Colorado Landlord Tenant Laws for 2024

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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
Summary of the 2023 Legislative Session
Rent Control
Property
Tax
Protections For Mobile
Veterans And Military Status
Programs To Develop Housing

Colorado Landlord-Tenant Laws You Should Know About

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    Pet rent

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    Marijuana in a Rental Property

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    Emotional Support Animals

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    Affecting Colorado Landlords

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    HB24-1007 Prohibit Residential Occupancy Limits

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    HB24-1051 Towing Carrier Regulation

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    HB24-1011 Mortgage Servicers Disburse Insurance Proceeds

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    HB24-1014 Deceptive Trade Practice Significant Impact Standard

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    HB24-1057 Prohibit Algorithmic Devices used for Rent Setting

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    HB24-1078 Regulation of Community Association Managers

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    HB24-1071 Name Change to Conform with Gender Identity

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    HB24-1085 Limitation on Actions against Appraisers

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    HB24-1091 Fire-Hardened Building Materials in Real Property

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    SB24-005 Prohibit Landscaping Practices for Water Conservation

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    SB24-021 Exempt Small Communities from HOA Requirements

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    SB24-033 Lodging Property Tax Treatment

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    SB24-064 Monthly Residential Eviction Data & Report

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

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    HB23-1099 Concerning Tenant Screening Documentation for Residential Leases

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

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    HB23-1068 – Pet Ownership in Housing

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    HB23-1095 – Rental Agreement Prohibited Provisions

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    HB22-1416 Property Tax Administrative Procedures

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    HB22-1362 Building Greenhouse Gas Emissions

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    HB22-1282 – The Innovative Housing Incentive Program

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    HB22-1282 – The Innovative Housing Incentive Program

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    HB22-1416 – Property Tax Administrative Procedures

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    HB22-1137 Homeowners’ Association Board Accountability And Transparency

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    HB22-1071 – Damages In Class Actions Consumer Protection Act

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    HB22-1239 – Regulate Community Association Managers

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

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    HB22-1102 – Veterans And Military Status In Fair Housing

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    HB22-1287 Protections For Mobile Home Park Residents

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    HB22-1036 Improvement Location Certificate Real Estate Forms

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    HB22-1006 Child Care Center Property Tax Exemption

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    HB22-1218 Resource Efficiency Buildings Electric Vehicles

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    SB22-238 – 2023 And 2024 Property Tax

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    SB22-146 – Middle Income Access Program Expansion

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    SB22-072 – Grants To Incentivize Home Use For Renters

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    SB22-051 Policies To Reduce Emissions From Built Environment

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    SB22-232 Creation Of Colorado Workforce Housing Trust Authority

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    SB22-160 Loan Program Resident-Owned Communities

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    SB22-157 Information Sharing For Consumer Protection Investigation

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    SB22-086 Homestead Exemption And Consumer Debt Protection

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    SB22-063 Property Ownership Fairness Act

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

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    SB22-019 – Access To Suppressed Court Eviction Records

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    SB22-059 – Home Owners’ Association Voting Proxy Limitations

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    SB22-159 – Revolving Loan Fund Invest Affordable Housing

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    SB22-231 – Programs To Develop Housing Support Services

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

  • 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.
  • 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?
  • 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?
  • Are you prepared to take applications, run credit, and perform background checks?
  • Do you have a way to screen potential tenants
  • 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:

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Applicant Selection/Screening

Lease Execution

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Tenant Management & Lease Enforcement

Rental Property Maintenance

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    What our Property Managers do for you:

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

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