First Regular Session

Sixty-first General Assembly

LLS NO. 97­0250.01 JY SENATE BILL 97­012

STATE OF COLORADO

BY SENATOR Weddig

JUDICIARY

A BILL FOR AN ACT

CONCERNING THE STATUTORY PROVISIONS GOVERNING FORCIBLE ENTRY AND DETAINER.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Expands the grounds by which a landlord may terminate a tenancy from only violent or drug­related felonies to:

• Any criminal act by the tenant or tenant's guest that is prohibited under the state criminal code or a local ordinance and that may result in imprisonment; and

• Any act by the tenant or tenant's guest deemed to be a public nuisance under state law or a local ordinance.

Eliminates the ability of a prevailing party in any forcible entry and detainer action to recover attorney fees.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  13­40­107.5 (3) (b), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended 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:

(b)  Occurs on or near the premises and constitutes:

(I)  A violent or drug­related felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S., CRIMINAL ACT UNDER THE "COLORADO CRIMINAL CODE", TITLE 18, C.R.S., OR UNDER A LOCAL ORDINANCE AND THE PENALTY FOR SUCH CRIMINAL ACT MAY INCLUDE A PERIOD OF IMPRISONMENT; OR

(II)  AN ACT DEEMED TO BE A PUBLIC NUISANCE UNDER ANY STATE LAW OR LOCAL ORDINANCE WHICH THE LANDLORD OR OWNER OF THE PREMISES HAS RECEIVED WRITTEN NOTIFICATION THEREOF FROM THE STATE OR LOCAL GOVERNMENT, WHICHEVER IS APPLICABLE.

SECTION 2.  13­40­123, Colorado Revised Statutes, 1987 Repl. Vol., is amended to read:

13­40­123.  Damages.  The prevailing party in any action brought under the provisions of this article is entitled to recover damages reasonable attorney fees, and costs of suit. Nothing in this section shall be construed to permit the entry of judgments in any single proceeding in excess of the jurisdictional limit of said court.

SECTION 3.  Effective date ­ applicability. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution and shall apply to causes of action filed on or after said date; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor and shall apply to causes of action filed on or after said date.