HOUSE BILL 24-1098
BY REPRESENTATIVE(S) Mabrey and Duran, Bacon, Brown,
deGruy Kennedy, Epps, Garcia, Hernandez, Herod, Jodeh, Joseph, Lieder,
Lindsay, Lindstedt, Martinez, Mauro, Ortiz, Parenti, Ricks, Rutinel, Sirota,
Story, Titone, Velasco, Vigil, Weissman, Willford, Boesenecker,
Daugherty, Froelich, Kipp, Marvin, English, McCormick;
also SENATOR(S) Gonzales and Hinrichsen, Bridges, Buckner, Coleman,
Cutter, Danielson, Exum, Jaquez Lewis, Michaelson Jenet, Winter F.
C
ONCERNING PROTECTIONS FOR RESIDENTIAL TENANTS , AND, IN
CONNECTION THEREWITH
, REQUIRING CAUSE FOR THE EVICTION OF A
RESIDENTIAL TENANT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly finds
and declares that this act is reasonable and necessary for the important
public purposes of preventing arbitrary displacement of individuals,
protecting safety, and promoting public health and should be construed
broadly to achieve these purposes.
SECTION 2. In Colorado Revised Statutes, add part 13 to article
12 of title 38 as follows:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PART 13
FOR CAUSE EVICTION POLICY
38-12-1301. Definitions. A
S USED IN THIS PART 13, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
CCESSORY DWELLING UNIT" HAS THE MEANING SET FORTH IN
SECTION
38-12-801 (7)(a).
(2) "C
AUSE" MEANS A CIRCUMSTANCE DESCRIBED IN SECTION
38-12-1303 (2).
(3) "D
WELLING UNIT" HAS THE MEANING SET FORTH IN SECTION
38-12-502 (3).
(4) "F
AMILY MEMBER" HAS THE MEANING SET FORTH IN SECTION
8-13.3-503 (11).
(5) "L
ANDLORD" MEANS A LANDLORD , AS DEFINED IN SECTION
38-12-502 (5); EXCEPT THAT "LANDLORD" DOES NOT INCLUDE THE
MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK
, AS DEFINED IN
SECTION
38-12-201.5 (3), UNLESS:
(a) T
HE MANAGEMENT OR LANDLORD OF A MOBILE HOME PARK IS
RENTING BOTH A MOBILE HOME SPACE
, AS DEFINED IN SECTION 38-12-201.5
(6.5),
AND A MOBILE HOME, AS DEFINED IN SECTION 38-12-201.5 (5), TO A
MOBILE HOME PARK RESIDENT
, AS DEFINED IN SECTION 38-12-201.5 (11);
AND
(b) THE MOBILE HOME PARK RESIDENT IS NOT RESIDING IN THE
MOBILE HOME PARK UNDER A LEASE
-TO-OWN AGREEMENT.
(6) "N
O-FAULT EVICTION" MEANS AN ACTION BROUGHT BY A
LANDLORD PURSUANT TO ARTICLE
40 OF TITLE 13 FOR THE EVICTION OF A
TENANT UNDER CONDITIONS DESCRIBED IN SECTION
38-12-1303 (3).
(7) "P
RIMARY RESIDENCE" MEANS THE ADDRESS THAT IS LISTED ON
A TENANT
'S OR LANDLORD'S COLORADO DRIVER'S LICENSE, IDENTIFICATION
CARD
, OR VOTER REGISTRATION; USED FOR PURPOSES OF A TENANT 'S OR
PAGE 2-HOUSE BILL 24-1098 LANDLORD'S PAYMENT OF STATE OR FEDERAL TAXES ; OR USED FOR THE
PURPOSE OF PUBLIC SCHOOL REGISTRATION AT THE TIME THAT A VALID
NO
-FAULT EVICTION IS EXERCISED BY A LANDLORD PURSUANT TO SECTION
38-12-1303 (3).
(8) "P
ROPER SERVICE" MEANS SERVICE THAT COMPLIES WITH
SECTION
13-40-108.
(9) "R
ENT" MEANS ANY MONEY OR OTHER CONSIDERATION PAID TO
A LANDLORD FOR THE RIGHT TO USE
, POSSESS, AND OCCUPY A DWELLING
UNIT
.
(10) "R
ENTAL AGREEMENT " HAS THE MEANING SET FORTH IN
SECTION
38-12-502 (7).
(11) "R
ESIDENTIAL PREMISES" HAS THE MEANING SET FORTH IN
SECTION
38-12-502 (8).
(12) "S
HORT-TERM RENTAL PROPERTY " MEANS A RESIDENTIAL
PREMISES THAT IS LEASED
:
(a) F
OR LESS THAN THIRTY CONSECUTIVE DAYS IN EXCHANGE FOR
REMUNERATION AND FOR TEMPORARY
, RECREATIONAL, BUSINESS, OR
TRANSIENT PURPOSES
; OR
(b) PURSUANT TO A RENTAL AGREEMENT OR OTHER OCCUPANCY
AGREEMENT IF THE TENANT OF THE RENTAL AGREEMENT OR OTHER
OCCUPANCY AGREEMENT IS RENTING THE RESIDENTIAL PREMISES FOR LESS
THAN SIX MONTHS FROM A LANDLORD TO WHICH THE TENANT SOLD THE
RESIDENTIAL PREMISES
.
(13) "S
UBSTANTIAL REPAIRS OR RENOVATIONS " MEANS REPAIRS OR
RENOVATIONS THAT
:
(a) C
ANNOT BE REASONABLY ACCOMPLISHED IN A SAFE OR EFFICIENT
MANNER WITH THE TENANT IN PLACE
;
(b) A
RE NOT REPAIRS OR RENOVATIONS THAT ARE NECESSARY TO
REMEDY A BREACH OF THE WARRANTY OF HABITABILITY DESCRIBED IN
SECTION
38-12-503; AND
PAGE 3-HOUSE BILL 24-1098 (c) REQUIRE THE TENANT TO VACATE THE RESIDENTIAL PREMISES
FOR AT LEAST THIRTY DAYS
.
(14) "T
ENANT" HAS THE MEANING SET FORTH IN SECTION 38-12-502
(9).
"TENANT" DOES NOT INCLUDE A HOME OWNER , AS DEFINED IN SECTION
38-12-201.5 (2).
(15) "W
RITTEN NOTICE" MEANS WRITTEN NOTICE TO VACATE THAT :
(a) C
OMPLIES WITH SECTION 13-40-106; AND
(b) IS PROVIDED TO A TENANT BY A LANDLORD OR BY A LANDLORD 'S
AGENT
.
