Updates on Colorado Landlord-Tenant Laws – What You Need to Know

As a landlord or tenant in Colorado, staying informed about the latest changes in landlord-tenant laws is essential

Notice Requirements: Ensuring Proper Communication

One of the most notable changes in the recent legislation is the enhancement of notice requirements. Landlords are now required to provide specific notices under different circumstances, such as:

1. Notice of Rent Increases: For residential tenants, landlords must provide at least sixty days’ written notice before implementing any rent increase. Moreover, rent cannot be increased more than once within a twelve-month period, ensuring stability for tenants.
2. Notice to Terminate Tenancy: The concept of “tenancy at sufferance” has been largely extinguished. Under the new laws, landlords must now provide proper notice to tenants who are protected under the “For Cause” eviction policy, ensuring that tenants are not suddenly ejected without sufficient warning.
3. Notice for Repairs: Landlords are also required to respond promptly to repair requests. After receiving a notice about a condition that violates the Warranty of Habitability, landlords must respond within 24 hours (or 72 hours if the premises are inaccessible due to an environmental public health event) and begin remedial action within a specified timeframe.

The “For Cause” Eviction Policy: Protecting Tenants’ Rights

The “For Cause” eviction policy is another critical area of change that landlords and tenants should be aware of. Here’s what you need to know:

1. Eviction for Cause Required: Under the new policy, landlords can no longer evict tenants without cause. This means that evictions can only occur for specific reasons outlined in the law, such as non-payment of rent or violation of lease terms. This change provides greater security for tenants, as they cannot be evicted without a valid, legal reason.
2. 90-Day Notice for Protected Tenants: For tenants who have been in their rental unit for at least 12 months, the law now requires landlords to provide a 90-day notice before eviction, giving tenants ample time to address any issues or find alternative housing. This notice is mandatory before initiating eviction proceedings.
3. Mediation and Legal Process: The eviction process now includes mandatory steps such as mediation and a more formalized legal process, ensuring that tenants have an opportunity to resolve disputes before facing eviction.

Updated Security Deposit Requirements:

Security deposit regulations have also undergone important changes, ensuring that tenants’ finances are better protected:

1. Maximum Security Deposit Amount: The law now imposes a limit on the maximum security deposit that can be required from tenants, although this limit is subject to change based on the specifics of the rental agreement and local laws. Landlords must ensure they do not exceed this limit when requesting a security deposit from tenants.
2. Accounting for Security Deposits: Landlords are required to provide a detailed accounting of the security deposit when a tenant vacates the premises. This includes an itemized list of any deductions made from the deposit for repairs, cleaning, or unpaid rent. The landlord must return the remaining deposit amount to the tenant within a specified timeframe, usually within 30 days of the lease termination.
3. Wrongful Withholding and Treble Damages: If a landlord wrongfully withholds any portion of the security deposit, the tenant may be entitled to recover treble damages—up to three times the amount wrongfully withheld—along with attorney’s fees and court costs. This provision ensures that tenants are fairly compensated if their deposit is unjustly retained.
4. Transfers and Pet Deposits: If the property is sold or ownership is transferred, the new landlord assumes responsibility for the tenant’s security deposit. Additionally, pet deposits are subject to the same regulations as general security deposits, and any excess amounts must be returned to the tenant.

The laws in this area are numerous and continue to evolve daily. While we strive to stay up-to-date on these changes to provide the best service to our clients, it’s important to note that we are not attorneys and cannot offer legal advice.