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A renovation of the property that is significant can allow for a termination , but it also requires offering up the tenant a chance to move back into the property . If the Landlord is going to reoccupy the property or sell the property the lease can also be terminated ."
LEGISLATION
Eviction notices now also need to include a specific date of termination on the demand . Eviction notices have not changed in how they need to be served , the change is how many attempts have to be made before a Landlord can post a demand . Two attempts have to be made on different days at personal service before an eviction notice can be posted on a door .
SB24-094 presented another overhaul to the warranty of habitability in Colorado . This may seem familiar because in 2023 there were modifications to the warranty of habitability . This bill makes major adjustments to the mechanisms of notice , timelines , and alternative housing . On some level the law is still the same , if there is a problem that impacts habitability it needs to be addressed in a timely manner . That part is fundamentally the same . Everything else surrounding how a problem is identified and communicated to the landlord , how easy it is now to demand alternate housing , has all changed .
Landlords must include language in their online portal right away regarding how to notify the landlord about a warranty of habitability issue , in English and in Spanish . Similar language must appear in all leases beginning in 2025 . Leases must also advise tenants of the warranty of habitability .
The prior version of the warranty of habitability was very restrictive as to how a tenant had to provide notice , the new law reverses that restriction . Notice of an issue can now be provided by anyone in almost any manner . It can be from the government , from another tenant , from an unauthorized occupant , and it can be verbal or written notices . This puts a priority on companies training their employees and vendors to listen to and report anything that resembles a repair request .
The timelines established by the new law run from when a matter is reported to the landlord , so being aware of when something is an issue is critical to addressing the issue in a timely manner . There is a 24 hour time period to provide an initial response to a tenant , including advising them of their rights under the warranty of habitability . In addition , the clock is 7 days for repairs that involve life , health , and safety issues , or 14 days to remediate other matters .
Air conditioning , while not being required in all houses , now does fall under the protections of the warranty of habitability . If it exists it must be maintained and repaired , and if it does not exist a tenant may have rights to install it , with some limitations .
Alternative housing has gotten more complicated and expensive for landlords , as new requirements require that the alternative housing have the same number of beds that a tenant has in their unit . The hotels also have to be located near the property ( within 5 miles ) and if the stay is more than 48 hours , there must be a stove or cooktop and a refrigerator with a freezer . If that cannot be provided a landlord can go further out up to 10 miles , or provide the tenant with a per diem .
The law has a new and different timeline for keeping records related to warranty of habitability issues , during the tenancy plus three years . This applies to those who manage their own property and licensed property managers .
There is again new legislation regarding towing , that limits who can authorize a tow , forcing that authority to come from a tenant or an employee of the property management company . This will require operational changes to towing practices that should be discussed with your towing provider .
This legislative session generated laws that are lengthy and complex , and this article only touches on some of the big topics from 2024 . The takeaway is in order to be a housing provider in Colorado , you need a professional property manager in your corner to help you operate and comply with the ever evolving legal landscape .
Pete Muccio is the Senior Associate Attorney at Tschetter Sulzer , P . C . www . aamdhq . org AUGUST 2024 TRENDS | 19