate time, place, and manner in which
860-the tenant allegedly committed the acts giving rise to the complaint. If the
861-action is based on the mobile home or mobile home lot being out of
862-compliance with the rules and regulations adopted pursuant to section
863-38-12-214, the complaint must specify that the home owner was given
864-ninety days after the date of service or posting of the notice to quit
865-TERMINATE TENANCY to cure the noncompliance, that ninety days have
866-passed, and the noncompliance has not been cured.
867-PAGE 17-HOUSE BILL 24-1098 SECTION 9. In Colorado Revised Statutes, 38-12-202, amend
868-(1)(a) introductory portion, (1)(b), and (3) as follows:
869-38-12-202. Tenancy - notice to terminate tenancy. (1) (a) No
870-Tenancy or other lease or rental occupancy of space in a mobile home park
871-shall MAY NOT commence without a written lease or rental agreement, and
872-no tenancy in a mobile home park shall NOT be terminated until a notice to
873-quit TERMINATE TENANCY or notice of nonpayment of rent has been served.
874-A notice to quit shall TERMINATE TENANCY MUST be in writing and in the
875-form specified in section 13-40-107 (2) INCLUDE A DESCRIPTION OF THE
876-PROPERTY
877-. The property description required in section 13-40-107 (2)
878- is
879-legally sufficient if it states:
880-(b) Service of the notice to quit shall TERMINATE TENANCY MUST be
881-as specified in section 13-40-108. C.R.S. Service by posting shall be IS
882-deemed legally sufficient within the meaning of section 13-40-108 C.R.S.,
883-if the notice is affixed to the main entrance of the mobile home.
884-(3) In any notice provided by the management as required by this
885-section, the management shall specify the reason for the termination, as
886-described in section 38-12-203, of the tenancy that is the subject of the
887-notice. If the management is terminating the tenancy because the mobile
888-home or mobile home lot is out of compliance with local ordinances or state
889-laws or rules relating to mobile homes and mobile home lots, as described
890-in section 38-12-203 (1)(a), or out of compliance with written rules and
891-regulations of the mobile home park, as described in section 38-12-203
892-(1)(c), the notice must include a statement advising the home owner that the
893-home owner has a right to cure the noncompliance within ninety days after
894-the date of service or posting of the notice to quit
895- TERMINATE TENANCY.
896-This ninety-day period runs concurrently with the ninety-day period to sell
897-the mobile home or remove it from the premises as set forth in subsection
898-(1)(c)(I) of this section. Rent payment and other agreed tenant obligations
899-remain in effect during this ninety-day period, and acceptance of rent by a
900-landlord during this ninety-day period does not constitute a waiver of the
901-landlord's right to terminate the tenancy for any noncompliance described
902-in section 38-12-203 (1)(a) or (1)(c).
903-SECTION 10. In Colorado Revised Statutes, 38-12-204.3, amend
904-(1) introductory portion, (1)(a), and (2) as follows:
905-PAGE 18-HOUSE BILL 24-1098 38-12-204.3. Notice required for termination. (1) Where the
906-tenancy of a mobile home owner is being terminated under section
907-38-12-202 or section 38-12-204, the landlord or mobile home park owner
908-shall provide such mobile home owner with written notice as provided for
909-in subsection (2) of this section. Service of such notice shall
910- MUST occur at
911-the same time and in the same manner as service of:
912-(a) The notice to quit TERMINATE TENANCY as provided in section
913-38-12-202 (1); or
914-(2) The notice required under this section must be in at least
915-ten-point type and must read as follows:
916-IMPORTANT NOTICE TO THE HOME OWNER:
917-This notice and the accompanying notice to quit TERMINATE
918-TENANCY
919-/notice of nonpayment of rent are the first steps in the eviction
920-process. Any dispute you may have regarding the grounds for eviction
921-should be addressed with your landlord or the management of the mobile
922-home park or in the courts if an eviction action is filed. Please be advised
923-that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado
924-Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and
925-Enforcement Program" created in section 38-12-1104, Colorado Revised
926-Statutes, may provide you with legal protection.
