Can a Landlord terminate a lease in Colorado? (HB24-1098)
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- เผยแพร่เมื่อ 29 ม.ค. 2025
- In this video, I'll be giving you a detailed overview of House Bill 24-1098 and what it means for you as a landlord. We'll cover the history, basics, and the new classifications for evictions. Pay close attention to the specific conditions for each type of eviction, as they can be a bit tricky to navigate. Make sure to consult with your attorney and take note of the important deadlines and notice requirements. Let's dive in!
Overview
House Bill 24-1098-Nothing introduces significant changes for landlords, particularly in the eviction process.
The law reclassifies lease non-renewals as evictions, limiting a landlord's ability to terminate a lease.
The bill outlines six grounds for no-fault evictions, each with specific conditions that must be met.
All notices, including demand for rent notices, now require 90 days' notice to tenants.
Service attempts for legal notices now require two separate attempts on different days.
Legal notices must now be written in English, Spanish, or any other language the landlord has reason to believe is the tenant's primary language.
Applicability & Penalties for Non-Compliance
The law applies to all residential properties in Colorado, with exceptions for short-term rentals, owner-occupied rentals, squatters, mobile homes, and tenants with less than 12 months' occupancy.
Landlords cannot use retaliatory rent increases to bypass the law's requirements.
Tenants have the right to seek relief and sue landlords for violations post-occupancy.
Recommendations
Ensure all leases are legally sound and demand notices are error-free to avoid delays in the eviction process.
Consider signing initial lease terms of 51 weeks to leverage the exception for tenants with less than 12 months' occupancy.
Collaborate with legal counsel or reputable property management companies to navigate the complexities of the new law effectively.
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I own a 4plex only and am interested in hearing more about exclusions for small landlords. There are some for 3 or fewer units, 5 or fewer total units, etc., but have not found any in depth information on how to utilize them in my case, an owner occupied 4 plex.
51 weeks seems arbitrary. Law says less and a year. 360 day lease is more common and allows for 5 days to turnover the apartment. In my case, July1 at noon to June 30 at noon is less than a year by one day. I don't know if it would hold up. My goal is never to find out.
So to be clear, if a tenant is on a month to month lease, we can still serve a notice to vacate on 30 days right? Does this bill only apply to those who are on a 12 month lease? Also, what if a tenant was on a 12 month lease and at the end of the 12 months decides to go month to month, these rules don't apply, correct? You can serve a 30 day notice to vacate any time during the month to month period?
Any information would be greatly appreciated.
Thanks in advance.
@@MrKonscience I think it is 91 days notice if the person has lived there for over a year.. Supposedly they also have to give the same 91 days notice if they have been there over a year and are currently M to M.
@@DaveV-jr4mx thank you for the info. And I just thought of another question. What is the lease was signed before the bill was passed? For example, a tenant signed a 12 month lease August 1, 2023 and will end July 31, 2024. Should I have them sign a 51 week lease renewal? Would it even matter at this point?
@@MrKonscience If you are renewing their lease, I don't think there is any benefit to the 51 week thing.
Thanks to a horrible Colorado gvt.