The Colorado State Legislator has recently passed a few laws that will significantly impact landlord procedures. This update will focus on HB24-1098- Cause Required for Eviction of Residential Tenant.
The largest change is that landlords can no longer end leases at term expiration or during month-to-month arrangements without a specific cause such as breach or designated no-fault reasons.
No-Fault Termination Grounds
Demolition- Landlords must provide a 90-day notice if planning to demolish or convert the property, including detailed project plans and a specific vacate date.
Substantial Repairs and Renovation- Termination is allowed if repairs cannot be safely done with the tenant in place, requiring a 90-day notice and offering tenants the right to return after completion.
Owner or Family Occupancy- A 90-day notice is required if the landlord or a family member intends to move into the property, with a reduced 45-day notice for active military personnel or their spouses.
Property Sale- To remove the property from the rental market for sale, landlords must provide a 90-day notice and prove listing efforts before re-renting.
Refusal to Sign New Lease- If a tenant refuses a new lease with reasonable terms, landlords must serve a separate 90-day notice after the refusal.
Three Late Rent Payments- Termination is permissible if the tenant has paid rent late more than twice during the lease term, with late defined as payments made after a formal demand for compliance period.
Notice Requirements
Technical Requirements- Notices must include an exact vacate date and time, be at least 90 days from the notice date, and be provided in the tenant’s primary language if known. Personal service must be attempted twice before posting
Non-Renewal Notices from Tenants
Tenant Notice- Leases should require tenants to give at least 30 days' notice of non-renewal. Statutes now limit landlords to recovering only actual losses if tenants fail to provide notice.
Exceptions:
Tenants of Less Than 12 Months- Leases under 365 days allow landlords to terminate without cause before the tenant completes 12 months of occupancy.
Employer-Provided Housing- Termination rules do not apply to housing provided by employers under specific agreements.
Squatters or Unknown Persons- Landlords retain the right to remove individuals who occupy premises without a lease or permission.
What Is HVYE Property Management doing in response?
We will now start posting late notices between the 5-8 day of each month if a tenant has not paid their rent.
Rent renewals will now start around 120 days before the end of the lease, allowing us to give 90 days' notice if we aren’t renewing a lease without going past the lease end date.
We have asked all current tenants to provide us their primary language to ensure we deliver required notices in that language.
These expanded points provide additional context and clarity to each change, ensuring a comprehensive understanding of the new regulations for landlords. HYVE Property Management will continue adjusting our procedures as directed by our attorneys to ensure we follow all laws and regulations. Please reach out if you have specific questions.
