Whether your household is one of the more than 34% of those in Colorado and the Denver metro area to rent or you are a landlord of any kind, it’s crucial that you stay up to date with changes in housing laws that could impact you. In recent years, tenants have gained more protections in Colorado. One notable law doing so is Colorado eviction law HB24-1098, which requires cause for residential tenant eviction and 90 days’ notice.
“Now you can’t just evict somebody because it’s inconvenient to have them there,” says Andersen Law PC attorney Ricki Stonecraft. “They can’t just say, ‘No we’re not renewing your lease anymore.’ I think that’s going to be a really big help to renters.”
Legal Reasons for Residential Evictions in Colorado
In summary, HB24-1098 states that cause for eviction in Colorado only exists in the following circumstances:
- A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended by the act;
- A tenant or lessee engages in conduct that creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or an immediately adjacent property, or where the tenant negligently damaged the property; or
- Conditions exist constituting grounds for a “no-fault eviction.”
What Counts as No-Fault Eviction?
- Demolition or conversion of the residential premises;
- Substantial repairs or renovations to the residential premises;
- Occupancy of the residential premises is assumed by the landlord or a family member of the landlord;
- Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises;
- A tenant refuses to sign a new lease with reasonable terms; and
- A tenant has a history of nonpayment of rent.
Ricki notes that a history of nonpayment only applies to the most recent lease term and is only relevant if at least three payments in that term were late. So for example, if a renter paid late for one payment a year ago and two payments during their current year’s lease, that would not constitute a reason for eviction because there would not be three late payments on the current lease. However, payments missed altogether are still a reason for eviction.
What To Do If You Are Served With an Eviction Notice in Colorado
If you’re served with an eviction notice in Colorado, you must file a written answer with the court immediately to avoid a default eviction. Andersen Law PC can help. Ricki has extensive experience assisting tenants and notes that you have to act fast. He stresses that you must file a written answer to the eviction with the court.
“You have to put in an answer, otherwise you are default evicted and it shows on your record,” Ricki says, adding that answering can buy you more time and give you an opportunity to talk to the landlord or their attorney to negotiate. If you can’t comply with the notice by paying the rent and/or moving out, an answer can still buy you more time to figure out your next steps.
“Even if you choose not to fight it, put in an answer and say ‘I’m moving.’ Talk to the landlord’s attorney. Don’t just move out,” Ricki says.
A default eviction means that the tenant loses the case by failing to respond.
Ricki recommends that if you do choose to leave, you should tell the landlord and take a picture showing that you’ve left them the key to the rental. You are still required to pay the money you owe the landlord.
And what if a landlord tries to evict without proper notice or cause? “If they try to evict you without proper notice, you’ll tell the court. You answer the eviction,” Ricki says.
While this law is too new to have much litigation behind it, Ricki has already used it to support answers to several evictions and expects notice requirements to be a big factor in filing an answer.
In general, the new law protects tenants and holds landlords more accountable.
For example, if a landlord wants to demolish a rental unit or convert it to something else, they have to give a tenant 90 days’ notice and Ricki says they now have to show plans and exact timelines for demolition. Or if a landlord wants to renovate a space and it will take less than three months, they have to offer the space to the existing tenant again.
How to Maximize Your Tenant Protections
To give yourself as much protection as possible, be sure that you are a tenant on the lease or at a minimum, that the landlord is notified that you live there.
Only a landlord — not a property manager or co-tenant — can evict, even in the case of divorce. You are best protected if you are on the lease, but dealing with leases in divorce can get complicated, so if you have questions about navigating that situation, give us a call.
Need Help With an Eviction in Colorado?
At Andersen Law PC, we help Colorado landlords and tenants navigate evictions and ensure their rights are protected. If you need guidance on your particular case or have questions about Colorado eviction law HB24-1098, call us at 720-922-3880 to schedule your free consultation.
Summary: What Colorado Eviction Law HB24-1098 Means for You
Colorado’s 2024 eviction law, HB24-1098, limits when landlords can remove tenants and strengthens renter protections across the state. Under this law, a landlord must have a legally recognized cause for eviction and must provide at least 90 days’ notice, including for “no-fault” situations, such as property sale, demolition, or landlord occupancy.
For both landlords and tenants, understanding these rules — and acting quickly if an eviction notice is served — is crucial. Andersen Law PC helps clients navigate every step of the eviction process, ensuring their rights are protected.
Frequently Asked Questions About Colorado Eviction Law HB24-1098
What does HB24-1098 do?
HB24-1098 requires Colorado landlords to have a legally valid reason — called “cause” — to evict a tenant. It also requires a notice period of 90 days for evictions.
What counts as cause for eviction in Colorado?
Landlords may evict for reasons such as property damage, repeated late rent, creating a disturbance, or certain “no-fault” circumstances like major renovations, demolition, or the landlord moving in.
Can a landlord refuse to renew my lease for no reason?
No. Under the new law, landlords in Colorado can’t simply decide not to renew a lease without cause. They must provide 90 days’ written notice and meet one of the approved legal grounds.
What should I do if I get an eviction notice in Colorado?
File a written answer with the court immediately. Failing to respond can result in a default eviction that appears on your record. An attorney can help you negotiate with your landlord or their lawyer.
Does this law protect landlords too?
Yes. HB24-1098 provides clear legal standards that help landlords follow proper procedures and avoid costly disputes or violations.