38-12-1302. Applicability. (1) T
HIS PART 13 APPLIES TO EVERY
RESIDENTIAL PREMISES IN THE STATE
; EXCEPT THAT THIS PART 13 DOES NOT
APPLY TO
:
(a) A
SHORT-TERM RENTAL PROPERTY;
(b) A
DWELLING UNIT OR OTHER PORTION OF A RESIDENTIAL
PREMISES IF THE OWNER OR MASTER TENANT LIVES IN AND MAINTAINS THE
RESIDENTIAL PREMISES AS THE OWNER
'S OR MASTER TENANT'S PRIMARY
RESIDENCE OR IF THE OWNER OF THE RESIDENTIAL PREMISES LIVES IN A
PROPERTY THAT IS ADJACENT TO THE RESIDENTIAL PREMISES AND THAT THE
OWNER MAINTAINS AS THE OWNER
'S PRIMARY RESIDENCE AND THE
RESIDENTIAL PREMISES OR THE OWNER
'S ADJACENT PROPERTY:
(I) I
S:
(A) A
SINGLE-FAMILY HOME WITH OR WITHOUT AN ACCESSORY
DWELLING UNIT THAT IS LOCATED ON THE SAME LOT AND ATTACHED
,
SEMI-ATTACHED, OR UNATTACHED TO THE SINGLE-FAMILY HOME;
(B) A
DUPLEX; OR
(C) A TRIPLEX; AND
(II) IS NOT A MULTIFAMILY PROPERTY OF FOUR OR MORE DWELLING
UNITS
;
PAGE 4-HOUSE BILL 24-1098 (c) A MOBILE HOME SPACE, AS DEFINED IN SECTION 38-12-201.5
(6.5),
THAT IS LEASED TO A HOME OWNER , AS DEFINED IN SECTION
38-12-201.5 (2), OR TO OTHER TENANTS OCCUPYING THE MOBILE HOME
SPACE PURSUANT TO A LEASE
-TO-OWN AGREEMENT, PURCHASE OPTION, OR
SIMILAR AGREEMENT
;
(d) A
RESIDENTIAL PREMISES THAT IS LEASED TO A TENANT
PURSUANT TO AN EMPLOYER
-PROVIDED HOUSING AGREEMENT , AS DEFINED
IN SECTION
13-40-104 (5)(a);
(e) A
RESIDENTIAL TENANT WHO HAS NOT BEEN A TENANT OF A
RESIDENTIAL PREMISES FOR AT LEAST TWELVE MONTHS
; OR
(f) A RESIDENTIAL TENANT WHO IS NOT KNOWN TO THE LANDLORD
TO BE A TENANT OF THE RESIDENTIAL PREMISES
.
38-12-1303. Cause for eviction required - no-fault evictions.
(1) A
LANDLORD SHALL NOT SERVE A NOTICE TO TERMINATE TENANCY OR
A DEMAND FOR POSSESSION OR OTHERWISE PROCEED WITH AN ACTION FOR
UNLAWFUL DETAINER PURSUANT TO ARTICLE
40 OF TITLE 13 UNLESS THERE
IS CAUSE FOR THE EVICTION
.
(2) F
OR THE PURPOSES OF SUBSECTION (1) OF THIS SECTION, CAUSE
EXISTS ONLY AS DESCRIBED IN THE FOLLOWING SECTIONS
:
(a) S
ECTION 13-40-104 (1)(a) FOR WHEN ENTRY IS MADE WITHOUT
RIGHT OR TITLE INTO ANY VACANT OR UNOCCUPIED LANDS OR TENEMENTS
;
(b) S
ECTION 13-40-104 (1)(b) FOR WHEN ENTRY IS MADE
WRONGFULLY INTO CERTAIN PUBLIC LANDS
, TENEMENTS, MINING CLAIMS, OR
OTHER POSSESSIONS
;
(c) S
ECTION 13-40-104 (1)(c) FOR WHEN A LESSEE OR TENANT AT
WILL
, OR AT SUFFERANCE, OF ANY NONRESIDENTIAL REAL PROPERTY OR
RESIDENTIAL PREMISES DESCRIBED IN SECTION
38-12-1302 (1)(a), (1)(b),
(1)(d), (1)(e),
OR (1)(f) HOLDS OVER AND CONTINUES IN POSSESSION OF THE
PROPERTY OR PREMISES
, OR ANY PORTION OF THE PROPERTY OR PREMISES ,
AFTER THE EXPIRATION OF THE TERM FOR WHICH THE PROPERTY OR
PREMISES WAS LEASED OR AFTER THE TENANCY
, AT WILL OR AT SUFFERANCE,
HAS BEEN TERMINATED BY EITHER PARTY ;
PAGE 5-HOUSE BILL 24-1098 (d) SECTION 13-40-104 (1)(d) FOR NONPAYMENT OF RENT ;
(e) S
ECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION, AS
DESCRIBED IN SECTION
13-40-107.5;
(f) S
ECTION 13-40-104 (1)(e) FOR A MATERIAL VIOLATION OF THE
LEASE OR RENTAL AGREEMENT
;
(g) S
ECTION 13-40-104 (1)(e.5) FOR A REPEAT VIOLATION AFTER
RECEIPT OF PROPER NOTICE OF A VIOLATION
;
(h) S
ECTION 13-40-104 (1)(e.8) AND SUBSECTION (3) OF THIS
SECTION CONCERNING NO
-FAULT EVICTIONS;
(i) S
ECTION 13-40-104 (1)(f) FOR POSSESSION AFTER A LEGAL SALE;
(j) S
ECTION 13-40-104 (1)(g) FOR WHEN PROPERTY HAS BEEN SOLD
UNDER A JUDGMENT OR DECREE AND THE PARTY OR PRIVIES TO THE
JUDGMENT OR DECREE REFUSE OR NEGLECT TO SURRENDER POSSESSION
AFTER THE EXPIRATION OF THE TIME OF REDEMPTION
, WHEN REDEMPTION IS
ALLOWED BY LAW
, AFTER THE PURCHASER DEMANDS THE PROPERTY ;
(k) S
ECTION 13-40-104 (1)(h) FOR WHEN AN HEIR OR DEVISEE
CONTINUES IN POSSESSION OF A PREMISES SOLD AND CONVEYED BY A
PERSONAL REPRESENTATIVE
;
(l) S
ECTION 13-40-104 (1)(i) FOR A VENDEE THAT HOLDS OVER
AFTER FAILING TO COMPLY WITH AN AGREEMENT TO PURCHASE LANDS OR
TENEMENTS
; AND
(m) SECTION 13-40-104 (1)(j) FOR WHEN A TENANT HAS ENGAGED
IN CONDUCT THAT CREATES A NUISANCE OR DISTURBANCE THAT INTERFERES
WITH THE QUIET ENJOYMENT OF THE LANDLORD OR OTHER TENANTS AT THE
PROPERTY OR WHERE THE TENANT IS NEGLIGENTLY DAMAGING THE
PROPERTY
.
