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HB 24-1098

signed

Cause Required for Eviction of Residential Tenant

Plain-English Summary

AI-generated

House Bill 24-1098 in Colorado makes it illegal for landlords to evict residential tenants without a valid reason. Valid reasons include the tenant causing significant damage or disturbance, engaging in unlawful behavior, or refusing to sign a new lease with reasonable terms. The bill also allows landlords to evict tenants if they plan to demolish or renovate the property, move in themselves, take the property off the rental market for sale, or if there's a history of rent nonpayment. This law provides more protection for tenants by requiring landlords to have specific justifications before eviction and extends notice requirements for entering mobile homes from 48 to 72 hours. The bill was signed into law on April 19, 2024, and is now in effect.

Official Summary

With certain exceptions, the act 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 act; A tenant or lessee 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 an immediately adjacent property, or where the tenant negligently damaged the property; 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 of the residential premises is assumed by the landlord or a family member of the landlord; Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises; A tenant refuses to sign a new lease with reasonable terms; and A tenant has a history of nonpayment of rent. 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 act 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 act increases this notice period to 72 hours. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)

Details

Chamber
House
First action
2024-04-19
Latest action
2024-01-24
Last action desc.
Introduced In House - Assigned to Transportation, Housing & Local Government
OpenStates
View source ↗

Sponsors

Votes

REPASS
2024-03-28 · House · passYes: 41 · No: 17 · Other:
CONCUR
2024-03-28 · House · passYes: 43 · No: 15 · Other:
AMEND
2024-03-26 · Senate · passYes: 34 · No: 0 · Other:
BILL
2024-03-26 · Senate · passYes: 19 · No: 15 · Other:
COW *
2024-03-25 · Senate · failYes: 16 · No: 17 · Other:
COW *
2024-03-25 · Senate · passYes: 19 · No: 16 · Other:
COW *
2024-03-25 · Senate · failYes: 13 · No: 20 · Other:
COW *
2024-03-25 · Senate · passYes: 18 · No: 15 · Other:
COW *
2024-03-25 · Senate · failYes: 15 · No: 18 · Other:
BILL
2024-02-20 · House · passYes: 38 · No: 19 · Other:
PERM
2024-02-20 · House · passYes: 50 · No: 7 · Other:
AMD
2024-02-20 · House · passYes: 42 · No: 15 · Other:
PERM
2024-02-20 · House · passYes: 44 · No: 13 · Other:
AMD
2024-02-20 · House · passYes: 41 · No: 16 · Other:
AMD
2024-02-16 · House · failYes: 11 · No: 42 · Other:
AMD
2024-02-16 · House · failYes: 11 · No: 42 · Other: