First Regular Session
Sixty-first General Assembly
LLS NO. 970250.01 JY
SENATE BILL 97012
STATE OF COLORADO
BY SENATOR Weddig
A BILL FOR AN ACT
CONCERNING THE STATUTORY PROVISIONS GOVERNING FORCIBLE
ENTRY AND DETAINER.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Expands the grounds by which a landlord may terminate
a tenancy from only violent or drugrelated felonies to:
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:
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
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.