First Regular Session
Sixty-first General Assembly
LLS NO. 970281.01 JY
HOUSE BILL 971138
STATE OF COLORADO
BY REPRESENTATIVE Allen
also SENATOR Lacy.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING RESTRICTIONS PLACED ON REAL PROPERTY.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Specifies that a residential dwelling used in the commission of certain criminal acts under the state criminal code is deemed a class 1 public nuisance. Specifies that a judgment in an action to abate such a nuisance may not affect a building owner's interest in the residential property under certain circumstances. Specifies the types of damages that are recoverable in such an action.
For purposes of terminating a tenancy for a substantial
violation that allows such tenancy to be terminated anytime after
the 3day period following service of notice to quit, expands
the grounds for which a landlord may terminate a tenancy from
only violent or drugrelated felonies to:
Requires a landlord of a residential dwelling unit
to comply with the requirements of applicable building and housing
codes materially affecting health and safety and to maintain the
premises in a fit and habitable condition.
Subject to certain requirements:
Specifies that a landlord who sells a premises containing a dwelling unit or a manager who terminates his or her management of such premises is relieved of liability under any applicable rental agreement and the provisions of this act as to events occurring after written notice is given to the tenant of such sale or termination. Requires a landlord to remit any security deposit owed to a tenant upon termination of a rental agreement.
Specifies the remedies available to a tenant when the landlord fails to supply heat, running water, hot water, or electric, gas, or other essential services or unlawfully removes or excludes the tenant from the premises. Allows a tenant to repair certain minor defects and to deduct the actual and reasonable expenses from the tenant's rent. Prohibits a tenant from recovering any damages when the defect or condition was caused by an act or omission of the tenant. Specifies the circumstances under which a landlord may enter a tenant's dwelling unit.
Requires a tenant to comply with applicable building
and housing codes materially affecting health and safety and to
maintain the dwelling unit in a clean and safe condition. Upon
a tenant's noncompliance, allows a landlord to enter the dwelling
unit to perform the necessary work and to charge the tenant for
the actual and reasonable costs incurred. Allows the landlord
to adopt rules concerning the tenant's use and occupancy of the
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1340104 (1) (d) and (1) (e), Colorado Revised Statutes, 1987 Repl. Vol., as amended, are amended to read:
1340104. Unlawful detention defined. (1) Any person is guilty of an unlawful detention of real property in the following cases:
(d) When such tenant or lessee holds over
without permission of
THE TENANT'S OR LESSEE'S landlord after any default in the payment
of rent pursuant to the agreement under which he
THE TENANT OR LESSEE holds, and three CONSECUTIVE CALENDAR days'
notice in writing has been duly served upon the tenant or lessee
holding over, requiring in the alternative the payment of the
rent or the possession of the premises. No such agreement shall
contain a waiver by the tenant of the three days' notice requirement
of this paragraph (d). It shall not be necessary, in order to
work a forfeiture of such agreement, for nonpayment of rent, to
make a demand for such rent on the day on which the same becomes
due; but a failure to pay such rent upon demand, when made, works
a forfeiture. UPON A DEMAND FOR RENT, THE TENANT OR LESSEE SHALL
BE REQUIRED TO PAY THE FULL AMOUNT SET FORTH IN THE DEMAND IF
SUCH AMOUNT IS DUE AND OWING AT THE TIME THE DEMAND IS SERVED
UPON THE TENANT OR LESSEE. PARTIAL PAYMENTS MADE BY THE TENANT
OR LESSEE SHALL , AT THE DISCRETION OF THE LANDLORD, CONSTITUTE
A FAILURE TO COMPLY WITH THE DEMAND AND SHALL WORK A FORFEITURE
OF THE AGREEMENT.
