Colorado HB 19-1118 Time Allowed for a Tenant to Cure a Lease Violation That is Not a Substantial Violation.


First Regular Session

Seventy-second General Assembly

STATE OF COLORADO

INTRODUCED


LLS NO. 19-0013.02 Conrad Imel x2313                                                     HOUSE BILL 19-1118

HOUSE SPONSORSHIP

Jackson and Galindo, Buentello, Cutter, Duran, Gonzales-Gutierrez, Hooton, Jaquez Lewis, Kennedy, Roberts, Snyder, Buckner, Caraveo, Coleman, Exum, Hansen, Herod, Lontine, Melton, Michaelson Jenet, Singer, Valdez A., Weissman

SENATE SPONSORSHIP

Williams A., Court, Danielson, Fenberg, Fields, Lee, Rodriguez, Winter












House Committees                                                  Senate Committees

Business Affairs and Labor




A BILL FOR AN ACT

101                 CONCERNING THE TIME ALLOWED FOR A TENANT TO CURE A LEASE

102                                         VIOLATION THAT IS NOT A SUBSTANTIAL VIOLATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law requires a landlord to provide a tenant 3 days to cure a violation for unpaid rent or any other condition or covenant of a lease agreement, other than a substantial violation, before the landlord can initiate eviction proceedings based on that unpaid rent or other violation. Current law also requires 3 days' notice prior to a tenancy being terminated for a subsequent violation of a condition or covenant of a lease


Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.
agreement.

The bill requires a landlord to provide a tenant 14 days to cure a violation for unpaid rent or for a first violation of any other condition or covenant of a lease agreement, other than a substantial violation, before the landlord can initiate eviction proceedings. The bill requires 14 days' notice prior to the landlord terminating a lease agreement for a subsequent violation of the same condition or covenant of the agreement.



1                 Be it enacted by the General Assembly of the State of Colorado:

2                                         SECTION 1. In Colorado Revised Statutes, 13-40-104, amend

3                 (1)(d), (1)(e), and (1)(e.5)(II) as follows:

4                                         13-40-104. Unlawful detention defined. (1) Any person is guilty

5        of an unlawful detention of real property in the following cases:

6                                         (d) When such tenant or lessee holds over without permission of 
7        his THE TENANT'S OR LESSEE'S landlord after any default in the payment 
8        of rent pursuant to the agreement under which he THE TENANT OR LESSEE

9                holds, and, three FOURTEEN days' notice in writing has been duly served

10        upon the tenant or lessee holding over, requiring in the alternative the 
11        payment of the rent or the possession of the premises. No such agreement 
12        shall contain a waiver by the tenant of the three FOURTEEN days' notice 
13        requirement of this paragraph (d) SUBSECTION (1)(d). It shall IS not be 
14        necessary, in order to work a forfeiture of such agreement, for 
15        nonpayment of rent, to make a demand for such rent on the day on which 
16        the same becomes due; but a failure to pay such rent upon demand, when 
17        made, works a forfeiture.

18       (e) When such tenant or lessee holds over, without such 
19        permission, contrary to any other condition or covenant of the agreement 
20        under which such tenant or lessee holds, and three FOURTEEN days' notice 
21        in writing has been duly served upon such tenant or lessee requiring in the 
22        alternative the compliance with such condition or covenant or the delivery
                                              
                                                                         
                                                                         -2-                                                                HB19-1118
1                 of the possession of the premises so held;

2            (e.5) (II) A tenancy may be terminated at any time pursuant to this
3            paragraph (e.5) SUBSECTION (1)(e.5) on the basis of a subsequent
4            violation OF THE SAME CONDITION OR COVENANT OF THE AGREEMENT. The

5            termination shall be IS effective three FOURTEEN days after service of
6        written notice to quit.

7                                         SECTION 2. Safety clause. The general assembly hereby finds, 8 determines, and declares that this act is necessary for the immediate 9 preservation of the public peace, health, and safety.













































-3-                                                                      HB19-1118

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