927-NOTICE TO QUIT
928- TERMINATE TENANCY: In order to terminate a
929-home owner's tenancy, the landlord or management of a mobile home park
930-must serve to a home owner a notice to quit
931- TERMINATE TENANCY. The
932-notice must be in writing and must contain certain information, including:
933-! The grounds for the termination of the tenancy;
934-! Whether or not the home owner has a right to cure under the
935-"Mobile Home Park Act"; and
936-! That the home owner has the option of mediation pursuant to
937-section 38-12-216, Colorado Revised Statutes, of the "Mobile
938-Home Park Act" and the option of filing a complaint through
939-the "Mobile Home Park Act Dispute Resolution and
940-Enforcement Program" created in section 38-12-1104,
941-PAGE 19-HOUSE BILL 24-1098 Colorado Revised Statutes.
942-NOTICE OF NONPAYMENT OF RENT: In order to terminate a
943-home owner's tenancy due to nonpayment of rent, the landlord or
944-management of a mobile home park must serve to a home owner a notice
945-of nonpayment of rent. The notice must be in writing and must require that
946-the home owner either make payment of rent or sell the owner's unit or
947-remove it from the premises within a period of not less than ten days after
948-the date the notice is served or posted, for failure to pay rent when due.
949-CURE PERIODS: If the home owner has a right to cure under the
950-"Mobile Home Park Act", the landlord or management of a mobile home
951-park cannot terminate a home owner's tenancy without first providing the
952-home owner with a time period to cure the noncompliance. "Cure" refers to
953-a home owner remedying, fixing, or otherwise correcting the situation or
954-problem that made the tenancy subject to termination pursuant to sections
955-38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.
956-COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE
957-TENANCY: After the last day of the applicable notice period required by
958-section 38-12-202 (1)(c), Colorado Revised Statutes, a legal action may be
959-commenced to take possession of the space leased by the home owner. In
960-order to evict a home owner, the landlord or management of the mobile
961-home park must prove:
962-! The landlord or management complied with the notice
963-requirements of the "Mobile Home Park Act";
964-! The landlord or management provided the home owner with
965-a statement of reasons for termination of the tenancy; and
966-! The reasons for termination of the tenancy are true and valid
967-under the "Mobile Home Park Act".
968-To defend against an eviction action, a home owner must appear in
969-court. If the court rules in favor of the landlord or management of the
970-mobile home park, the home owner has not less than thirty days from the
971-time of the ruling to either remove or sell the mobile home and to vacate the
972-premises. If the home owner wishes to extend such period beyond thirty
973-days but not more than sixty days from the date of the ruling, the home
974-PAGE 20-HOUSE BILL 24-1098 owner shall prepay to the landlord an amount equal to a pro rata share of
975-rent for each day following the expiration of the initial thirty-day period
976-after the court's ruling that the mobile home owner will remain on the
977-premises. All prepayments shall be paid no later than thirty days after the
978-court ruling. This section does not preclude earlier removal by law
979-enforcement officers of a mobile home or one or more mobile home owners
980-or occupants from the mobile home park if a mobile home owner violates
981-article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303, Colorado
982-Revised Statutes.
983-SECTION 11. In Colorado Revised Statutes, 38-12-701, amend
984-(2)(b) as follows:
985-38-12-701. Notice of rent increase. (2) (b) A landlord may
986- SHALL
987-not terminate a residential tenancy in which there is no written agreement
988-by serving a tenant with a notice to quit pursuant to section 13-40-107
989-TERMINATE TENANCY with the primary purpose of increasing a tenant's rent
990-in a manner inconsistent with this section.
991-SECTION 12. In Colorado Revised Statutes, 38-12-222, amend (3)
992-as follows:
993-38-12-222. Residents' right to privacy. (3) Except when posting
994-notices that are required by law or by a rental agreement, the management
995-shall make a reasonable effort to notify a resident of the management's
996-intention to enter the mobile home space at least forty-eight
997- SEVENTY-TWO
998-hours before entry. The notification must include the date and approximate time of the planned entry and must be delivered in a manner that is reasonably likely to be seen or heard by the resident in a timely manner.