(e) When such tenant or lessee holds over, without such permission, contrary to any other condition or covenant of the agreement under which such tenant or lessee holds, and three CONSECUTIVE CALENDAR days' notice in writing has been duly served upon such tenant or lessee requiring in the alternative the compliance with such condition or covenant or the delivery of the possession of the premises so held. PAYMENT OF RENT BY THE TENANT OR LESSEE OR ACCEPTANCE OF RENT BY THE TENANT'S OR LESSEE'S LANDLORD DURING THE PERIOD IN WHICH THE TENANT OR LESSEE HOLDS OVER SHALL NOT WORK A FORFEITURE OF THE LANDLORD'S RIGHT TO ENFORCE THE PROVISIONS OF THIS SECTION;
SECTION 2. 1340107.5 (3), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
1340107.5. Termination of tenancy for substantial violation definition legislative declaration. (3) As used in this section, "substantial violation" means any act or series of acts by the tenant or any guest or invitee of the tenant which, when considered together:
(c) OCCURS ON THE LEASED RESIDENTIAL PREMISES, INCLUDING, BUT NOT LIMITED TO, ANY COMMON AREA, HALLWAY, GROUNDS, PARKING LOT, OR OTHER AREA THAT FORMS A PART OF THE BUILDING OR COMPLEX ON THE PREMISES THAT IS LEASED BY THE OWNER OR LANDLORD, AND CONSTITUTES:
(I) A FELONY UNDER FEDERAL OR STATE LAW;
(II) ANY MISDEMEANOR UNDER FEDERAL OR STATE LAW THAT CARRIES A POTENTIAL PENALTY OF IMPRISONMENT OR A JAIL SENTENCE OF MORE THAN SIX MONTHS; OR
(III) ANY CRIMINAL ACT UNDER A LOCAL ORDINANCE WHERE:
(A) THE POTENTIAL PENALTY MAY INCLUDE A JAIL SENTENCE FOR ONE HUNDRED EIGHTY DAYS OR MORE; AND
(B) THE CRIMINAL ACT HAS BEEN DECLARED TO BE A PUBLIC NUISANCE BY LOCAL ORDINANCE.
SECTION 3. 1340107.5 (5) (a), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended, and the said 1340107.5 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
of tenancy for substantial violation definition
legislative declaration. (5) (a) In
any CIVIL action
ARISING under this section, the landlord has the burden of proving
the occurrence of a substantial violation by a preponderance of
(6) NO COURT EXERCISING JURISDICTION OVER A CIVIL ACTION ARISING UNDER THIS SECTION SHALL CONTINUE, DELAY, OR STAY SUCH CIVIL ACTION PENDING THE OUTCOME OF CRIMINAL PROCEEDINGS INVOLVING THE SAME OR RELATED FELONIES, MISDEMEANORS, OR CRIMINAL ACTS AT ISSUE UNLESS ALL PARTIES TO THE CIVIL ACTION SO STIPULATE.
SECTION 4. 1340122, Colorado Revised Statutes, 1987 Repl. Vol., is amended to read:
1340122. Writ of restitution
after judgment. (1) No writ
of restitution shall issue upon any judgment entered in any action
under the provisions of this article out of any court until after
the expiration of fortyeight hours from the time of the
entry of such judgment; and such writs shall be executed by the
SHERIFF having the same only in the daytime and between sunrise
(2) IN EXECUTING A WRIT OF RESTITUTION PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE SHERIFF SHALL NOT BE REQUIRED TO PERSONALLY REMOVE THE TENANT AND THE TENANT'S PERSONAL PROPERTY LOCATED IN AND ABOUT THE PREMISES WHERE SUCH WRIT IS EXECUTED. THE SHERIFF MAY AUTHORIZE THE LANDLORD OR THE LANDLORD'S AGENTS OR ASSIGNEES TO PHYSICALLY REMOVE THE TENANT AND THE TENANT'S PERSONAL PROPERTY.
SECTION 5. Article 12 of title 38, Colorado Revised Statutes, 1982 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PART to read:
COVENANT OF QUIET ENJOYMENT
3812401. Definitions. AS USED IN THIS PART 4, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DWELLING UNIT" MEANS A STRUCTURE OR THE PART OF A STRUCTURE THAT IS USED AS A HOME, RESIDENCE, OR SLEEPING PLACE BY ONE PERSON WHO MAINTAINS A HOUSEHOLD OR BY TWO OR MORE PERSONS WHO MAINTAIN A COMMON HOUSEHOLD.
(2) "LANDLORD" MEANS THE OWNER OR LESSOR OF THE DWELLING UNIT.
(3) "PERSON" INCLUDES AN INDIVIDUAL, CORPORATION, GOVERNMENT, GOVERNMENTAL AGENCY, BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP OR ASSOCIATION, TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
(4) "RENTAL AGREEMENT" MEANS ALL AGREEMENTS, WRITTEN OR ORAL, EMBODYING THE TERMS AND CONDITIONS CONCERNING THE USE AND OCCUPANCY OF A DWELLING UNIT.
