Bill

Bill > HB1196


CO HB1196

CO HB1196
Landlord Procedures for Removal of Tenants


summary

Introduced
02/10/2025
In Committee
02/10/2025
Crossed Over
Passed
Dead
02/26/2025

Introduced Session

2025 Regular Session

Bill Summary

Under current law, based on a tenant's failure to pay one or more late fees, a landlord cannot: ! Remove or exclude a tenant from a dwelling; ! Terminate a tenancy or other estate at will; or ! Terminate a lease in a mobile home park. The bill clarifies that a landlord can take such actions if there is another legal reason and the landlord is not taking the action solely because the landlord is owed one or more late fees. Additionally, a landlord cannot issue a written demand notice for a tenant to give up possession of the premises (demand letter) based solely on the tenant's failure to pay one or more late fees, but must have another legal reason to issue the demand letter. Under current law, the demand letter must be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is the primary language of the tenant. The bill instead requires that the demand letter must be written in English or, if requested by the tenant at the time the tenant enters into the lease, in another language that is the tenant's primary language. Under current law, a landlord is permitted to post a notice to vacate in a conspicuous place on the premises after at least one unsuccessful attempt at service on 2 separate days. The bill allows the landlord to post the notice in a conspicuous place on the premises after only one unsuccessful attempt to serve the tenant with the notice.

AI Summary

This bill modifies Colorado landlord-tenant law by clarifying the circumstances under which landlords can take actions against tenants related to late fees. Specifically, the bill prohibits landlords from removing a tenant, terminating a tenancy, or issuing a demand notice solely because of unpaid late fees, but allows such actions if there is another legal justification. The bill also changes language requirements for demand notices, now requiring them to be in English by default, with the option to be in another language only if the tenant specifically requests this at the time of lease signing. Additionally, the bill streamlines the notice service process by allowing landlords to post a notice to vacate after just one unsuccessful attempt to serve the tenant personally, rather than requiring multiple attempts. These changes aim to provide more clarity and fairness in the eviction and notice processes while preventing landlords from using late fees as a primary mechanism for tenant removal. The bill will take effect after the standard 90-day legislative period, with a potential referendum option that could delay implementation until a November 2026 election if challenged.

Committee Categories

Housing and Urban Affairs

Sponsors (4)

Last Action

House Committee on Transportation, Housing & Local Government Postpone Indefinitely (on 02/26/2025)

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