The bill addresses the following items related to landlord and
tenant rights in residential rental agreements:
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When a landlord removes or excludes a tenant from a dwelling without resorting to proper court procedures, it is an unfair or deceptive trade practice for the purposes of the Colorado Consumer Protection Act;
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After a complaint is filed by a landlord, the clerk of the court or the attorney for the plaintiff shall issue a summons, including information concerning filing an answer and legal aid. A court shall not enter a default writ of restitution before the close of business on the date upon which an appearance is due.
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Provides additional details regarding the defendant's answer, including that a defendant does not waive any defense related to proper notice by filing an answer; that the court shall set a date for trial no sooner than 7 days after the answer is filed, unless the defendant agrees to waive this provision and schedule the trial for an earlier date; and in the time after an answer is filed and before a trial occurs, the court shall order that the landlord provide any documentation related to the tenancy or the current action that the defendant requests;
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Repeals language requiring the defendant, in an appeal from a judgment of a county court, to deposit with the court the amount of rent found due;
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When a court has issued a writ of restitution in a residential forcible entry and wrongful detainer (FED) proceeding, a tenant may pay any rent that is still owed to the landlord at any point up to 48 hours after a court has ordered a writ of restitution;
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Eliminates the bond requirement for the warranty of habitability and allows the tenant to assert an alleged breach of the warranty of habitability as an affirmative defense;
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Establishes allowable court procedures and remedies in cases of an alleged breach of warranty of habitability;
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Bans liquidated damage clauses that assign a cost to a party stemming from a rental violation or an eviction action;
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Prohibits rental agreements that contain one-way fee-shifting clauses that award attorney fees and court costs only to one party; and
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Guarantees parties to a residential FED dispute the right to a trial by jury.
The bill prohibits a landlord of a mobile home park or a residential
premises (landlord) from:
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Charging a tenant or mobile home owner (tenant) a late fee for late payment of rent unless the rent payment is late by at least 14 calendar days;
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Charging a tenant a late fee in an amount that exceeds the greater of: •
$20; or •
2.5% of the amount of the rent obligation that remains past due;
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Requiring a tenant to pay a late fee unless the late fee is disclosed in the rental agreement;
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Removing, excluding, or initiating eviction procedures against a tenant solely as a result of the tenant's failure to pay one or more late fees;
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Terminating a tenancy or other estate at will or a lease in a mobile home park because the tenant fails to pay one or more late fees to the landlord;
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Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant, is responsible for paying;
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Imposing a late fee more than once for each late payment;
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Requiring a tenant to pay interest on late fees;
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Recouping any amount of a late fee from a rent payment made by a tenant; or
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Charging a tenant a late fee unless the landlord provided the tenant written notice of the late fee within 180 days after the date upon which the rent payment was due.
A landlord who commits a violation must pay a $20 penalty to an
aggrieved tenant for each violation. Otherwise, a landlord who commits a violation has 7 days to cure the violation, which 7 days begins when the landlord receives notice of the violation. If a landlord fails to timely cure a violation, the tenant may bring a civil action to seek one or more of the following remedies:
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Compensatory damages for injury or loss suffered;
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A penalty of at least $500 but not more than $2,000 for each violation, payable to the tenant;
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Costs, including reasonable attorney fees if the tenant is the prevailing party; and
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Other equitable relief the court finds appropriate.
The attorney general may investigate and prosecute alleged
violations. A violation that is not timely cured or that was committed by a landlord in bad faith is an unfair or deceptive trade practice for the purposes of the Colorado Consumer Protection Act.
