We continue to monitor a number of bills, but the two most important right now are HB24-1098: Cause Required for Residential Eviction and SB24-094: Safe Housing for Residential Tenants.

HB24-1098: has passed (amended) the House, and was assigned to a Senate committee. There, it was amended once again to only take effect for a tenant who has lived in a unit for 12 months or longer. This is being heard on the Senate floor, and we should know its future soon.

Important points of this bill:

Remove the traditional non-renewal option to landlords, property owners, and property managers.

Limits reasons you may evict a tenant for cause to:

Squatters
Nonpayment of rent
Substantial violations
Material violations
Repeat violations
No fault evictions
For possession after a legal sale
When the 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
When an heir or devisee continues in possession in possession after the property is sold
For a vendee that holds over after failing to comply with an agreement to purchase lands or tenements
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

Limits reasons you may end a tenancy via the “no-fault” options to:

Demolition or conversion of a rental premises
Substantial repairs or renovations
Must offer the tenant the first right to return to the property pursuant to a rental agreement of substantially the same terms, including rent in the same amount or reasonably increased amount
Landlord or family member of the landlord assumes occupancy
Family member limited to: spouse, domestic partner, child, stepchild, parent, grandparent, or grandchild
Must move into the unit within 3 months after the tenant vacates
No substantially equivalent unit is vacant and available to house the landlord or family member in the same building
Creates a rebuttable presumption that a landlord did not act in good faith if they fail to occupy the property as a primary residence for at least 60 consecutive days after they assume occupancy of the unit
If the landlord is on active military duty, or a spouse of an active duty service member, the notice period is reduced to 45 days
If the landlord or family member is a person with a disability, the time to move in may be extended for a reasonable time period to allow for changes to be made to the premises to accommodate the person with the disability
Withdrawal from the rental market for the purpose of selling the property
Must not list the property again for a long- or short-term rental for at least 90 days after the tenant is required to vacate
Does not apply if the landlord produces evidence that the property was listed for sale on an MLS after the tenant was required to vacate
Tenant refuses to sign new lease with reasonable terms
History of nonpayment of rent
A rent payment qualifies as late if it is submitted more than 10 calendar days after the day it is due AND the landlord provides the tenant with a property service of a written notice
DOES NOT APPLY if the rent payment is submitted within the cure period described in CRS 13-40-104 (1)(d) or 13-10-115 (4)
All no-fault eviction notices must have a 90-day notice from the landlord
Updates the posting requirements to: Attempted personal service once on two separate days before posting the notice in a conspicuous place
Updates “notice to quit” to “notice to terminate tenancy”
All demands must be written in English, Spanish, OR any other language the landlord knows, or has reason to know, is the primary language of the tenant
No waiver of requirements by agreement
Ask your attorney about this one, and any potential impact on mediation!
Failure to comply with the bill can be used as an affirmative defense for the tenant
Prohibits retaliatory rent increases
A landlord shall not increase a tenant’s rent in a discriminatory, retaliatory, or unconscionable manner to circumvent the requirements and prohibitions set forth

SB24-094: Safe Housing for Residential Tenants – has passed the Senate, and has been introduced in the House. There is still potential for this to be amended, although since it passed in the Senate, it’s very likely that this will pass in some form or another. I’ll get a summary on this one out to everyone after it has made it through committee again.