(5) "TENANT" MEANS A PERSON ENTITLED UNDER A RENTAL AGREEMENT TO OCCUPY A DWELLING UNIT TO THE EXCLUSION OF OTHERS.
3812402. Landlord's duties to maintain premises. (1) A LANDLORD SHALL MAINTAIN ALL ELECTRICAL, PLUMBING, SANITARY, HEATING, VENTILATING, SECURITY LIGHTS AND SYSTEMS, RUNNING WATER, HOT WATER, AND OTHER FACILITIES THAT ARE REQUIRED TO BE SUPPLIED BY THE LANDLORD IN THE SAME CONDITION THAT SUCH FACILITIES WERE AT THE COMMENCEMENT OF THE TENANCY.
(2) THE LANDLORD AND TENANT OF ANY DWELLING UNIT MAY AGREE IN WRITING THAT THE TENANT IS TO PERFORM SPECIFIED REPAIRS, MAINTENANCE TASKS, ALTERATIONS, OR REMODELING.
3812403. Tenant remedies. (1) (a) IF THE LANDLORD FAILS TO COMPLY WITH THE PROVISIONS OF SECTION 3812402 AND THE FAILURE MATERIALLY AFFECTS HEALTH AND SAFETY, THE TENANT MAY DELIVER A WRITTEN NOTICE TO THE LANDLORD STATING:
(I) THE ACTS AND OMISSIONS CONSTITUTING THE LANDLORD'S BREACH UNDER SECTION 3812402;
(II) THAT THE TENANT WILL VACATE THE DWELLING UNIT; AND
(III) THAT THE RENTAL AGREEMENT WILL TERMINATE UPON A DATE NOT LESS THAN THIRTY DAYS AFTER RECEIPT OF THE NOTICE IF THE BREACH IS NOT REMEDIED WITHIN FOURTEEN CALENDAR DAYS.
(b) THE RENTAL AGREEMENT SHALL TERMINATE AS PROVIDED IN THE NOTICE, AND THE TENANT MAY VACATE THE DWELLING UNIT, SUBJECT TO THE PROVISIONS OF SECTION 3812405 AND THE FOLLOWING:
(I) IF THE BREACH IS REMEDIAL BY REPAIRS OR OTHERWISE AND THE LANDLORD REMEDIES THE BREACH BEFORE THE DATE SPECIFIED IN THE NOTICE, THE RENTAL AGREEMENT SHALL NOT TERMINATE BY REASON OF THE BREACH.
(II) IF SUBSTANTIALLY THE SAME ACT OR OMISSION THAT CONSTITUTED A PRIOR BREACH FOR WHICH NOTICE WAS GIVEN RECURS WITHIN SIX MONTHS, THE TENANT MAY TERMINATE THE RENTAL AGREEMENT AND VACATE THE DWELLING UNIT UPON AT LEAST FOURTEEN DAYS' WRITTEN NOTICE SPECIFYING THE BREACH AND THE DATE OF TERMINATION OF THE RENTAL AGREEMENT.
(III) THE TENANT MAY NOT TERMINATE THE RENTAL AGREEMENT FOR A CONDITION CAUSED BY AN ACT OR OMISSION OF THE TENANT, A MEMBER OF THE TENANT'S FAMILY, OR OTHER PERSON ON THE PREMISES WITH THE TENANT'S CONSENT.
(c) FOR PURPOSES OF THIS SUBSECTION (1), NOTICE IS DEEMED RECEIVED THREE DAYS AFTER MAILING UNLESS RETURNED BY POSTAL AUTHORITIES.
(2) THE TENANT=S SOLE AND EXCLUSIVE REMEDY FOR THE LANDLORD=S BREACH OF THE COVENANT OF QUIET ENJOYMENT SHALL BE LIMITED TO THE TENANT=S RIGHT TO TERMINATE THE TENANCY AND THE REMAINING OBLIGATIONS UNDER THE RENTAL AGREEMENT, AND THE TENANT SHALL VACATE THE DWELLING UNIT AT THE TIME SUCH OBLIGATIONS TERMINATE. NOTHING IN THIS SUBSECTION (2) SHALL PRECLUDE THE TENANT FROM BRINGING AN ACTION AGAINST THE LANDLORD FOR ANY PERSONAL INJURY OR PERSONAL PROPERTY DAMAGE SUFFERED BY THE TENANT OR TENANT=S INVITEES AS A RESULT OF THE LANDLORD=S BREACH OF THE COVENANT OF QUIET ENJOYMENT.