(3) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (5) OF THIS
SECTION
, THE FOLLOWING CONDITIONS CONSTITUTE GROUNDS FOR A
NO
-FAULT EVICTION OF A TENANT:
PAGE 6-HOUSE BILL 24-1098 (a) Demolition or conversion of residential premises. W HEN A
LANDLORD PLANS TO DEMOLISH A RESIDENTIAL PREMISES
, CONVERT IT TO A
NONRESIDENTIAL USE
, OR CONVERT IT TO A SHORT-TERM RENTAL PROPERTY,
THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A TENANT OF THE
RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE RENTAL
AGREEMENT SO LONG AS THE LANDLORD
:
(I) A
LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION
(3)(a)(II) OF THIS SECTION
TO VACATE THE RESIDENTIAL PREMISES
, DURING WHICH TIME THE TENANT
MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME
TERMS OF THE TENANT
'S EXISTING RENTAL AGREEMENT ; AND
(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
OF THE NO
-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES:
(A) T
HE DATE BY WHICH THE TENANT MUST VACATE THE
RESIDENTIAL PREMISES
, WHICH DATE MUST BE AT LEAST NINETY DAYS AFTER
THE DATE UPON WHICH THE LANDLORD PROVIDES THE WRITTEN NOTICE TO
THE TENANT
; AND
(B) A DESCRIPTION AND TIMELINE OF THE DEMOLITION OR
CONVERSION OF THE RESIDENTIAL PREMISES AND A MATERIAL
DEMONSTRATION OF THE PROPOSED DATE UPON WHICH THE PROJECT WILL
COMMENCE
, SUCH AS A COPY OF A BUILDING PERMIT OR APPLICATION FOR A
PERMIT OR LICENSE TO OPERATE A SHORT
-TERM RENTAL PROPERTY, WHERE
APPLICABLE
.
(b) Substantial repairs or renovations. (I) E
XCEPT AS DESCRIBED
IN SUBSECTION
(3)(b)(II) OF THIS SECTION, WHEN A LANDLORD PLANS TO
MAKE SUBSTANTIAL REPAIRS OR RENOVATIONS TO A RESIDENTIAL PREMISES
,
THE LANDLORD MAY INITIATE A NO -FAULT EVICTION OF A TENANT OF THE
RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE RENTAL
AGREEMENT SO LONG AS THE LANDLORD
:
(A) A
LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION
(3)(b)(I)(B) OF THIS
SECTION TO VACATE THE RESIDENTIAL PREMISES
, DURING WHICH TIME THE
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER
THE SAME TERMS OF THE TENANT
'S EXISTING RENTAL AGREEMENT ;
PAGE 7-HOUSE BILL 24-1098 (B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
OF THE NO
-FAULT EVICTION, WHICH WRITTEN NOTICE INCLUDES THE DATE BY
WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES
, WHICH DATE
MUST BE AT LEAST NINETY DAYS AFTER THE DATE UPON WHICH THE
LANDLORD PROVIDES THE WRITTEN NOTICE TO THE TENANT
;
(C) P
ROVIDES THE TENANT AN EXPECTED COMPLETION DATE AND A
GENERAL DESCRIPTION OF THE SUBSTANTIAL REPAIRS OR RENOVATIONS TO
THE RESIDENTIAL PREMISES
;
(D) P
ROCEEDS WITHOUT UNREAS ONABLE DELAY TO EFFECT THE
SUBSTANTIAL REPAIRS OR RENOVATIONS UPON THE LANDLORD
'S RECOVERY
OF POSSESSION OF THE RESIDENTIAL PREMISES
; AND
(E) FOR ANY REPAIRS OR RENOVATIONS EXPECTED TO LAST LESS
THAN ONE HUNDRED EIGHTY DAYS
, PROVIDES THE TENANT A WRITTEN
NOTICE SENT IN A MANNER THAT THE LANDLORD TYPICALLY USES TO
COMMUNICATE WITH THE TENANT
, WHICH NOTICE INCLUDES THE EXPECTED
COMPLETION DATE FOR THE REPAIRS OR RENOVATIONS
. IF, WITHIN TEN DAYS
AFTER RECEIVING THE NOTICE
, THE TENANT NOTIFIES THE LANDLORD THAT
THE TENANT WANTS TO RETURN TO THE RESIDENTIAL PREMISES
, THE
LANDLORD SHALL OFFER THE TENANT THE FIRST RIGHT OF REFUSAL TO SIGN
A NEW RENTAL AGREEMENT WITH REASONABLE TERMS
. IF THE TENANT
ACCEPTS THE NEW RENTAL AGREEMENT
, THE TENANT HAS THIRTY DAYS TO
OCCUPY THE RESIDENTIAL PREMISES UNLESS THE PARTIES MUTUALLY AGREE
ON AN EXTENDED TIMELINE IN WRITING
.
(II) A
LANDLORD SHALL NOT INITIATE A NO-FAULT EVICTION OF A
TENANT AS DESCRIBED IN SUBSECTION
(3)(b)(I) OF THIS SECTION IF THE
SUBSTANTIAL REPAIRS OR RENOVATIONS THAT ARE THE ALLEGED BASIS OF
THE NO
-FAULT EVICTION ARE:
(A) R
EQUIRED IN ORDER FOR THE LANDLORD TO SATISFY ALL
REQUIRED REMEDIAL ACTION DESCRIBED IN SECTION
38-12-503 CONCERNING
A BREACH OF THE WARRANTY OF HABITABILITY
; OR
(B) INITIATED BY THE LANDLORD IN RETALIATION AGAINST THE
TENANT
, AS DESCRIBED IN SECTION 38-12-509 (1).
(c) Landlord or family member of landlord assumes occupancy.
