Colorado Landlord Tenant Laws for 2024

What are your rights? Stay up-to-date with the most recent Colorado Laws For Landlords. We provide Colorado Laws for Landlord resources. If you're a landlord in Colorado, it's essential to know your rights (and responsibilities) as set out in Colorado laws.
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February Landlord Legislation Update 2024 CO Laws for Landlords Legislative Update Summary of the 2023 Legislative Session Rent Control Property
Tax Protections For Mobile Veterans And Military Status Programs To Develop Housing

February Landlord Legislation Update

February Legislative Update:

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.

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

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.

Samantha Santee
Accounting Coordinator, Colorado Realty and Property Management, Inc. CSNARPM Legislative Chair, CLLC

2024 CO Laws for Landlords Legislative Update

Colorado Laws for Landlords: Summary of the 2024 Legislative Session

Colorado’s 2024 Legislative Session for Landlords

January 10, 2024, was marked as the most tenant-friendly and landlord-unfriendly Congress will convene and begin to pass new legislation. Here’s an idea of what we expect to see this year.

Rent Control

Last year, a bill that would repeal the state-wide prohibition on rent control policies was narrowly defeated in committee. This year, we expect to see a similar bill introduced again. With changes made to Senate leadership in the Democratic Party, we don’t expect to be able to have votes in any committee to easily kill the bill in committee.

Just Cause Evictions

Last year, we saw a bill to categorize so-called “just-cause evictions” was killed by calendar. The session ran out of time before the bill could either be approved or defeated by Congress. This year, we expect to see similar legislation introduced, and very likely much earlier in the session. Again, with the changes made to committees after last year, defeating this bill will be an uphill battle.

More regulations of “junk fees”

One of the trends we’re seeing nationwide is a crackdown on so-called “junk fees”. In other words, fees that management companies and individual landlords use to generate profit. We saw this start in Colorado a couple of years ago with caps on late fees, and last year limits were placed on pet fees and upcharges on third-party fees. Application fees have also fallen victim to the trend. This year, we expect to see more limits placed on revenue streams funded by tenants.

Increase notice requirements for entry into a rental property

The standard notice required before a landlord can enter a rental property–outside of an emergency–is 24 hours, in writing. We may see a bill come through that increases this notice requirement to 48 or 72 hours instead. While this seems fairly reasonable for most cases, it can allow tenants who are violating the lease or the law ample time to hide away or remove the violation, enabling them to continue their violation. 3 days is plenty of time to arrange for an unauthorized pet to stay with a friend for a few hours, or to clean up the meth lab in the basement.

How can you help?

If any of the above topics is a cause of concern for you, please get involved. If you’re a resident of Colorado, please reach out to your Representative or Senator and express your concerns. Direct feedback from constituents, either by email, letter, or phone call, can be the difference in a vote for or a vote against any given bill.

If you’re looking to support an organization on the front lines, please become a member of the Colorado Landlord Legislative Coalition, the CLLC. As an organization, the CLLC works directly with members of Congress to attend stakeholder meetings, give feedback on bills, and organize testimony directly to committees. The biggest thing you can do to support the CLLC is become a member. When it comes to politics, numbers matter. The bigger an organization can be, the more sway it has.

Stay informed! Informed people can educate others. If you learn about a bill or proposal that concerns you, share it with a friend or two. Pass it along to other family members that are homeowners, or who have rental properties. We want to educate everyone we can, in the hopes of protecting and growing the industry we love.

Colorado Realty and Property Management, Inc.

Summary of the 2023 Legislative Session

Summary of the 2023 Legislative Session which ended May 2023.

It is now the end of the 120-day legislative session in Colorado. Fortunately for Colorado landlords, there are no more bills to introduce since this has been one of the most challenging defensive sessions in recent memory.

After the November elections, housing affordability became the legislature's top priority as it took office in January. As a result of this focus, there has been an almost unmanageable number of bills – many of them dealing with major policy issues – attempting to shift Colorado's landlord-tenant laws from favoring landlords as property owners to emphasizing tenant rights over those traditionally held by property owners.

Landlords in Colorado face enormous risks and responsibilities as providers of highly valuable real estate assets to tenants based on background checks, security deposits, and leases as guarantees of payment.