999-SECTION 13. In Colorado Revised Statutes, 38-12-508, amend (4)
1000-as follows:
1001-38-12-508. Landlord's defenses to a claim of breach of warranty
1002-- limitations on claiming a breach. (4) Except as provided in section
1003-38-12-509 (2), a tenant may not assert a breach of the warranty of
1004-habitability as a defense to a landlord's action for possession based upon a
1005-nonmonetary violation of the rental agreement or for an action for
1006-possession based upon a notice to quit
1007- TERMINATE TENANCY or vacate.
1008-PAGE 21-HOUSE BILL 24-1098 SECTION 14. In Colorado Revised Statutes, 38-12-509, amend
1009-(1.5) as follows:
1010-38-12-509. Prohibition on retaliation. (1.5) A tenant may assert
1011-as a defense to a landlord's action for possession, including an action for
1012-possession based on a nonmonetary violation of the rental agreement or an
1013-action for possession based upon a notice to quit
1014- TERMINATE TENANCY or
1015-vacate, that the landlord retaliated against the tenant in violation of
1016-subsection (1) of this section.
1017-SECTION 15. In Colorado Revised Statutes, 38-33-112, amend (3)
1018-as follows:
1019-38-33-112. Notification to residential tenants. (3) Said
1020- THE notice
1021-DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the notice to
1022-terminate the tenancy; as provided by section 13-40-107, C.R.S.; except that
1023-no A residential tenancy shall NOT be terminated prior to the expiration date
1024-of the existing lease agreement, if any, unless consented to by both the
1025-tenant and the developer. If the term of the lease has less than ninety days
1026-remaining when notification is mailed or delivered, as the case may be, or
1027-if there is no written lease agreement, residential tenancy may
1028- SHALL not be
1029-terminated by the developer less than ninety days after the date the notice
1030-is mailed or delivered, as the case may be, to the tenant, unless consented
1031-to by both the tenant and the developer. The return receipt shall be
1032- IS prima
1033-facie evidence of receipt of notice. If the term of the lease has less than
1034-ninety days remaining when notification is mailed or delivered, as the case
1035-may be, the tenant may hold over for the remainder of said ninety-day
1036-period under the same terms and conditions of the lease agreement if the
1037-tenant makes timely rental payments and performs other conditions of the
1038-lease agreement.
1039-SECTION 16. Severability. If any provision of this act or the
1040-application of this act to any person or circumstance is held invalid, such
1041-invalidity does not affect other provisions or applications of the act that can
1042-be given effect without the invalid provision or application, and to this end
1043-the provisions of this act are declared to be severable.
1044-SECTION 17. Safety clause. The general assembly finds,
1045-determines, and declares that this act is necessary for the immediate
1046-preservation of the public peace, health, or safety or for appropriations for
1047-PAGE 22-HOUSE BILL 24-1098 the support and maintenance of the departments of the state and state
1048-institutions.