PAGE 8-HOUSE BILL 24-1098 (I) WHEN A LANDLORD PLANS TO RECOVER POSSESSION OF A RESIDENTIAL
PREMISES FOR THE LANDLORD
'S OWN USE AND OCCUPANCY AS A RESIDENCE ,
OR FOR THE USE AND OCCUPANCY AS A RESIDENCE BY THE LANDLORD 'S
FAMILY MEMBER
, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION OF A
TENANT OF THE RESIDENTIAL PREMISES AT THE END OF THE TERM OF THE
RENTAL AGREEMENT SO LONG AS
:
(A) E
XCEPT AS DESCRIBED IN SUBSECTION (3)(c)(III) OF THIS
SECTION
, THE LANDLORD OR THE LANDLORD'S FAMILY MEMBER MOVES INTO
THE RESIDENTIAL PREMISES WITHIN THREE MONTHS AFTER THE TENANT
VACATES THE RESIDENTIAL PREMISES
;
(B) E
XCEPT AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS
SECTION
, THE LANDLORD PROVIDES THE TENANT PROPER SERVICE OF A
WRITTEN NOTICE OF THE NO
-FAULT EVICTION AT LEAST NINETY DAYS BEFORE
THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL PREMISES
,
DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION OF THE
RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT
'S EXISTING
RENTAL AGREEMENT
;
(C) N
O SUBSTANTIALLY EQUIVALENT UNIT IS VACANT AND
AVAILABLE TO HOUSE THE LANDLORD OR THE LANDLORD
'S FAMILY MEMBER
IN THE SAME BUILDING
; AND
(D) THE LANDLORD DOES NOT LIST THE RESIDENTIAL PREMISES FOR
A LONG
-TERM OR SHORT-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER
THE DATE THE TENANT IS REQUIRED TO VACATE
.
(II) I
F THE LANDLORD IS AN INDIVIDUAL ON ACTIVE MILITARY DUTY
FOR THE
UNITED STATES MILITARY FORCES OR A SPOUSE OF SUCH AN
INDIVIDUAL
, THE LANDLORD MUST PROVIDE THE TENANT PROPER SERVICE OF
A WRITTEN NOTICE OF THE NO
-FAULT EVICTION AT LEAST FORTY-FIVE DAYS
BEFORE THE DATE BY WHICH THE TENANT MUST VACATE THE RESIDENTIAL
PREMISES
, DURING WHICH TIME THE TENANT MAY REMAIN IN POSSESSION OF
THE RESIDENTIAL PREMISES UNDER THE SAME TERMS OF THE TENANT
'S
EXISTING RENTAL AGREEMENT
.
(III) I
F THE LANDLORD OR THE LANDLORD 'S FAMILY MEMBER IS A
PERSON WITH A DISABILITY
, THE LANDLORD MAY EXTEND FOR A
REASONABLE TIME THE PERIOD OF TIME DESCRIBED SUBSECTION
(3)(c)(I)(A)
PAGE 9-HOUSE BILL 24-1098 OF THIS SECTION TO ALLOW FOR CHANGES TO BE MADE TO THE RESIDENTIAL
PREMISES TO ACCOMMODATE THE FAMILY MEMBER WITH THE DISABILITY
.
(d) Withdrawal from rental market for the purpose of selling the
residential premises. (I) W
HEN A LANDLORD PLANS TO SELL A
RESIDENTIAL PREMISES THAT IS A SINGLE
-FAMILY HOME, A TOWNHOME, A
DUPLEX
, A TRIPLEX, OR AN INDIVIDUAL CONDOMINIUM UNIT, THE LANDLORD
MAY INITIATE A NO
-FAULT EVICTION OF A TENANT OF THE RESIDENTIAL
PREMISES AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO LONG AS
THE LANDLORD
:
(A) A
LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
THE WRITTEN NOTICE DESCRIBED IN SUBSECTION
(3)(d)(I)(B) OF THIS
SECTION TO VACATE THE RESIDENTIAL PREMISES
, DURING WHICH TIME THE
TENANT MAY REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER
THE SAME TERMS OF THE TENANT
'S EXISTING RENTAL AGREEMENT ;
(B) P
ROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
OF THE LANDLORD
'S INTENT TO WITHDRAW THE RESIDENTIAL PREMISES FROM
THE RENTAL MARKET AND SELL THE RESIDENTIAL PREMISES
, WHICH NOTICE
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO VACATE
;
AND
(C) DOES NOT LIST THE RESIDENTIAL PREMISES FOR A LONG-TERM OR
SHORT
-TERM RENTAL FOR AT LEAST NINETY DAYS AFTER THE DATE ON
WHICH THE TENANT IS REQUIRED TO VACATE
; EXCEPT THAT THIS SUBSECTION
(3)(d)(I)(C) DOES NOT APPLY IF THE LANDLORD PRODUCES EVIDENCE THAT
THE RESIDENTIAL PREMISES WAS LISTED FOR SALE ON A MULTIPLE
-LISTING
SERVICE AFTER THE TENANT WAS REQUIRED TO VACATE
.
(II) N
OTHING IN THIS SUBSECTION (3)(d) MAY BE CONSTRUED TO
ALLOW A LANDLORD TO INITIATE A NO
-FAULT EVICTION OR OTHERWISE
TERMINATE A RENTAL AGREEMENT WITHOUT CAUSE BEFORE THE END OF THE
TERM OF THE RENTAL AGREEMENT
.
(e) Tenant refuses to sign new lease with reasonable terms. I
F A
TENANT REFUSES TO SIGN A NEW RENTAL AGREEMENT WITH REASONABLE
TERMS
, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION OF THE TENANT
SO LONG AS THE LANDLORD
:
PAGE 10-HOUSE BILL 24-1098 (I) ALLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
THE NOTICE DESCRIBED IN SUBSECTION
(3)(e)(II) OF THIS SECTION TO
VACATE THE RESIDENTIAL PREMISES AFTER THE TENANT HAS REFUSED TO
SIGN THE NEW RENTAL AGREEMENT
, DURING WHICH TIME THE TENANT MAY
REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME
TERMS AS THE TENANT
'S EXISTING RENTAL AGREEMENT ; AND
(II) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
OF THE LANDLORD
'S INTENT TO TERMINATE THE TENANCY , WHICH NOTICE
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO VACATE
.
