Concerning protections for residential tenants, and, in connection therewith, requiring cause for the eviction of a residential tenant.
BILL SUMMARY
The bill prohibits a landlord from evicting a residential tenant unless the landlord has cause for eviction. Cause exists only when:
A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended by the bill; or
Conditions exist constituting grounds for a “no-fault eviction”.
The following conditions constitute grounds for a “no-fault eviction” of a residential tenant, with certain limitations:
Demolition or conversion of the residential premises;
Substantial repairs or renovations to the residential premises;
Occupancy assumed by the landlord or a family member of the landlord;
Expiration of time-limited housing operated by a mission-driven organization; and
Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises.
A landlord that proceeds with a no-fault eviction in violation of certain notice requirements or other restrictions must provide relocation assistance to the tenant in the amount of 2 months’ rent plus one additional month of rent if any of the following individuals reside in the residential premises:
An individual who is under 18 years of age or at least 60 years of age;
An individual whose income is no greater than 80% of the area median income; or
An individual with a disability.
If a landlord proceeds with an eviction of a tenant without cause, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant and may assert the landlord’s violation as an affirmative defense to an eviction proceeding.
Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy. For the purpose of such notices, certain provisions apply, including the following:
Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown; and certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit.
The bill eliminates these provisions.
Current law requires the management of a mobile home park to make a reasonable effort to notify a resident of the management’s intention to enter the mobile home space at least 48 hours before entry. The bill increases this notice period to 72 hours.
The link to the bill can be found here.
ACTION STEPS
STEP ONE:
Register to Testify NOW for (3/7/24)
Preferred: In Person
Remote Option Available
(https://www2.leg.state.co.us/
Committee: Senate Local Government & Housing
Date: 03/07/24 Upon Adjournment
Hearing Item: HB24-1098
Position: Against
STEP TWO:
Preparation Session (3/6/24 @ 11:00-11:30 a.m.)
Date: Wednesday, March 6, 2024 @ 11:00-11:30 a.m.
Join the Colorado Landlord Legislative Coalition CLLC to prepare for your testimony
Meeting link
meet.google.com/ehi-bxyp-wde
Join by phone(US) +1 631-616-9282- PIN: 187146493
STEP THREE:
Take Action
https://omg.quorum.us/campaign/55922/
Step Four:
Join CLLC
Click here to help the Colorado Landlord Legislative Coalition (CLLC) support Housing Providers by becoming a Member today!