1049-____________________________ ____________________________
1050-Julie McCluskie Steve Fenberg
1051-SPEAKER OF THE HOUSE PRESIDENT OF
1052-OF REPRESENTATIVES THE SENATE
1053-____________________________ ____________________________
1054-Robin Jones Cindi L. Markwell
1055-CHIEF CLERK OF THE HOUSE SECRETARY OF
1056-OF REPRESENTATIVES THE SENATE
1057- APPROVED________________________________________
1058- (Date and Time)
1059- _________________________________________
1060- Jared S. Polis
1061- GOVERNOR OF THE STATE OF COLORADO
1062-PAGE 23-HOUSE BILL 24-1098
732+ VACATE or demand for possession of real property AS13
733+REQUIRED BY SECTION 13-40-104, 38-12-202, 38-12-204, OR 38-12-130314
734+may be served by delivering a copy thereof OF THE NOTICE to the A15
735+KNOWN tenant or other person occupying such THE premises, or by16
736+leaving such copy with some person, a member of the tenant's family17
737+above the age of fifteen years, residing on or in charge of the premises,18
738+or, in case no one is on the premises at the time service is attempted19
739+AFTER ATTEMPTS AT PERSONAL SERVICE AT LEAST ONCE ON TWO20
740+SEPARATE DAYS, by posting such THE copy in some conspicuous place on21
741+the premises.22
742+SECTION 8. In Colorado Revised Statutes, 13-40-110, amend23
743+(2) as follows:24
744+13-40-110. Action - how commenced - report. (2) In an action25
745+for termination of a tenancy in a mobile home park, the complaint, in26
746+addition to the requirements of subsection (1) of this section, must specify27
747+1098
748+-22- the reasons for termination as the reasons are stated in section 38-12-203.1
749+The complaint must specify the approximate time, place, and manner in2
750+which the tenant allegedly committed the acts giving rise to the3
751+complaint. If the action is based on the mobile home or mobile home lot4
752+being out of compliance with the rules and regulations adopted pursuant5
753+to section 38-12-214, the complaint must specify that the home owner6
754+was given ninety days after the date of service or posting of the notice to7
755+quit TERMINATE TENANCY to cure the noncompliance, that ninety days8
756+have passed, and the noncompliance has not been cured.9
757+SECTION 9. In Colorado Revised Statutes, 38-12-202, amend10
758+(1)(a) introductory portion, (1)(b), and (3) as follows:11
759+38-12-202. Tenancy - notice to terminate tenancy. (1) (a) No12
760+Tenancy or other lease or rental occupancy of space in a mobile home13
761+park shall MAY NOT commence without a written lease or rental14
762+agreement, and no tenancy in a mobile home park shall NOT be terminated15
763+until a notice to quit TERMINATE TENANCY or notice of nonpayment of16
764+rent has been served. A notice to quit shall TERMINATE TENANCY MUST be17
765+in writing and in the form specified in section 13-40-107 (2) INCLUDE A18
766+DESCRIPTION OF THE PROPERTY . The property description required in19
767+section 13-40-107 (2) is legally sufficient if it states:20
768+(b) Service of the notice to quit shall TERMINATE TENANCY MUST21
769+be as specified in section 13-40-108. C.R.S. Service by posting shall be22
770+IS deemed legally sufficient within the meaning of section 13-40-10823
771+C.R.S., if the notice is affixed to the main entrance of the mobile home.24
772+(3) In any notice provided by the management as required by this25
773+section, the management shall specify the reason for the termination, as26
774+described in section 38-12-203, of the tenancy that is the subject of the27
775+1098
776+-23- notice. If the management is terminating the tenancy because the mobile1
777+home or mobile home lot is out of compliance with local ordinances or2
778+state laws or rules relating to mobile homes and mobile home lots, as3
779+described in section 38-12-203 (1)(a), or out of compliance with written4
780+rules and regulations of the mobile home park, as described in section5
781+38-12-203 (1)(c), the notice must include a statement advising the home6
782+owner that the home owner has a right to cure the noncompliance within7
783+ninety days after the date of service or posting of the notice to quit8
784+TERMINATE TENANCY. This ninety-day period runs concurrently with the9
785+ninety-day period to sell the mobile home or remove it from the premises10
786+as set forth in subsection (1)(c)(I) of this section. Rent payment and other11
787+agreed tenant obligations remain in effect during this ninety-day period,12
788+and acceptance of rent by a landlord during this ninety-day period does13
789+not constitute a waiver of the landlord's right to terminate the tenancy for14
790+any noncompliance described in section 38-12-203 (1)(a) or (1)(c).15