(f) History of nonpayment of rent. (I) I
F A TENANT SUBMITS A
RENT PAYMENT LATE MORE THAN TWO TIMES DURING THE PERIOD OF THE
RENTAL AGREEMENT
, THE LANDLORD MAY INITIATE A NO-FAULT EVICTION
OF THE TENANT AT THE END OF THE TERM OF THE RENTAL AGREEMENT SO
LONG AS THE LANDLORD
:
(A) A
LLOWS THE TENANT AT LEAST NINETY DAYS AFTER RECEIVING
THE NOTICE DESCRIBED IN SUBSECTION
(3)(f)(I)(B) OF THIS SECTION TO
VACATE THE RESIDENTIAL PREMISES
, DURING WHICH TIME THE TENANT MAY
REMAIN IN POSSESSION OF THE RESIDENTIAL PREMISES UNDER THE SAME
TERMS AS THE TENANT
'S EXISTING RENTAL AGREEMENT ; AND
(B) PROVIDES THE TENANT PROPER SERVICE OF A WRITTEN NOTICE
OF THE LANDLORD
'S INTENT TO TERMINATE THE TENANCY , WHICH NOTICE
INCLUDES THE DATE ON WHICH THE TENANT WILL BE REQUIRED TO VACATE
.
(II) F
OR PURPOSES OF THIS SUBSECTION (3)(f), A RENT PAYMENT
QUALIFIES AS LATE IF IT IS SUBMITTED MORE THAN TEN CALENDAR DAYS
AFTER THE DAY IT IS DUE ACCORDING TO THE RENTAL AGREEMENT AND THE
LANDLORD PROVIDES THE TENANT WITH PROPER SERVICE OF A WRITTEN
NOTICE UNDER SECTION
13-40-104 (1)(d).
(III) T
HIS SUBSECTION (3)(f) DOES NOT APPLY IF THE RENT PAYMENT
IS SUBMITTED WITHIN THE CURE PERIOD DESCRIBED IN SECTION
13-40-104
(1)(d).
(4) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPACT THE
INTERPRETATION OF THE MEANING OF THE TERM
"GOOD CAUSE" AS THE
TERM IS USED IN FEDERAL LAW OR FEDERAL REGULATIONS
.
PAGE 11-HOUSE BILL 24-1098 (5) (a) A LANDLORD MAY PROCEED WITH A NO -FAULT EVICTION OF
A TENANT BY FILING AN ACTION UNDER ARTICLE
40 OF TITLE 13 ONLY IF THE
LANDLORD PROVIDES PROPER SERVICE OF A WRITTEN NOTICE OF THE
NO
-FAULT EVICTION AND THE TENANT FAILS TO VACATE ON OR BEFORE THE
DEADLINE STATED IN THE NOTICE
.
(b) A
WRITTEN NOTICE PROVIDED PURSUANT TO SUBSECTION (3) OF
THIS SECTION MUST INCLUDE A STATEMENT OF THE LEGAL AND FACTUAL
BASIS FOR THE LANDLORD
'S NO-FAULT EVICTION OF THE TENANT , WHICH
LEGAL BASIS MUST BE SET FORTH IN SUBSECTION
(3) OF THIS SECTION.
38-12-1304. Violations - remedies. I
F A LANDLORD PROCEEDS WITH
AN EVICTION OF A TENANT OF A RESIDENTIAL PREMISES IN VIOLATION OF
THIS PART
13, AND THE TENANT LOSES POSSESSION OF THE DWELLING UNIT
WITHOUT A COURT ORDER
, THE TENANT MAY SEEK RELIEF AS DESCRIBED IN
SECTION
38-12-510.
38-12-1305. No waiver of requirements by agreement. A
PROVISION OF A RENTAL AGREEMENT OR OTHER AGREEMENT THAT PURPORTS
TO AUTHORIZE OR EFFECTUATE A WAIVER OR MODIFICATION OF ANY
PROVISION OF THIS PART
13 IS VOID AND UNENFORCEABLE.
38-12-1306. Affirmative defense. I
F A LANDLORD FAILS TO COMPLY
WITH THIS PART
13, A TENANT MAY ASSERT THE LANDLORD 'S FAILURE AS AN
AFFIRMATIVE DEFENSE FOR A TENANT TO AN EVICTION PROCEEDING
. IF A
TENANT ASSERTS SUCH AN AFFIRMATIVE DEFENSE
, AND THE LANDLORD
CANNOT DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE THAT THE
LANDLORD HAS COMPLIED WITH THIS PART
13, THE COURT SHALL DISMISS
THE EVICTION PROCEEDING
.
38-12-1307. Retaliatory rent increase prohibited. A
LANDLORD
SHALL NOT INCREASE A TENANT
'S RENT IN A DISCRIMINATORY ,
RETALIATORY, OR UNCONSCIONABLE MANNER TO CIRCUMVENT THE
REQUIREMENTS AND PROHIBITIONS SET FORTH IN THIS PART
13.
SECTION 3. In Colorado Revised Statutes, 13-40-104, amend (1)
introductory portion, (1)(c), (1)(e), and (1)(e.5)(II); and add (1)(e.8) and
(1)(j) as follows:
13-40-104. Unlawful detention defined - definitions. (1) Any
A
PAGE 12-HOUSE BILL 24-1098 person is guilty of HAS COMMITTED an unlawful detention of real property
in the following cases:
(c) When any lessee or tenant at will, or by AT sufferance, or for any
part of a year, or for one or more years PERIOD OF TIME, of any
NONRESIDENTIAL real property OR RESIDENTIAL PREMISES DESCRIBED IN
SECTION
38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f), including a
specific or undivided portion of a building, or dwelling,
holds over and
continues in possession of the demised premises NONRESIDENTIAL REAL
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION
38-12-1302
(1)(a), (1)(b), (1)(d), (1)(e),
OR (1)(f), or any portion thereof, after the
expiration of the term for which the same were
NONRESIDENTIAL REAL
PROPERTY OR RESIDENTIAL PREMISES DESCRIBED IN SECTION
38-12-1302
(1)(a), (1)(b), (1)(d), (1)(e),
OR (1)(f) WAS leased or after such
THE tenancy
at will or sufferance, has been terminated by either party;
(e) When such A tenant or lessee holds over without such
permission, contrary to any other MATERIAL condition or covenant of the
agreement under which such THE tenant or lessee holds, and ten days' notice
in writing has been duly served upon such THE tenant or lessee requiring in
the alternative the EITHER compliance with such THE condition or covenant
or the delivery of the possession of the premises; so held; except that, for
a nonresidential agreement or an employer-provided housing agreement,
three days' notice is required, pursuant to this section,
and for an exempt
residential agreement, five days' notice is required; pursuant to this section.
(e.5) (II) A tenancy pursuant to a residential agreement may be
terminated at any time pursuant to this subsection (1)(e.5) on the basis of a
subsequent violation of the same condition or covenant of the agreement.