Eviction is a costly last resort when non-payment is not recovered. As stakeholders, we offered testimony on seven high-profile pieces of legislation this past session, reached out to legislators with concerns based on Calls to Action, participated in lengthy negotiations at the Capitol, and assisted our members, investors, Board of Directors, and professional lobbyist in advocating for them. A total of eight other bills dealing with additional housing issues were also introduced by us.

We are celebrating our successful active role in stopping the most egregious bills that we viewed as third-degree burns. While the dust settles on the bills signed or awaiting the Governor's signature, we suffered some scrapes and bruises, with two of which we requested a veto from the governor.

As part of SB 23-184, tenant screenings utilizing credit reports are limited, and income scores are reduced from industry standards of 2.5 or three times rent to income ratios (the legislation passed with a standard of two times). Although the introduced version of this bill was much worse, with provisions such as limiting deposit amounts and requiring landlords to accept the first qualified applicant, we believe the final version passed the legislature to be such a drastic change to our application and review processes that we are joining other Colorado housing providers in calling for Governor Polis to veto it.

HB 23-1190, the second bill on our veto request list, is one we hope the Governor will reject based on our concerns. Multi-family properties have a time limit for a local government to exercise a first right of refusal under this bill. The result will be a distorting effect on the market, with both transaction delays and uncertainty leading to higher prices - completely in opposition to the goal of providing affordable housing.

In addition to HB 23-1171 expiring on the Senate calendar after running out of time at the end of session, we also won two major victories with HB 23-1171, the Just Cause Evictions bill. It was a hard-fought victory for our industry, but progressives and housing justice advocates expect this bill to return in some form during the next session.

Another victory against local rent control policies was the defeat of HB 23-1115, which repealed Colorado's prohibition on rent control.

Several other bills were amended meaningfully - such as radon, pet rent, and disaster habitability legislation.

Our discussions with bill sponsors, proponents, and other housing groups resulted in several favorable amendments to HB 23-1095. Our efforts to add additional amendments, remove class action lawsuits, and increase third-party services were unsuccessful.

On portable tenant screening reports, HB 23-1099, we worked to negotiate reasonable dollar caps on rental application fees (fees are already regulated in statute), but we could not find enough votes to overturn the sponsors and proponents, so this legislation is expected to eliminate application fees and introduce onerous advertising requirements.

In terms of bringing the parties together to resolve differences and avoid eviction, HB 23-1120, which addresses mediation before eviction may have some merit. We could have worked together to improve this system rather than adding more delays for landlords who need access to the eviction process. Unfortunately, the proponents moved forward with legislation, which passed. In this bill, we worked during committee meetings and floor debates to add language that would not delay evictions if mediation fails.

Many legislators agreed with us and worked to add additional amendments, but we were unable to convince a majority of legislators and these amendments did not pass.

House Committee killed a problematic bill that would have required rental housing to be accessible to people with disabilities. During the legislative interim, a task force will be meeting on this topic, which we will actively monitor.

You may find a full list of CLLC bills HERE

Rent Control

Renters would be protected from eviction by a new Denver landlord tax

Denver voters will decide in November whether to enact a new tax on landlords to provide lawyers for people facing evictions following two COVID-19-addled years during which federal and state intervention prevented an even worse situation for many renters.

Denver's No Eviction Without Representation Denver Ordinance 305 proposes a $75 per unit annual tax on landlords who own most rental housing in Denver. Tax revenues would be used to establish a legal defense program for renters at risk of losing their housing during eviction proceedings, which would increase with inflation.

Those in support of the measure say it would prevent more people from becoming homeless amid the housing crisis facing the country, state and city. It is expected to raise just under $12 million in its first year.

“It’s about keeping people in their homes,” housing activist Wren Echo, one of the lead organizers for the 305 campaign, said.
The Apartment Association of Metro Denver, on the other hand, claims that the new tax would simply be passed on to renters who are already strapped for cash.

“It’s totally unnecessary,” said Drew Hamrick, the association’s senior vice president of government affairs. There is a $75 fee no matter how poor you are ... and you have access to (the legal defense) no matter how wealthy you are. I don’t think the government should subsidize lawyers in civil matters.”