791+SECTION 10. In Colorado Revised Statutes, 38-12-204.3,16
792+amend (1) introductory portion, (1)(a), and (2) as follows:17
793+38-12-204.3. Notice required for termination. (1) Where the18
794+tenancy of a mobile home owner is being terminated under section19
795+38-12-202 or section 38-12-204, the landlord or mobile home park owner20
796+shall provide such mobile home owner with written notice as provided for21
797+in subsection (2) of this section. Service of such notice shall MUST occur22
798+at the same time and in the same manner as service of:23
799+(a) The notice to quit TERMINATE TENANCY as provided in section24
800+38-12-202 (1); or25
801+(2) The notice required under this section must be in at least26
802+ten-point type and must read as follows:27
803+1098
804+-24- IMPORTANT NOTICE TO THE HOME OWNER:1
805+This notice and the accompanying notice to quit TERMINATE2
806+TENANCY/notice of nonpayment of rent are the first steps in the eviction3
807+process. Any dispute you may have regarding the grounds for eviction4
808+should be addressed with your landlord or the management of the mobile5
809+home park or in the courts if an eviction action is filed. Please be advised6
810+that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado7
811+Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and8
812+Enforcement Program" created in section 38-12-1104, Colorado Revised9
813+Statutes, may provide you with legal protection.10
814+NOTICE TO QUIT TERMINATE TENANCY: In order to terminate a11
815+home owner's tenancy, the landlord or management of a mobile home12
816+park must serve to a home owner a notice to quit TERMINATE TENANCY.13
817+The notice must be in writing and must contain certain information,14
818+including:15
819+! The grounds for the termination of the tenancy;16
820+! Whether or not the home owner has a right to cure under17
821+the "Mobile Home Park Act"; and18
822+! That the home owner has the option of mediation pursuant19
823+to section 38-12-216, Colorado Revised Statutes, of the20
824+"Mobile Home Park Act" and the option of filing a21
825+complaint through the "Mobile Home Park Act Dispute22
826+Resolution and Enforcement Program" created in section23
827+38-12-1104, Colorado Revised Statutes.24
828+NOTICE OF NONPAYMENT OF RENT: In order to terminate25
829+a home owner's tenancy due to nonpayment of rent, the landlord or26
830+management of a mobile home park must serve to a home owner a notice27
831+1098
832+-25- of nonpayment of rent. The notice must be in writing and must require1
833+that the home owner either make payment of rent or sell the owner's unit2
834+or remove it from the premises within a period of not less than ten days3
835+after the date the notice is served or posted, for failure to pay rent when4
836+due.5
837+CURE PERIODS: If the home owner has a right to cure under the6
838+"Mobile Home Park Act", the landlord or management of a mobile home7
839+park cannot terminate a home owner's tenancy without first providing the8
840+home owner with a time period to cure the noncompliance. "Cure" refers9
841+to a home owner remedying, fixing, or otherwise correcting the situation10
842+or problem that made the tenancy subject to termination pursuant to11
843+sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.12
844+COMMENCEMENT OF LEGAL ACTION TO TERMINATE13
845+THE TENANCY: After the last day of the applicable notice period14
846+required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal15
847+action may be commenced to take possession of the space leased by the16
848+home owner. In order to evict a home owner, the landlord or management17
849+of the mobile home park must prove:18
850+! The landlord or management complied with the notice19
851+requirements of the "Mobile Home Park Act";20
852+! The landlord or management provided the home owner21
853+with a statement of reasons for termination of the tenancy;22
854+and23
855+! The reasons for termination of the tenancy are true and24
856+valid under the "Mobile Home Park Act".25
857+To defend against an eviction action, a home owner must appear26
858+in court. If the court rules in favor of the landlord or management of the27
859+1098
860+-26- mobile home park, the home owner has not less than thirty days from the1
861+time of the ruling to either remove or sell the mobile home and to vacate2
862+the premises. If the home owner wishes to extend such period beyond3
863+thirty days but not more than sixty days from the date of the ruling, the4
864+home owner shall prepay to the landlord an amount equal to a pro rata5
865+share of rent for each day following the expiration of the initial thirty-day6
