HB 24-1098 - Establishes a "For Cause" Eviction Process - Colorado Key Vote

Timeline

Related Issues

Stage Details

See How Your Politicians Voted

Title: Establishes a "For Cause" Eviction Process

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that establishes "for cause eviction" process which maintains the circumstances under which a landlord can evict a tenant in the middle of a lease in the state of Colorado.

Highlights:

  • Establishes "for cause eviction" process which maintains the circumstances under which a landlord can evict a tenant in the middle of a lease in the state of Colorado, including when (Sec. 2-17):

    • A tenant fails to pay rent;

    • A tenant commits a substantial, material, or repeated lease violation;

    • A tenant engages “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 negligent damaging the property.” There’s an exception for victims of domestic violence.

  • Specifies the following causes as reasons a landlord may opt out of renewing a lease agreement, including if they (Sec. 2-17):

    • Decide to demolish their residential property, convert it to a nonresidential use or convert it to a short-term rental property. They would have to provide their tenant written notice 90 days in advance, however, and that notice would have to include a description of the timeline of the demolition or property-use change;

    • Decide to make substantial repairs or renovations. They would have to provide written notice 90 days in advance and include a description of the work to be completed and when it is expected to be done. If the work is expected to last less than 180 days, the tenant would have 10 days to notify their landlord that they want to return to the property and would get a first right of refusal to sign a new lease for the home;

    • If they want to move themselves or a family member into the residential property. Again, 90 days written notice would be required of the tenant, and the landlord or their family member would have to move into the property within three months after the tenant vacates the home. Landlords would still have to renew the tenant’s lease if a substantially equivalent unit that they could move themself or their family member into was available nearby. If the landlord changes course, they would be barred from listing the property for rent for at least 90 days after their tenant is required to leave the home.

    • Opt to remove the property from the rental market and put it up for sale. They once more would have to provide their tenant with 90 days written notice. Landlords would be prevented in this situation from relisting the property for rent for 90 days after their tenants have to move out unless the landlord can provide evidence that the home was listed for sale after the move-out date.

  • Authorizes landlords to also block their tenants from renewing a lease if they refuse to agree with new, ”reasonable” terms after receiving 90 days written notice of the changes. They would also be allowed to deny renewal if their tenant submits a rent payment that is more than 10 calendar days late 3 or more times in a lease period. But a 90-day notice would be required (Sec. 2-17).

  • Exempts landlords from being prohibited from raising rent from one lease period to the next, as long as it’s not “retaliatory” in a manner meant to subvert the measure (Sec. ) 

  • Specifies tenants would be able to take their landlord to court if the renewal rules are violated, though the protections will not kick in until a tenant has lived in their rental for at least 12 months (Sec. 2-17).

See How Your Politicians Voted

Title: Establishes a "For Cause" Eviction Process

Vote Smart's Synopsis:

Vote to pass a bill that establishes "for cause eviction" process which maintains the circumstances under which a landlord can evict a tenant in the middle of a lease in the state of Colorado.

Highlights:

  • Establishes "for cause eviction" process which maintains the circumstances under which a landlord can evict a tenant in the middle of a lease in the state of Colorado, including when (Sec. 2-17):

    • A tenant fails to pay rent;

    • A tenant commits a substantial, material, or repeated lease violation;

    • A tenant engages “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 negligent damaging the property.” There’s an exception for victims of domestic violence.

  • Specifies the following causes as reasons a landlord may opt out of renewing a lease agreement, including if they (Sec. 2-17):

    • Decide to demolish their residential property, convert it to a nonresidential use or convert it to a short-term rental property. They would have to provide their tenant written notice 90 days in advance, however, and that notice would have to include a description of the timeline of the demolition or property-use change;

    • Decide to make substantial repairs or renovations. They would have to provide written notice 90 days in advance and include a description of the work to be completed and when it is expected to be done. If the work is expected to last less than 180 days, the tenant would have 10 days to notify their landlord that they want to return to the property and would get a first right of refusal to sign a new lease for the home;

    • If they want to move themselves or a family member into the residential property. Again, 90 days written notice would be required of the tenant, and the landlord or their family member would have to move into the property within three months after the tenant vacates the home. Landlords would still have to renew the tenant’s lease if a substantially equivalent unit that they could move themself or their family member into was available nearby. If the landlord changes course, they would be barred from listing the property for rent for at least 90 days after their tenant is required to leave the home.

    • Opt to remove the property from the rental market and put it up for sale. They once more would have to provide their tenant with 90 days written notice. Landlords would be prevented in this situation from relisting the property for rent for 90 days after their tenants have to move out unless the landlord can provide evidence that the home was listed for sale after the move-out date.

  • Authorizes landlords to also block their tenants from renewing a lease if they refuse to agree with new, ”reasonable” terms after receiving 90 days written notice of the changes. They would also be allowed to deny renewal if their tenant submits a rent payment that is more than 10 calendar days late 3 or more times in a lease period. But a 90-day notice would be required (Sec. 2-17).

  • Exempts landlords from being prohibited from raising rent from one lease period to the next, as long as it’s not “retaliatory” in a manner meant to subvert the measure (Sec. ) 

  • Specifies tenants would be able to take their landlord to court if the renewal rules are violated, though the protections will not kick in until a tenant has lived in their rental for at least 12 months (Sec. 2-17).

Title: Establishes a "For Cause" Eviction Process

arrow_upward