HOUSE SPONSORSHIP SENATE SPONSORSHIP. Bill Summary

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1 irst Regular Session Sixty-fifth eneral Assembly STATE O OLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO Ed Deecco HOUSE BILL 0-1 Merrifield, HOUSE SONSORSHI Entz, SENATE SONSORSHI House ommittees Business Affairs and Labor Senate ommittees Local overnment 1 A BILL OR AN AT ONERNIN LANDLORD AND TENANT RELATIONS. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Reduces the maximum time that a landlord may retain a security deposit. Requires a landlord to give a copy of a written lease to a tenant. Establishes the maximum late fee for late rent. Requires a landlord that is evicting a tenant to give the tenant a notice with specific information about the eviction proceedings. rohibits a lease from including a waiver of statutory or common law protections of a tenant. ' 1 * O I K T T[ TW D ( 1 Be it enacted by the eneral Assembly of the State of olorado: Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. apital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. ' 1 * I K O # T[ TW D (

2 SETION (1), olorado Revised Statutes, is amended to read: --. Return of security deposit. (1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty ORTY-IVE days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said THE statement and any payment required to the last-known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant. SETION. Article of title, olorado Revised Statutes, is amended BY THE ADDITION O A NEW ART to read: ART LANDLORD AND TENANT RELATIONS Definitions. AS USED IN THIS ART, UNLESS THE ONTEXT OTHERWISE REQUIRES: -- 1

3 (1) "LANDLORD" MEANS AN OWNER, LESSOR, OR SUBLESSOR O A RESIDENTIAL REMISES OR ANY ART THEREO OR THE AENT O THE OWNER, LESSOR, OR SUBLESSOR WHO IS AUTHORIZED TO AT ON HIS OR HER BEHAL WITH RESET TO THIS ART. () "LEASE" MEANS ALL AREEMENTS, WRITTEN OR ORAL, EMBODYIN THE TERMS AND ONDITIONS ONERNIN THE USE AND OUANY O A RESIDENTIAL REMISES OR ANY ART THEREO. () "TENANT" MEANS A ERSON ENTITLED UNDER A LEASE TO OUY A RESIDENTIAL REMISES OR ANY ART THEREO TO THE EXLUSION O OTHERS Tenant's copy of a lease. WHERE THERE IS A WRITTEN LEASE, A LANDLORD SHALL IVE A OY O THE LEASE TO A TENANT WHOSE SINATURE AEARS ON THE LEASE RIOR TO THE TENANT'S TAKIN OSSESSION O A RESIDENTIAL REMISES OR ANY ART THEREO Rent - maximum late payment. NO HARE OR EE, HOWEVER DESRIBED, THAT IS HARED BY A LANDLORD OR A TENANT'S LATE AYMENT O RENT SHALL EXEED TWO ERENT O THE TENANT'S MONTHLY RENT OR EAH DAY THAT THE RENT AYMENT IS LATE, AND THE TOTAL HARE OR EE OR A IVEN MONTH SHALL NOT EXEED ITEEN ERENT O THE TENANT'S MONTHLY RENT Notice required for termination. (1) WHERE A TENANY OR A RESIDENTIAL REMISES IS BEIN TERMINATED URSUANT TO SETION 1-0- (1) (d), (1) (d.), (1) (e), OR (1) (e.),.r.s., OR SETION 1-0-.,.R.S., THE LANDLORD SHALL ROVIDE A TENANT -- 1

4 WITH WRITTEN NOTIE AS ROVIDED OR IN SUBSETION () O THIS SETION. SERVIE O SUH NOTIE SHALL OUR AT THE SAME TIME AND IN THE SAME MANNER AS SERVIE O THE NOTIE TO QUIT OR DEMAND OR OSSESSION O REAL ROERTY AS ROVIDED IN ARTILE 0 O TITLE 1,.R.S. () THE NOTIE REQUIRED UNDER THIS SETION SHALL BE IN AT LEAST TEN-OINT TYE AND SHALL READ AS OLLOWS: "IMORTANT NOTIE TO THE TENANT: THIS NOTIE AND THE AOMANYIN NOTIE TO QUIT, DEMAND OR OMLIANE OR OSSESSION, OR DEMAND OR AYMENT OR OSSESSION ARE THE IRST STES IN THE EVITION ROESS. ANY DISUTE YOU MAY HAVE REARDIN THE ROUNDS OR EVITION SHOULD BE ADDRESSED WITH YOUR LANDLORD OR IN THE OURTS I AN EVITION ATION IS ILED. LEASE BE ADVISED THAT ARTILE 0 O TITLE 1, OLORADO REVISED STATUTES, HEREATER ALLED THE "ORIBLE ENTRY AND DETAINER AT", MAY ROVIDE YOU WITH LEAL ROTETION: NOTIE: RIOR TO TERMINATIN A TENANY, A LANDLORD MUST SERVE A TENANT WITH A WRITTEN NOTIE THAT INLUDES THE OLLOWIN INORMATION: THE ROUNDS OR THE TERMINATION O THE TENANY; A DESRITION O THE ROERTY IN QUESTION; A SINATURE O THE LANDLORD OR THE LANDLORD'S AENT; WHETHER OR NOT THE TENANT HAS A RIHT TO URE UNDER THE ORIBLE ENTRY AND DETAINER AT; AND THE TIME WHEN THE ROERTY SHALL BE RETURNED TO THE LANDLORD, I THE TENANT DOES NOT URE OR DOES NOT -- 1

