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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

Related Legislation

This bill affects (34)

amends
HB 19-1309(2019A)· signed
Mobile Home Park Act Oversight
amends
HB 17-1310(2017A)· failed
Residential Landlord Application Screening Fee
amends
HB 17-1312(2017A)· signed
Residential Lease Copy And Rent Receipt
amends
HB 17-1095(2017A)· failed
Service Of Process To Secured Dwellings
amends
SB 18-056(2018A)· signed
Civil Jurisdiction Of County Courts And Filing Fees
amends
HB 23-1120(2023A)· signed
Eviction Protections For Residential Tenants
amends
HB 18-1397(2018A)· signed
Landlord Tenant Warranty Of Habitability
amends
HB 22-1287(2022A)· signed
Protections For Mobile Home Park Residents
amends
HB 23-1171(2023A)· signed
Just Cause Requirement Eviction Of Residential Tenant
amends
HB 19-1170(2019A)· signed
Residential Tenants Health And Safety Act
amends
HB 23-1186(2023A)· signed
Remote Participation In Residential Evictions
amends
HB 21-1121(2021A)· signed
Residential Tenancy Procedures
amends
HB 23-1302(2023A)· signed
Housing Accessibility
amends
HB 19-1118(2019A)· signed
Time Period To Cure Lease Violation
amends
HB 23-1254(2023A)· signed
Habitability of Residential Premises
amends
SB 17-245(2017A)· signed
Tenancies One Month To One Year Notice
amends
SB 18-120(2018A)· signed
Time Period For Tenant To Cure Unpaid Rent
relates
SB 17-098(2017A)· failed
Mobile Home Parks
relates
HB 23-1257(2023A)· signed
Mobile Home Park Water Quality
relates
HB 22-1287(2022A)· signed
Protections For Mobile Home Park Residents
relates
HB 18-1234(2018A)· signed
Internet Sweepstakes Café Revise Legal Terms
relates
HB 23-1095(2023A)· signed
Prohibited Provisions In Rental Agreements
relates
HB 23-1120(2023A)· signed
Eviction Protections For Residential Tenants
relates
HB 17-1035(2017A)· signed
Sex Assault And Stalking Victims May Break Leases
relates
HB 17-1310(2017A)· failed
Residential Landlord Application Screening Fee
relates
HB 19-1170(2019A)· signed
Residential Tenants Health And Safety Act
relates
SB 23-290(2023A)· signed
Natural Medicine Regulation And Legalization
relates
HB 23-1254(2023A)· signed
Habitability of Residential Premises
relates
HB 17-1312(2017A)· signed
Residential Lease Copy And Rent Receipt
relates
HB 18-1397(2018A)· signed
Landlord Tenant Warranty Of Habitability
relates
SB 23-206(2023A)· signed
Disclose Radon Information Residential Property
relates
SB 18-010(2018A)· signed
Residential Lease Copy And Rent Receipt
relates
SB 18-034(2018A)· signed
Relocate Title 12 Gaming To New Title 44
relates
HB 18-1200(2018A)· signed
Cybercrime Changes

Affected by (20)

amends
HB 26-1072(2026A)· failed
Right to Firearm Possession & Elimination of Extreme Risk Protection Orders
amends
HB 25-1090(2025A)· signed
Protections Against Deceptive Pricing Practices
amends
HB 25-1168(2025A)· signed
Housing Protections for Victim-Survivors
amends
SB 24-064(2024A)· signed
Monthly Residential Eviction Data & Report
amends
HB 25-1196(2025A)· signed
Landlord Procedures for Removal of Tenants
amends
HB 25-1235(2025A)· signed
Jury Trials for Tenant Proceedings
amends
HB 25-1092(2025A)· signed
Rent Increases by Landlord to Tenant
amends
HB 24-1294(2024A)· signed
Mobile Homes in Mobile Home Parks
amends
HB 26-1224(2026A)· signed
Protections for Mobile Home Park Residents
amends
HB 26-1047(2026A)· failed
Protections for Residential Tenants
relates
HB 24-1099(2024A)· signed
Defendant Filing Fees in Evictions
relates
HB 25-1196(2025A)· signed
Landlord Procedures for Removal of Tenants
relates
HB 26-1106(2026A)· failed
Eviction Protections for Tenants
relates
HB 26-1047(2026A)· failed
Protections for Residential Tenants
relates
SB 24-094(2024A)· signed
Safe Housing for Residential Tenants
relates
HB 24-1294(2024A)· signed
Mobile Homes in Mobile Home Parks
repeals
SB 25-131(2025A)· signed
Reducing the Cost of Housing
repeals
HB 24-1294(2024A)· signed
Mobile Homes in Mobile Home Parks
repeals
HB 25-1168(2025A)· signed
Housing Protections for Victim-Survivors
repeals
SB 24-094(2024A)· signed
Safe Housing for Residential Tenants

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: