Two Recent Changes to Landlord/Tenant Law in Colorado
Introduction
The Colorado legislature has been very active in 2024 in modifying and implementing new requirements related to residential leases. These changes generally expand tenant rights and impose new obligations on the landlords that both tenants and landlords need to be aware of.
Landlords: No-Fault Evictions and Required Lease Renewals
Under C.R.S. § 38-12-1303, Landlords must have cause to evict a tenant from residential premises and are also limited in the ability to not renew a residential tenant’s lease. Most significantly, the law provides for only six reasons a landlord can rely on to NOT renew a lease, which are the following:
1. Demolition or conversion of the premises. A landlord may refuse to renew a lease if it will demolish the premises or convert it to a short-term rental or non-residential use.
2. Plans to Make Substantial Repairs or Renovations. If a landlord plans to make substantial repairs or renovations to the property that are not required by the warranty of habitability statutes and are not initiated for purposes of retaliation against the tenant, the landlord may refuse to renew a lease.
3. Landlord or Family Member Assumes Occupancy. The landlord may refuse to renew a lease if the landlord or a family member will be moving into the premises for the use and occupancy as a residence. This exception will not apply if there is a substantially equivalent unit available in the same building available to house the landlord or family member or if the landlord lists the premises for a long-term or short-term rental within ninety days of the date the tenant is required to vacate.
4. Sale of the Premises. A lease is subject to non-renewal if the landlord plans to sell the residence. This exception applies only to single-family homes, townhomes, duplexes, triplexes and individual condominium units and will not apply if the landlord lists the premises for a long-term or short-term rental within ninety days of the date the tenant is required to vacate.
5. Tenant Refuses to Sign New Lease With Reasonable Terms. If the tenant refuses to execute a new lease with reasonable terms, the landlord may refuse to renew the current lease.
6. History of Non-payment of Rent. If the tenant submits a rent payment late more than two times during the period of the rental agreement, the landlord may elect not to renew the lease. Rent payments are deemed late if submitted more than ten days after due.
Even where one of these exceptions apply each scenario requires very specific notice requirements to the tenant in order for a landlord to refuse lease renewal. Landlords should familiarize themselves with the notice requirements and consult a real estate attorney to ensure compliance.
Warranty of Habitability
Substantial changes have been made to the Colorado warranty of habitability statutes. Landlords and tenants need to be aware of their obligations and rights when a warranty of habitability issue arises. The elaborate provisions of the statutes are too voluminous to discuss in this article, but broadly, the new statutes:
·Expand and include new definitions of events and conditions that can require landlord action, including extreme heat events and natural disasters.
Creates a rebuttably presumption that there has been a breach of the warranty if a tenant can show the premises are uninhabitable, notice was given to the landlord, the landlord failed to communicate about it and the condition persisted for a period of seven to fourteen days depending on the type of condition.
Notice requirements are broadened to include notice via almost any medium.
Expands on duties for landlord to provide alternate accommodations while remediating the condition.
Puts additional record-keeping requirements on landlords, including a requirement that a landlord maintain a complete record of all correspondence and documentation of an uninhabitable condition and retain the same for three years after the end of the lease term.
Imposes very specific notice and response requirements that vary based on the uninhabitable condition.
Extends the warranty to air conditioning and cooling systems.
Imposes new attorney fee shifting provisions and landlord penalties for non-compliance.
Gives the attorney general the power to enforce the statutes and seek fines.
Requires all residential leases entered into or after January 1, 2025 to include the following:
A statement in at least twelve-point, bold-faced type that states that every tenant is entitled to safe and healthy housing under Colorado's warranty of habitability and that a landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant's residential premises, requesting repairs, or seeking to enjoy the tenant's right to safe and healthy housing.
A statement in English and Spanish and in at least twelve-point, bold-faced type that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an e-mail address or accessible online tenant portal or platform where a tenant can deliver written notice of an uninhabitable condition.
There are many complexities to the warranty of habitability laws and landlord should stay vigilant in evaluating their properties to make sure no uninhabitable condition exists, responding to tenant notices of uninhabitable conditions within statutory time frames, maintaining records, including the required language in their leases and otherwise complying with the statutes.
Conclusion
These are just two of the recent changes to landlord/tenant law in Colorado, but they are the most complicated. If you are a landlord or a tenant and want to know your rights and obligations under these recently changed statutes, reach out to Miller & Law, P.C.
*This article is intended for informational purposes only and should not be construed as legal advice. Individuals involved should consult with legal professionals for specific guidance tailored to their circumstances.
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