866+period after the court's ruling that the mobile home owner will remain on7
867+the premises. All prepayments shall be paid no later than thirty days after8
868+the court ruling. This section does not preclude earlier removal by law9
869+enforcement officers of a mobile home or one or more mobile home10
870+owners or occupants from the mobile home park if a mobile home owner11
871+violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,12
872+Colorado Revised Statutes.13
873+SECTION 11. In Colorado Revised Statutes, 38-12-701, amend14
874+(2)(b) as follows:15
875+38-12-701. Notice of rent increase. (2) (b) A landlord may16
876+SHALL not terminate a residential tenancy in which there is no written17
877+agreement by serving a tenant with a notice to quit pursuant to section18
878+13-40-107 TERMINATE TENANCY with the primary purpose of increasing19
879+a tenant's rent in a manner inconsistent with this section.20
880+SECTION 12. In Colorado Revised Statutes, 38-12-222, amend21
881+(3) as follows:22
882+38-12-222. Residents' right to privacy. (3) Except when posting23
883+notices that are required by law or by a rental agreement, the management24
884+shall make a reasonable effort to notify a resident of the management's25
885+intention to enter the mobile home space at least forty-eight26
886+SEVENTY-TWO hours before entry. The notification must include the date27
887+1098
888+-27- and approximate time of the planned entry and must be delivered in a1
889+manner that is reasonably likely to be seen or heard by the resident in a2
890+timely manner.3
891+SECTION 13. In Colorado Revised Statutes, 38-12-508, amend4
892+(4) as follows:5
893+38-12-508. Landlord's defenses to a claim of breach of6
894+warranty - limitations on claiming a breach. (4) Except as provided7
895+in section 38-12-509 (2), a tenant may not assert a breach of the warranty8
896+of habitability as a defense to a landlord's action for possession based9
897+upon a nonmonetary violation of the rental agreement or for an action for10
898+possession based upon a notice to quit TERMINATE TENANCY or vacate.11
899+SECTION 14. In Colorado Revised Statutes, 38-12-509, amend12
900+(1.5) as follows:13
901+38-12-509. Prohibition on retaliation. (1.5) A tenant may assert14
902+as a defense to a landlord's action for possession, including an action for15
903+possession based on a nonmonetary violation of the rental agreement or16
904+an action for possession based upon a notice to quit TERMINATE TENANCY17
905+or vacate, that the landlord retaliated against the tenant in violation of18
906+subsection (1) of this section.19
907+SECTION 15. In Colorado Revised Statutes, 38-33-112, amend20
908+(3) as follows:21
909+38-33-112. Notification to residential tenants. (3) Said THE22
910+notice
911+DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the23
912+notice to terminate the tenancy; as provided by section 13-40-107, C.R.S.;
913+24
914+except that no A residential tenancy shall NOT be terminated prior to the25
915+expiration date of the existing lease agreement, if any, unless consented26
916+to by both the tenant and the developer. If the term of the lease has less27
917+1098
918+-28- than ninety days remaining when notification is mailed or delivered, as1
919+the case may be, or if there is no written lease agreement, residential2
920+tenancy may SHALL not be terminated by the developer less than ninety3
921+days after the date the notice is mailed or delivered, as the case may be,4
922+to the tenant, unless consented to by both the tenant and the developer.5
923+The return receipt shall be IS prima facie evidence of receipt of notice. If6
924+the term of the lease has less than ninety days remaining when7
925+notification is mailed or delivered, as the case may be, the tenant may8
926+hold over for the remainder of said ninety-day period under the same9
927+terms and conditions of the lease agreement if the tenant makes timely10
928+rental payments and performs other conditions of the lease agreement.11
929+SECTION 16. Severability. If any provision of this act or the12
930+application of this act to any person or circumstance is held invalid, such13
931+invalidity does not affect other provisions or applications of the act that14
932+can be given effect without the invalid provision or application, and to15
933+this end the provisions of this act are declared to be severable.16
934+SECTION 17. Safety clause. The general assembly finds,17
935+determines, and declares that this act is necessary for the immediate18
936+preservation of the public peace, health, or safety or for appropriations for19
937+the support and maintenance of the departments of the state and state20
938+institutions.21
939+1098
940+-29-