The termination of a residential tenancy is effective ten days after service
of written notice to quit
TERMINATE TENANCY. Notwithstanding any other
provision of this subsection (1)(e.5)(II), a tenancy pursuant to a
nonresidential agreement, an exempt residential agreement, or an
employer-provided housing agreement may be terminated at any time
pursuant to this subsection (1)(e.5) on the basis of a subsequent violation.
The termination of a nonresidential tenancy or an employer-provided
housing tenancy is effective three days after service of written notice to quit
TERMINATE TENANCY , and the termination of a tenancy pursuant to an
exempt residential agreement is effective five days after service of written
notice to quit
TERMINATE TENANCY.
PAGE 13-HOUSE BILL 24-1098 (e.8) WHEN A TENANT HOLDS OVER AND MAINTAINS POSSESSION OF
A RESIDENTIAL PREMISES AFTER THE LANDLORD HAS PROPERLY INITIATED A
NO
-FAULT EVICTION BY SATISFYING THE NOTICE REQUIREMENTS AND OTHER
REQUIREMENTS ASSOCIATED WITH THE NO
-FAULT EVICTION, AS DESCRIBED
IN SECTION
38-12-1303 (3);
(j) (I) W
HEN A TENANT OR LESSEE HOLDS OVER WITHOUT
PERMISSION OF THE LANDLORD AFTER THE TENANT OR LESSEE HAS ENGAGED
IN CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A NUISANCE
, WHICH
CONDUCT INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD
, IF
THE LANDLORD LIVES IN THE SAME OR AN IMMEDIATELY ADJACENT
PROPERTY
, OR OF OTHERS WHO RESIDE IN AN IMMEDIATELY ADJACENT
PROPERTY
, OR OF OTHER TENANTS OR OCCUPANTS OF THE SAME PROPERTY ,
OR THE TENANT OR LESSEE BY REASON OF NEGLIGENCE DAMAGED THE
HOUSING ACCOMMODATION
, AND TEN DAYS' NOTICE IN WRITING HAS BEEN
DULY SERVED UPON THE TENANT OR LESSEE
, WHICH NOTICE CONTAINS A
DESCRIPTION OF THE SPECIFIC CONDUCT THAT DISTURBED OTHERS OR
CAUSED A NUISANCE
, REQUIRING IN THE ALTERNATIVE CESSATION OF THE
CONDUCT THAT IS DISTURBING OTHERS OR CAUSING A NUISANCE THAT
INTERFERES WITH THE QUIET ENJOYMENT OF THE LANDLORD
, IF THE
LANDLORD LIVES IN THE SAME OR IMMEDIATELY ADJACENT PROPERTY
, OR
OTHER TENANTS OR OCCUPANTS OF THE SAME PROPERTY
, OR MALICIOUSLY
OR BY REASON OF NEGLIGENCE DAMAGED THE HOUSING ACCOMMODATION
OR POSSESSION OF THE PREMISES SO HELD
; EXCEPT THAT, FOR A
NONRESIDENTIAL AGREEMENT OR AN EMPLOYER
-PROVIDED HOUSING
AGREEMENT
, THREE DAYS' NOTICE IS REQUIRED PURSUANT TO THIS
SUBSECTION
(1)(j), AND FOR AN EXEMPT RESIDENTIAL AGREEMENT , FIVE
DAYS
' NOTICE IS REQUIRED PURSUANT TO THIS SECTION.
(II) T
HE LAWFUL EXERCISE BY A TENANT OF ANY RIGHTS PURSUANT
TO ANY LAW OR RULE RELATING TO OCCUPANCY OF A PROPERTY
, INCLUDING
THIS SUBSECTION
(1)(j), SHALL NOT BE DEEMED TO INTERFERE WITH THE
QUIET ENJOYMENT OF THE LANDLORD OR OTHER TENANTS OR OTHER
GROUND FOR EVICTION PURSUANT TO THIS SUBSECTION
(1)(j).
(III) I
T SHALL NOT CONSTITUTE A NUISANCE OR DISTURBANCE FOR
PURPOSES OF THIS SUBSECTION
(1)(j) IF A VICTIM OF DOMESTIC VIOLENCE IS
BEING ACCUSED OF CAUSING A DISTURBANCE OR NUISANCE AS A DIRECT
RESULT OF BEING A VICTIM OF DOMESTIC VIOLENCE
. THIS EXCEPTION APPLIES
ONLY TO VICTIMS OF DOMESTIC VIOLENCE AND NOT TO PERPETRATORS
.
PAGE 14-HOUSE BILL 24-1098 SECTION 4. In Colorado Revised Statutes, amend 13-40-106 as
follows:
13-40-106. Written demand. (1) The demand
OR NOTICE required
by section 13-40-104
OR 38-12-1303 shall be made in writing, specifying
the grounds of the demandant's right to the possession of such
THE
premises, INCLUDING A SPECIFIC DESCRIPTION OF THE ALLEGED VIOLATION
OR NO
-FAULT EVICTION GROUNDS , describing the same
PREMISES, and
INDICATING the DATE AND time when the same PREMISES shall be delivered
up, and shall be signed by the person claiming such possession, his THE
PERSON
'S agent, or his
THE PERSON'S attorney.
(2) The demand
OR NOTICE REQUIRED BY SECTION 13-40-104 OR
38-12-1303 must also include a statement that a residential tenant who
receives supplemental security income, social security disability insurance
under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et
seq., as amended, or cash assistance through the Colorado works program
created in part 7 of article 2 of title 26 has a right to mediation prior to the
landlord filing an eviction complaint with the court pursuant to section
13-40-110.
(3) T
HE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-104 OR
38-12-1303 MUST BE WRITTEN IN ENGLISH, SPANISH, OR ANY OTHER
LANGUAGE THAT THE LANDLORD KNOWS
, OR HAS REASON TO KNOW, IS THE
PRIMARY LANGUAGE OF THE TENANT
.
SECTION 5. In Colorado Revised Statutes, amend 13-40-107 as
follows:
13-40-107. Notice to terminate tenancy. (1) A tenancy may be
terminated by notice in writing, served not less than the respective period
fixed before the end of the applicable tenancy, as follows: A LANDLORD OF
NONRESIDENTIAL REAL PROPERTY OR A RESIDENTIAL PREMISES DESCRIBED
IN SECTION
38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), OR (1)(f) OR A TENANT
OF ANY PROPERTY OR PREMISES MAY TERMINATE A PERIODIC TENANCY AT
THE END OF THE TENANCY PERIOD OR ELECT TO NOT RENEW A FIXED TERM
TENANCY AT THE END OF THE FIXED TERM BY SERVING WRITTEN NOTICE
THAT EXPIRES AT THE END OF THE PERIOD OR FIXED TERM
, BASED ON THE
LENGTH OF THE APPLICABLE TENANCY DESCRIBED IN SUBSECTION
(2) OF THIS
SECTION
.
