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Second Regular Session
Sixty-first General Assembly
LLS NO. 980451.01 BJA
SENATE BILL 98073
STATE OF COLORADO
BY SENATOR Matsunaka;
also REPRESENTATIVE McElhany REREVISED
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING PROPERTY RENTAL ISSUES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Requires a tenant to notify a landlord in writing of the date the tenant will vacate the premises. Requires a landlord to return the tenant's security deposit within 30 days after the tenant vacates the premises, as evidenced by the tenant's written notice.
For leases and tenancies entered into before the effective date of this act, the 30day period for returning the security deposit does not apply if the lease specifies a longer period not to exceed 60 days. Provides that the 30day period shall apply to any renewal or extension of such lease for leases and tenancies entered into after the effective date of this act, requires the landlord to provide the tenant with a signed copy of the rental agreement or lease, a form describing any existing damage and any repairs or replacements to the same the landlord agrees to make, and a blank form for the written notice the tenant must provide before vacating the premises.
Allows the tenant to terminate a lease for residential premises when the tenant discovers a major defect that interferes with the tenant's right to quiet enjoyment of the premises if:
Requires the tenant to notify the landlord in writing that the tenant is terminating the lease because of a major defect. States that the termination shall take effect not less than 30 days after the landlord receives the notice. Provides that, if a tenant terminates a lease due to a major defect, the lease becomes void with respect to all future rights and future obligations between the landlord and the tenant, and the tenant may demand the immediate return of the portion of the security deposit to which the tenant is entitled. Specifies the procedure and timeline by which the landlord must return the tenant's security deposit and rent rebate, if any. Requires the landlord to provide a written statement listing the exact reasons for retaining any portion of the security deposit. Provides that, if the tenant does not receive the written statement and the portion of the security deposit owed to the tenant, such retention shall be deemed willful and wrongful and shall entitle the tenant to treble the amount of the security deposit and to reasonable attorney fees. Provides that nothing prohibits the landlord from withholding the security deposit for nonpayment of rent or for nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
Defines "major defect" as a loss of heat or hot water, plumbing stoppage or major leaks, ceiling damage from a leaking roof, or any other situation that violates applicable building or housing codes for 72 hours or longer.
Authorizes a lessor of real property or the lessor's agent to recover possession of leased premises that a lessee has abandoned without obtaining a judicial order. Establishes the procedures a lessor or lessor's agent shall follow to recover leased premises that have been abandoned by a lessee. Authorizes a lessee to initiate a court action to recover an abandoned premises that a lessor or lessor's agent has recovered. Allows service on a lessee who has provided the lessor or lessor's agent with a written notice of intent not to abandon the premises by certified mail in any action for unlawful detainer.
Requires a person who has possession of personal property abandoned on a vacated premises to provide a notice of right to reclaim abandoned personal property to the former occupant and any other person reasonably believed to be the owner of the personal property. Requires the person who has possession of abandoned personal property to return such property to the rightful owner if the rightful owner pays the reasonable costs of storage and claims the personal property within the time prescribed in the notice of right to reclaim abandoned personal property. Establishes the procedures by which a person who has possession of abandoned personal property may dispose of such property if the rightful owner does not claim it and pay the reasonable costs of storage within the prescribed time. Authorizes the person who has possession of the personal property to charge reasonable storage charges. Limits liability for any person who has possession of personal property and releases it to former occupants or persons reasonably believed to be the rightful owners of such property.
Establishes court jurisdiction for actions by lessees
to recover an abandoned premise.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1340122, Colorado Revised Statutes, 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 officer having the same only in the daytime and between sunrise and sunset.
(2) THE OFFICER THAT EXECUTES A WRIT OF RESTITUTION UNDER SUBSECTION (1) OF THIS SECTION AND THE LAW ENFORCEMENT AGENCY THAT EMPLOYS SUCH OFFICER SHALL BE IMMUNE FROM CIVIL LIABILITY FOR ANY DAMAGE TO A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING THE EXECUTION OF THE WRIT. A LANDLORD WHO COMPLIES WITH THE LAWFUL DIRECTIONS OF THE OFFICER EXECUTING A WRIT OF RESTITUTION SHALL BE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY FOR ANY ACT OR OMISSION RELATED TO A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION.
(3) A LANDLORD HAS NO DUTY TO STORE OR MAINTAIN A TENANT'S PERSONAL PROPERTY THAT IS REMOVED FROM THE PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION. REGARDLESS OF WHETHER A LANDLORD ELECTS TO STORE OR MAINTAIN THE PERSONAL PROPERTY SO REMOVED, THE LANDLORD SHALL HAVE NO DUTY TO INVENTORY THE PERSONAL PROPERTY OR TO DETERMINE OWNERSHIP OF OR THE CONDITION OF THE PERSONAL PROPERTY. SUCH STORAGE SHALL NOT CREATE EITHER AN IMPLIED OR EXPRESS BAILMENT OF THE PERSONAL PROPERTY, AND THE LANDLORD SHALL BE IMMUNE FROM LIABILITY FOR ANY LOSS OR DAMAGE TO THE PERSONAL PROPERTY.
(4) A LANDLORD WHO ELECTS TO STORE A TENANT'S PERSONAL PROPERTY THAT WAS REMOVED FROM THE PREMISES DURING OR AFTER THE EXECUTION OF A WRIT OF RESTITUTION MAY CHARGE THE TENANT THE REASONABLE COSTS OF STORING THE PERSONAL PROPERTY. TO RECOVER SUCH COSTS, THE LANDLORD MAY EITHER DISPOSE OF THE PERSONAL PROPERTY UNDER ANY LIEN RIGHTS THE LANDLORD HAS UNDER PART 1 OF ARTICLE 20 OF TITLE 38, C.R.S., OR THE LANDLORD MAY ALLOW THE TENANT TO RECOVER THE PERSONAL PROPERTY AFTER PAYING THE REASONABLE STORAGE CHARGES INCURRED BY THE LANDLORD. SECTION 2. 84127 (3), Colorado Revised Statutes, is amended to read:
84127. Termination of occupancy to
a contract of employment legislative declaration.
(3) If an employee fails to vacate the premises within three
days after the receipt of the notice of termination of the license
to occupy the premises, the employer may contact
local law enforcement agency THE
COUNTY SHERIFF to have the employee removed from the premises.
The local law enforcement officer
COUNTY SHERIFF shall remove the employee and any personal property
of the employee from the premises upon the showing to the local
law enforcement officer COUNTY SHERIFF
of the notice of termination of the license to occupy the premises
and agreement pursuant to which the license to occupy the premises
SECTION 3. 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; 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.