(3) IF A RENTAL AGREEMENT IS TERMINATED PURSUANT TO THE PROVISIONS OF THIS SECTION, THE LANDLORD SHALL RETURN THE SECURITY DEPOSIT AND ANY UNUSED ADVANCED RENTAL PAYMENTS RECOVERABLE BY THE TENANT IN ACCORDANCE WITH SECTION 3812103.
3812404. Landlord's access to dwelling unit. (1) A TENANT SHALL NOT UNREASONABLY WITHHOLD CONSENT TO THE LANDLORD TO ENTER INTO THE DWELLING UNIT IN ORDER TO INSPECT THE DWELLING UNIT, MAKE NECESSARY OR AGREED REPAIRS, DECORATIONS, ALTERATIONS, OR IMPROVEMENTS, SUPPLY NECESSARY OR AGREED SERVICES, OR EXHIBIT THE DWELLING UNIT TO PROSPECTIVE OR ACTUAL PURCHASERS, MORTGAGEE, TENANTS, WORKMEN, OR CONTRACTORS.
(2) A LANDLORD MAY ENTER THE DWELLING UNIT WITHOUT CONSENT OF THE TENANT IN THE CASE OF AN EMERGENCY.
(3) A LANDLORD SHALL NOT ABUSE THE RIGHT OF ACCESS PERMITTED UNDER THIS SECTION OR USE THE RIGHT TO HARASS THE TENANT. EXCEPT IN THE CASE OF AN EMERGENCY OR UNLESS IT IS IMPOSSIBLE TO DO SO, THE LANDLORD SHALL GIVE THE TENANT AT LEAST TWENTYFOUR HOURS' NOTICE OF THE LANDLORD'S INTENT TO ENTER THE DWELLING UNIT. THE LANDLORD SHALL EXERCISE THE RIGHT TO ENTER THE DWELLING UNIT ONLY AT REASONABLE TIMES.
(4) IF THE TENANT REFUSES TO ALLOW THE LANDLORD TO ACCESS THE DWELLING UNIT AT A REASONABLE TIME PURSUANT TO THIS SECTION, THE LANDLORD MAY PEACEABLY ENTER THE DWELLING UNIT, OBTAIN INJUNCTIVE RELIEF TO COMPEL ACCESS, OR TERMINATE THE RENTAL AGREEMENT.
(5) IF, PURSUANT TO THIS SECTION, THE LANDLORD COMMITS AN UNLAWFUL ENTRY OR A LAWFUL ENTRY IN AN UNREASONABLE MANNER OR MAKES REPEATED DEMANDS FOR ENTRY THAT HAS THE EFFECT OF UNREASONABLY HARASSING THE TENANT, THE TENANT MAY OBTAIN, AS THE TENANT'S SOLE AND EXCLUSIVE REMEDY, INJUNCTIVE RELIEF TO PREVENT THE RECURRENCE OF SUCH CONDUCT BY THE LANDLORD OR MAY TERMINATE THE RENTAL AGREEMENT.
3812405. Landlord's affirmative defenses. (1) A LANDLORD SHALL HAVE THE FOLLOWING AFFIRMATIVE DEFENSES TO ANY ACTION BROUGHT BY A TENANT PURSUANT TO THIS PART 4:
(a) THE LANDLORD HAS SUBSTANTIALLY REMEDIED ANY BREACH OR NONCOMPLIANCE WITHIN FOURTEEN DAYS AFTER RECEIVING WRITTEN NOTICE FROM THE TENANT.
(b) THE FAILURE TO REMEDY ANY BREACH OR NONCOMPLIANCE WAS DUE TO CONDITIONS OR CIRCUMSTANCES BEYOND THE LANDLORD'S CONTROL.
(c) ANY BREACH OR NONCOMPLIANCE WAS CAUSED BY THE TENANT'S ACT OR OMISSION OR BY PERSONS UNDER THE TENANT'S ACTUAL OR IMPLIED CONTROL.
SECTION 6. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.