Attention Residential Landlords

On April 19, 2024, Governor Polis signed HB24-1098, “Cause Required for Eviction of Residential Tenant.” This Act went into effect immediately and substantially changes the right of the landlord to terminate a tenancy. With limited exceptions, the Act prohibits a landlord from evicting a residential tenant who has been a tenant for more than 12 months without cause.  This applies to all landlords that are not residing in the same building as the premises occupied by the tenant (such as a duplex or four-plex situation). So, even if you own only one rental property, your tenant is still covered under this law.

Uncured violations of the lease that were properly noticed or repeated violations that were properly previously noticed constitute “cause.”  However, the notice requirements have slightly changed.  Importantly, under the new law, service of a Notice to Vacate or Demand is required to be accomplished by attempting “personal service at least once on two separate days,” and then, if this is unable to be served personally, by posting.  CRS 13-40-108.  Accordingly, it would be best practice to add an additional day to the compliance or vacation period to allow yourself enough time to meet the new service requirement. 

Once the legislative session is over, we will provide a comprehensive training to our clients and community synthesizing these new laws.  Until then, if you have any questions, please reach out, and we will help you to navigate through these unchartered waters.

Annie D. Murphy