Disclaimer: We are not attorneys and we are not giving legal advice. For legal advice and/or questions please contact an attorney.

Property
Tax

Property Tax SB22-238

SB22-238 - 2023 and 2024 Property Tax

For the years 2023 and 2024, reducing the real property taxation, reducing the assessment rates for certain classes of nonresidential property and residential property, and adjusting the amount of actual value to which the assessment rate will apply for all residential real estate and commercial property in 2023.; reducing the assessment rates for all multi-family residential real property to a set amount for 2024; reducing the assessment rates for all residential real property other than multi-family residential real property for 2024 by an amount determined by the property tax

administrator to cumulatively with the other provisions of the bill reduce statewide property tax revenue for 2023 and 2024 by a specified amount; reducing the assessment rates for real and personal property that is classified as agricultural or renewable energy production property for 2024; and requiring the state to reimburse local governments, excluding school districts, in 2024 for 2023 reductions in their property tax revenue resulting from the bill.

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Protections For Mobile

Protections For Mobile Home Park Residents HB22-1287

HB22-1287 Protections For Mobile Home Park Residents

The purpose of this bill is to provide protections to residents of mobile home parks, and, in connection with this, to appropriate funds.

This act amends the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program"

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Veterans And Military Status

Veterans And Military Status In Fair Housing HB22-1102

Anyone selling or renting a dwelling cannot discriminate against an individual based on their veteran or military status. It is illegal to refuse to negotiate for housing with an individual on the basis of their veteran or military status, or to deny or withhold housing based on an individual's veteran or military status. In accordance with the act, a person who was dishonorably discharged from military service is not considered a veteran or a member of the military.

To the extent necessary to determine whether an individual is eligible for a benefit offered to veterans or members of the military, the act permits inquiries regarding the individual's veteran or military status. A veteran or military housing benefit or any other advertising related to veteran or military housing is also permitted under the act. Regulations governing veterans' benefits can be adhered to under the act.

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Programs To Develop Housing

Programs To Develop Housing Support Services SB22-231

Supportive housing services for underserved communities, with a preference for rural and frontier communities to serve people with behavioral, mental health, and substance abuse disorders who have been involved with the criminal justice system, and programs to build statewide capacity for accessing supportive housing services.

The Legislative Oversight Committee on the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. By passing this bill, the Division Of Housing in the Department of Local Affairs (division) will be able to establish and expand programs to build the capacity of communities across the state. Individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless or who have contact with the criminal or juvenile justice systems will receive supportive housing services, including:

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Colorado Landlord-Tenant Laws You Should Know About

Pet rent

Marijuana in a Rental Property

Emotional Support Animals

Affecting Colorado Landlords

HB24-1007 Prohibit Residential Occupancy Limits

HB24-1051 Towing Carrier Regulation

HB24-1011 Mortgage Servicers Disburse Insurance Proceeds

HB24-1014 Deceptive Trade Practice Significant Impact Standard

HB24-1057 Prohibit Algorithmic Devices used for Rent Setting

HB24-1078 Regulation of Community Association Managers

HB24-1071 Name Change to Conform with Gender Identity

HB24-1085 Limitation on Actions against Appraisers

HB24-1091 Fire-Hardened Building Materials in Real Property

SB24-005 Prohibit Landscaping Practices for Water Conservation

SB24-021 Exempt Small Communities from HOA Requirements

SB24-033 Lodging Property Tax Treatment

SB24-064 Monthly Residential Eviction Data & Report

HB23-1115 Concerning the Repeal of Statutory Provisions Prohibiting Local Governments from Enacting Rent Control

HB23-1099 Concerning Tenant Screening Documentation for Residential Leases

HB23-1095 Concerning Prohibiting the Inclusion of Certain Provisions in Written Rental Agreements