5 HAVE THE RIHT TO URE. NOTIE O NONAYMENT O RENT: THE LANDLORD MUST SERVE TO A TENANT A WRITTEN DEMAND OR AYMENT O RENT OR OSSESSION IN ORDER TO TERMINATE A TENANY BASED UON A NONAYMENT O RENT. THE NOTIE MUST BE IN WRITIN AND MUST REQUIRE THAT THE TENANT EITHER MAKE AYMENT O RENT AND ANY ALIABLE EES DUE AND OWIN OR MOVE ROM THE REMISES, WITHIN A ERIOD O NOT LESS THAN THREE DAYS ATER THE DATE THE NOTIE IS SERVED OR OSTED, OR AILURE TO AY RENT WHEN DUE. URE ERIODS: I THE TENANT HAS A RIHT TO URE UNDER THE ORIBLE ENTRY AND DETAINER AT, THE LANDLORD ANNOT TERMINATE A TENANY WITHOUT IRST ROVIDIN THE TENANT WITH A DEMAND OR OMLIANE OR OSSESSION SEIIALLY STATIN THE ATION THE TENANT MUST TAKE TO URE THE LEASE VIOLATION AND THE TIME TO URE THE NONOMLIANE. "URE" REERS TO A TENANT REMEDYIN, IXIN, OR OTHERWISE ORRETIN THE SITUATION OR ROBLEM THAT AUSED THE TENANY TO BE TERMINATED URSUANT TO SETION 1-0-, OLORADO REVISED STATUTES. NOTIE TO QUIT OR A SUBSTANTIAL VIOLATION OR REEAT VIOLATION: I A LANDLORD IS SEEKIN TO TERMINATE A TENANY BASED UON A SUBSTANTIAL VIOLATION AS DEINED BY SETION (), OLORADO REVISED STATUTES, OR A REEAT VIOLATION URSUANT TO SETION 1-0- (1) (e.), OLORADO REVISED STATUTES, THE NOTIE TO QUIT MUST BE SERVED UON THE TENANT IN THE MANNER REQUIRED BY LAW, ONTAIN A DETAILED STATEMENT O THE ROUNDS OR TERMINATION O THE TENANY, AND INDIATE THAT THE TENANT DOES NOT HAVE THE RIHT TO URE AND THE REASON WHY THE -- 1

6 TENANT IS NOT ENTITLED TO URE THE DEAULT. OMMENEMENT O LEAL ATION TO TERMINATE THE TENANY: ATER THE LAST DAY O THE NOTIE ERIOD, A LEAL ATION MAY BE OMMENED TO TAKE OSSESSION O THE REMISES LEASED BY THE TENANT. IN ORDER TO EVIT A TENANT, THE LANDLORD MUST ROVE: THE LANDLORD OMLIED WITH THE REQUIREMENTS O THE ORIBLE ENTRY AND DETAINER AT AND ART O ARTILE O TITLE, OLORADO REVISED STATUTES; THE LANDLORD ROVIDED THE TENANT WITH A WRITTEN NOTIE STATIN THE REASONS OR THE TERMINATION O THE TENANY; AND THE REASONS OR TERMINATION O THE TENANY ARE TRUE AND VALID UNDER THE ORIBLE ENTRY AND DETAINER AT. A TENANT MUST AEAR IN OURT TO ANSWER AN EVITION OMLAINT. I THE OURT RULES IN AVOR O THE LANDLORD, THE TENANT WILL HAVE NOT LESS THAN HOURS ROM THE TIME O THE RULIN TO VAATE THE REMISES." --0. Waiver of protections - void. ANY ROVISION IN A LEASE THAT WAIVES A ROTETION O A TENANT REATED BY OLORADO STATUTE SHALL BE DEEMED TO BE AAINST UBLI OLIY AND SHALL BE VOID. NOTWITHSTANDIN THE ROVISIONS O THIS SETION AND SETION 1-0-,.R.S., THE ARTIES TO A LEASE MAY AREE IN THE LEASE TO ROVIDE EAH OTHER U TO THIRTY DAYS WRITTEN NOTIE RIOR TO TERMINATIN A TENANY URSUANT TO SETION 1-0- (1) (c) AND (),.R.S. NOTHIN IN THIS SETION -- 1

7 SHALL BE ONSTRUED TO LIMIT ANY AND ALL OTHER ONTRAT RIHTS BETWEEN A LANDLORD AND TENANT Application. (1) THIS ART SHALL NOT ALY TO A LANDLORD OR ANY LEASE ENTERED INTO BY THE LANDLORD I THE LANDLORD IS A NURSIN AILITY AS DEINED IN SETION -- (),.R.S., NOR SHALL THIS ART ALY TO ON-AMUS HOUSIN AT AN INSTITUTION O HIHER EDUATION AS DEINED IN SETION -.1- (),.R.S. () THIS ART SHALL NOT ALY TO ANY RELATIONSHI BETWEEN THE OWNER O A MOBILE HOME ARK AND THE OWNER O A MOBILE HOME SITUATED IN THE ARK. () THIS ART SHALL NOT ALY TO A RETIREMENT OMMUNITY THAT ROVIDES ONVENIENE SERVIES BY THE LANDLORD AS A ART O THE RENT AND THAT REEIVES NO UBLI MONEYS. SETION. Applicability. This act shall apply to leases entered into or extended or renewed or to tenancies terminated on or after the effective date of this act. SETION. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. -- 1