PAGE 15-HOUSE BILL 24-1098 (2) THE WRITTEN NOTICE DESCRIBED IN SUBSECTION (1) OF THIS
SECTION MUST BE SERVED BEFORE THE END OF THE PERIOD OR FIXED TERM
,
AS FOLLOWS:
(a) A tenancy for one year or longer,
AT LEAST ninety-one days;
(b) A tenancy of six months or longer but less than a year,
AT LEAST
twenty-eight days;
(c) A tenancy of one month or longer but less than six months,
AT
LEAST
twenty-one days;
(d) A tenancy of one week or longer but less than one month, or a
tenancy at will,
AT LEAST three days;
(e) A tenancy for less than one week,
AT LEAST one day.
(2)
(3) Such THE WRITTEN notice shall DESCRIBED IN SUBSECTION (1)
OF THIS SECTION MUST:
(a) Describe the property and the particular time DATE when the
tenancy will terminate; and
(b) shall Be signed by the landlord or tenant, the party giving such
notice, or his THE LANDLORD'S OR TENANT'S agent or attorney.
(3) Any person in possession of real property with the assent of the
owner is presumed to be a tenant at will until the contrary is shown.
(4) No WRITTEN notice to quit shall be UNDER SUBSECTION (1) OF
THIS SECTION IS
necessary from or to
a tenant whose term WITH A
FIXED
-TERM TENANCY THAT is, by agreement, to end at a time certain.
(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
termination of a residential tenancy during the ninety-day period provided
for in said section.
SECTION 6. In Colorado Revised Statutes, 13-40-107.5, amend
(4)(a) and (4)(b) as follows:
PAGE 16-HOUSE BILL 24-1098 13-40-107.5. Termination of tenancy for substantial violation -
definition - legislative declaration. (4) (a) A tenancy may be terminated
at any time on the basis of a substantial violation. The termination shall be
IS effective three days after service of written notice to quit TERMINATE
TENANCY
.
(b) The notice to quit shall
TERMINATE TENANCY MUST describe the
property, the particular time DATE when the tenancy will terminate, and the
grounds for termination. The notice shall MUST be signed by the landlord or
by the landlord's agent or attorney.
SECTION 7. In Colorado Revised Statutes, amend 13-40-108 as
follows:
13-40-108. Service of notice to vacate or demand. A
WRITTEN
notice to quit
VACATE or demand for possession of real property AS
REQUIRED BY SECTION
13-40-104, 38-12-202, 38-12-204, OR 38-12-1303
may be served by delivering a copy thereof
OF THE NOTICE to the A KNOWN
tenant or other person occupying such THE premises, or by leaving such
copy with some person, a member of the tenant's family above the age of
fifteen years, residing on or in charge of the premises, or, in case no one is
on the premises at the time service is attempted
AFTER ATTEMPTS AT
PERSONAL SERVICE AT LEAST ONCE ON TWO SEPARATE DAYS
, by posting
such
THE copy in some conspicuous place on the premises.
SECTION 8. In Colorado Revised Statutes, 13-40-110, amend (2)
as follows:
13-40-110. Action - how commenced - report. (2) In an action for
termination of a tenancy in a mobile home park, the complaint, in addition
to the requirements of subsection (1) of this section, must specify the
reasons for termination as the reasons are stated in section 38-12-203. The
complaint must specify the approximate time, place, and manner in which
the tenant allegedly committed the acts giving rise to the complaint. If the
action is based on the mobile home or mobile home lot being out of
compliance with the rules and regulations adopted pursuant to section
38-12-214, the complaint must specify that the home owner was given
ninety days after the date of service or posting of the notice to quit
TERMINATE TENANCY to cure the noncompliance, that ninety days have
passed, and the noncompliance has not been cured.
PAGE 17-HOUSE BILL 24-1098 SECTION 9. In Colorado Revised Statutes, 38-12-202, amend
(1)(a) introductory portion, (1)(b), and (3) as follows:
38-12-202. Tenancy - notice to terminate tenancy. (1) (a) No
Tenancy or other lease or rental occupancy of space in a mobile home park
shall MAY NOT commence without a written lease or rental agreement, and
no tenancy in a mobile home park shall NOT be terminated until a notice to
quit TERMINATE TENANCY or notice of nonpayment of rent has been served.
A notice to quit shall TERMINATE TENANCY MUST be in writing and in the
form specified in section 13-40-107 (2) INCLUDE A DESCRIPTION OF THE
PROPERTY
. The property description required in section 13-40-107 (2)
is
legally sufficient if it states:
(b) Service of the notice to quit shall TERMINATE TENANCY MUST be
as specified in section 13-40-108. C.R.S. Service by posting shall be IS
deemed legally sufficient within the meaning of section 13-40-108 C.R.S.,
if the notice is affixed to the main entrance of the mobile home.
(3) In any notice provided by the management as required by this
section, the management shall specify the reason for the termination, as
described in section 38-12-203, of the tenancy that is the subject of the
notice. If the management is terminating the tenancy because the mobile
home or mobile home lot is out of compliance with local ordinances or state
laws or rules relating to mobile homes and mobile home lots, as described
in section 38-12-203 (1)(a), or out of compliance with written rules and
regulations of the mobile home park, as described in section 38-12-203
(1)(c), the notice must include a statement advising the home owner that the
home owner has a right to cure the noncompliance within ninety days after
the date of service or posting of the notice to quit
TERMINATE TENANCY.
This ninety-day period runs concurrently with the ninety-day period to sell
the mobile home or remove it from the premises as set forth in subsection
(1)(c)(I) of this section. Rent payment and other agreed tenant obligations
remain in effect during this ninety-day period, and acceptance of rent by a
landlord during this ninety-day period does not constitute a waiver of the
landlord's right to terminate the tenancy for any noncompliance described
in section 38-12-203 (1)(a) or (1)(c).