HB23-1068 – Pet Ownership in Housing

HB23-1095 – Rental Agreement Prohibited Provisions

HB22-1416 Property Tax Administrative Procedures

HB22-1362 Building Greenhouse Gas Emissions

HB22-1282 – The Innovative Housing Incentive Program

HB22-1282 – The Innovative Housing Incentive Program

HB22-1416 – Property Tax Administrative Procedures

HB22-1137 Homeowners’ Association Board Accountability And Transparency

HB22-1071 – Damages In Class Actions Consumer Protection Act

HB22-1239 – Regulate Community Association Managers

HB22-1040 – Home Owners’ Reasonable Access To Common Areas

HB22-1102 – Veterans And Military Status In Fair Housing

HB22-1287 Protections For Mobile Home Park Residents

HB22-1036 Improvement Location Certificate Real Estate Forms

HB22-1006 Child Care Center Property Tax Exemption

HB22-1218 Resource Efficiency Buildings Electric Vehicles

SB22-238 – 2023 And 2024 Property Tax

SB22-146 – Middle Income Access Program Expansion

SB22-072 – Grants To Incentivize Home Use For Renters

SB22-051 Policies To Reduce Emissions From Built Environment

SB22-232 Creation Of Colorado Workforce Housing Trust Authority

SB22-160 Loan Program Resident-Owned Communities

SB22-157 Information Sharing For Consumer Protection Investigation

SB22-086 Homestead Exemption And Consumer Debt Protection

SB22-063 Property Ownership Fairness Act

SB22-060 – Limit Home Owners’ Association Fee Increases For Common Elements

SB22-019 – Access To Suppressed Court Eviction Records

SB22-059 – Home Owners’ Association Voting Proxy Limitations

SB22-159 – Revolving Loan Fund Invest Affordable Housing

SB22-231 – Programs To Develop Housing Support Services

Not sure if you need property management? Ask yourself these questions:

Laws And Regulations

Are you up to date on the ever-changing Fair Housing laws, legislation regarding Warranty of Habitability, lead based paint testing and toxic mold policies?

Has your property been issued a current Rental Housing License? If not, are you aware of the penalties?

Are you familiar with the new laws and legislation affecting your property?

Do you understand the complex nature of service, companion and emotional support animals?

Are you concerned about the recent legalization of marijuana and how this impacts you as the Landlord and your property?

Do you clearly understand the laws regarding security deposit dispositions and the interest due to the tenant?

Are you concerned about the possibility of a tenant suing you…and winning? It’s happening more and more every day.

Tenants And Collecting Rent

Do you want to deal with late payments, bounced checks, and collecting rent in general?

Do you dread confrontation with tenants? How are they maintaining the property? Are they paying their rent on time?

Advertising Your Rental

Do you cross your fingers, hoping that you won’t have to deal with the exhaustive move-out, advertising, and move-in processes that occur between tenants?

Do you struggle with advertising and showing your vacant property?

Tenants Screeming

Are you prepared to take applications, run credit, and perform background checks?

Do you have a way to screen potential tenants

Maintenance Issues

Are you frustrated with the calls and fines by the Homeowners Association or the City of Denver for something that you didn’t know about?

Do you sometimes feel that you spend too much of your time collecting checks, paying vendors, and performing all of the accounting necessary on your rental?

Offering property management solutions in Denver CO surrounding areas:

Marketing of the Property

Applicant Selection/Screening

Lease Execution

Money and Financial Management

Property Management & Lease Enforcement

Tenant Management & Lease Enforcement

Rental Property Maintenance

Property Management

Our Rental Properties consist of single-family homes, condos, townhomes, duplexes, triplexes, and small multi-unit properties.

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What our Property Managers do for you:

Departmental vs Portfolio Management

Keep on top of regional, state, and federal landlord/tenant laws and legislative issues, especially in Denver

Track vacancy factors and rates, time-on-the market, and rent values for the area

Effectively market your home with local and national Internet advertising.

Create, screen and maintain relationships with qualified, insured vendors.

Provide appropriate rental applications and forms that, along with our consistent screening process, ensure the highest quality tenants while conforming to all applicable laws.

Rental Property Management

Provide and enforce the terms of the lease agreement.

Collect and account for rents and pay vendors for work completed

Issue year end statements with 1099s.

Perform complete accounting for your property to ensure a maximum return on your investment and optimum tax benefit.

Online access to your account for viewing 24 hours a day.

We've been managing properties in the area since 2006.

Rated ThreeBest Property Management Company since 2020

Award-winning Best Property Management Company since 2016

Best Property Management Company Award since 2019

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