House Bill 25-1196 Introduced

A Bill for an Act

• Page 1, Line 101Concerning procedures relating to the removal of tenants

• Page 1, Line 102renting dwellings.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

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.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 38-12-105, amend (1) introductory portion, (1)(d), and (1)(e) as follows:

• Page 2, Line 338-12-105.  Late fees charged to tenants and mobile home

• Page 2, Line 4owners - maximum late fee amounts - prohibited acts - penalties -

• Page 2, Line 5period to cure violations - remedies - unfair or deceptive trade

• Page 2, Line 6practice. (1)  A landlord shall not take any of the following actions or

• Page 2, Line 7direct any an agent to take any of the following actions on the landlord's behalf:

• Page 2, Line 8(d)  Remove or exclude a tenant from a dwelling or initiate a court

• Page 2, Line 9process for the removal or exclusion of a tenant from a dwelling solely because the tenant fails to pay one or more late fees to the landlord;

• Page 2, Line 10(e)  Terminate a tenancy or other estate at will or a lease in a

• Page 2, Line 11mobile home park solely because a tenant or home owner fails to pay one or more late fees to the landlord;

• Page 2, Line 12SECTION 2.  In Colorado Revised Statutes, 13-40-106, amend (1) and (3) as follows:

• Page 3, Line 113-40-106.  Written demand. (1)  The demand or notice required

• Page 3, Line 2by section 13-40-104 or 38-12-1303 shall be made must be in writing,

• Page 3, Line 3specifying the grounds of the demandant's right to the possession of the

• Page 3, Line 4premises, including a specific description of the alleged violation or

• Page 3, Line 5no-fault eviction grounds, describing the premises, and indicating the date

• Page 3, Line 6and time when the premises shall be delivered up. and shall be signed by

• Page 3, Line 7The person claiming such possession, the person's agent, or the person's

• Page 3, Line 8attorney shall sign the demand notice. A demandant shall not

• Page 3, Line 9issue a demand notice solely because the tenant fails to pay one or more late fees.

• Page 3, Line 10(3)  The demand or notice required by section 13-40-104 or

• Page 3, Line 1138-12-1303 must be written in English, Spanish, or any other language

• Page 3, Line 12that the landlord knows, or has reason to know, is the primary language

• Page 3, Line 13of the tenant English or, if requested by the tenant at the time the

• Page 3, Line 14tenant enters into the lease, in another language that is the tenant's primary language.

• Page 3, Line 15SECTION 3.  In Colorado Revised Statutes, amend 13-40-108 as follows:

• Page 3, Line 1613-40-108.  Service of notice to vacate or demand. A written

• Page 3, Line 17notice to vacate or demand as required by section 13-40-104, 38-12-202,

• Page 3, Line 1838-12-204, or 38-12-1303 may be served by delivering a copy of the

• Page 3, Line 19notice to a known tenant occupying the premises, or by leaving such a

• Page 3, Line 20copy with some person an individual or a member of the tenant's family

• Page 3, Line 21above the age of fifteen years of age or older residing on or in charge

• Page 3, Line 22of the premises, or, in case no one is on the premises after attempts an

• Page 3, Line 23attempt at personal service, at least once on two separate days, by posting the copy in some conspicuous place on the premises.

• Page 4, Line 1SECTION 4.  Act subject to petition - effective date. This act

• Page 4, Line 2takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 3ninety-day period after final adjournment of the general assembly; except

• Page 4, Line 4that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 4, Line 5of the state constitution against this act or an item, section, or part of this

• Page 4, Line 6act within such period, then the act, item, section, or part will not take

• Page 4, Line 7effect unless approved by the people at the general election to be held in

• Page 4, Line 8November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.