SECTION 10. In Colorado Revised Statutes, 38-12-204.3, amend
(1) introductory portion, (1)(a), and (2) as follows:
PAGE 18-HOUSE BILL 24-1098 38-12-204.3. Notice required for termination. (1) Where the
tenancy of a mobile home owner is being terminated under section
38-12-202 or section 38-12-204, the landlord or mobile home park owner
shall provide such mobile home owner with written notice as provided for
in subsection (2) of this section. Service of such notice shall
MUST occur at
the same time and in the same manner as service of:
(a) The notice to quit TERMINATE TENANCY as provided in section
38-12-202 (1); or
(2) The notice required under this section must be in at least
ten-point type and must read as follows:
IMPORTANT NOTICE TO THE HOME OWNER:
This notice and the accompanying notice to quit TERMINATE
TENANCY
/notice of nonpayment of rent are the first steps in the eviction
process. Any dispute you may have regarding the grounds for eviction
should be addressed with your landlord or the management of the mobile
home park or in the courts if an eviction action is filed. Please be advised
that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado
Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and
Enforcement Program" created in section 38-12-1104, Colorado Revised
Statutes, may provide you with legal protection.
NOTICE TO QUIT
TERMINATE TENANCY: In order to terminate a
home owner's tenancy, the landlord or management of a mobile home park
must serve to a home owner a notice to quit
TERMINATE TENANCY. The
notice must be in writing and must contain certain information, including:
! The grounds for the termination of the tenancy;
! Whether or not the home owner has a right to cure under the
"Mobile Home Park Act"; and
! That the home owner has the option of mediation pursuant to
section 38-12-216, Colorado Revised Statutes, of the "Mobile
Home Park Act" and the option of filing a complaint through
the "Mobile Home Park Act Dispute Resolution and
Enforcement Program" created in section 38-12-1104,
PAGE 19-HOUSE BILL 24-1098 Colorado Revised Statutes.
NOTICE OF NONPAYMENT OF RENT: In order to terminate a
home owner's tenancy due to nonpayment of rent, the landlord or
management of a mobile home park must serve to a home owner a notice
of nonpayment of rent. The notice must be in writing and must require that
the home owner either make payment of rent or sell the owner's unit or
remove it from the premises within a period of not less than ten days after
the date the notice is served or posted, for failure to pay rent when due.
CURE PERIODS: If the home owner has a right to cure under the
"Mobile Home Park Act", the landlord or management of a mobile home
park cannot terminate a home owner's tenancy without first providing the
home owner with a time period to cure the noncompliance. "Cure" refers to
a home owner remedying, fixing, or otherwise correcting the situation or
problem that made the tenancy subject to termination pursuant to sections
38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.
COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE
TENANCY: After the last day of the applicable notice period required by
section 38-12-202 (1)(c), Colorado Revised Statutes, a legal action may be
commenced to take possession of the space leased by the home owner. In
order to evict a home owner, the landlord or management of the mobile
home park must prove:
! The landlord or management complied with the notice
requirements of the "Mobile Home Park Act";
! The landlord or management provided the home owner with
a statement of reasons for termination of the tenancy; and
! The reasons for termination of the tenancy are true and valid
under the "Mobile Home Park Act".
To defend against an eviction action, a home owner must appear in
court. If the court rules in favor of the landlord or management of the
mobile home park, the home owner has not less than thirty days from the
time of the ruling to either remove or sell the mobile home and to vacate the
premises. If the home owner wishes to extend such period beyond thirty
days but not more than sixty days from the date of the ruling, the home
PAGE 20-HOUSE BILL 24-1098 owner shall prepay to the landlord an amount equal to a pro rata share of
rent for each day following the expiration of the initial thirty-day period
after the court's ruling that the mobile home owner will remain on the
premises. All prepayments shall be paid no later than thirty days after the
court ruling. This section does not preclude earlier removal by law
enforcement officers of a mobile home or one or more mobile home owners
or occupants from the mobile home park if a mobile home owner violates
article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303, Colorado
Revised Statutes.
SECTION 11. In Colorado Revised Statutes, 38-12-701, amend
(2)(b) as follows:
38-12-701. Notice of rent increase. (2) (b) A landlord may
SHALL
not terminate a residential tenancy in which there is no written agreement
by serving a tenant with a notice to quit pursuant to section 13-40-107
TERMINATE TENANCY with the primary purpose of increasing a tenant's rent
in a manner inconsistent with this section.
SECTION 12. In Colorado Revised Statutes, 38-12-222, amend (3)
as follows:
38-12-222. Residents' right to privacy. (3) Except when posting
notices that are required by law or by a rental agreement, the management
shall make a reasonable effort to notify a resident of the management's
intention to enter the mobile home space at least forty-eight
SEVENTY-TWO
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.
SECTION 13. In Colorado Revised Statutes, 38-12-508, amend (4)
as follows:
38-12-508. Landlord's defenses to a claim of breach of warranty
- limitations on claiming a breach. (4) Except as provided in section
38-12-509 (2), a tenant may not assert a breach of the warranty of
habitability as a defense to a landlord's action for possession based upon a
nonmonetary violation of the rental agreement or for an action for
possession based upon a notice to quit
TERMINATE TENANCY or vacate.
PAGE 21-HOUSE BILL 24-1098 SECTION 14. In Colorado Revised Statutes, 38-12-509, amend
(1.5) as follows:
38-12-509. Prohibition on retaliation. (1.5) A tenant may assert
as a defense to a landlord's action for possession, including an action for
possession based on a nonmonetary violation of the rental agreement or an
action for possession based upon a notice to quit
TERMINATE TENANCY or
vacate, that the landlord retaliated against the tenant in violation of
subsection (1) of this section.
SECTION 15. In Colorado Revised Statutes, 38-33-112, amend (3)
as follows:
38-33-112. Notification to residential tenants. (3) Said
THE notice
DESCRIBED IN SUBSECTION (1) OF THIS SECTION constitutes the notice to
terminate the tenancy; as provided by section 13-40-107, C.R.S.; except that
no A residential tenancy shall NOT be terminated prior to the expiration date
of the existing lease agreement, if any, unless consented to by both the
tenant and the developer. If the term of the lease has less than ninety days
remaining when notification is mailed or delivered, as the case may be, or
if there is no written lease agreement, residential tenancy may
SHALL not be
terminated by the developer less than ninety days after the date the notice
is mailed or delivered, as the case may be, to the tenant, unless consented
to by both the tenant and the developer. The return receipt shall be
IS prima
facie evidence of receipt of notice. If the term of the lease has less than
ninety days remaining when notification is mailed or delivered, as the case
may be, the tenant may hold over for the remainder of said ninety-day
period under the same terms and conditions of the lease agreement if the
tenant makes timely rental payments and performs other conditions of the
lease agreement.
SECTION 16. Severability. If any provision of this act or the
application of this act to any person or circumstance is held invalid, such
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 17. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 22-HOUSE BILL 24-1098 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 23-HOUSE BILL 24-1098