HOUSE BILL 19-1118 BY REPRESENTATIVE(S) Jackson and

HOUSE BILL 19-1118

BY REPRESENTATIVE(S) 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, Froelich, Sirota,

Bird;

also SENATOR(S) Williams A., Court, Danielson, Fenberg, Fields, Lee,

Rodriguez, Winter, Gonzales, Priola.

CONCERNING THE TIME ALLOWED FOR A TENANT TO CURE A LEASE

VIOLATION THAT IS NOT A SUBSTANTIAL VIOLATION.

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

SECTION 1.

In Colorado Revised Statutes, 13-40-104,

amend

(1)(d), (1)(e), and (1)(e.5)(II); and

add

(5) as follows:

13-40-104. Unlawful detention defined.

(1) Any person is guilty

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

(d) When such tenant or lessee holds over without permission of his

THE TENANT'S OR LESSEE'S landlord after any default in the payment of rent

pursuant to the agreement under which

THE TENANT OR LESSEE holds,

Capital letters or bold & italic numbers indicate new material added to existing law; dashes

through words or numbers indicate deletions from existing law and such material is not part of

the act.

and, three TEN days' notice in writing has been duly served upon the tenant

or lessee holding over, requiring in the alternative the payment of the rent

or the possession of the premises; EXCEPT THAT, FOR A NONRESIDENTIAL

AGREEMENT OR AN EMPLOYER-PROVIDED HOUSING AGREEMENT, THREE

DAYS' NOTICE IS REQUIRED PURSUANT TO THIS SECTION, AND FOR AN EXEMPT

RESIDENTIAL AGREEMENT, FIVE DAYS' NOTICE IS REQUIRED PURSUANT TO

THIS SECTION. No such agreement shall contain a waiver by the tenant of the

thrccayst notice requirement of this paragraph

(d) SUBSECTION (1)(d). It

shall IS not he necessary, in order to work a forfeiture of such agreement,

for nonpayment of rent, to make a demand for such rent on the day on

which the same becomes due; but a failure to pay such rent upon demand,

when made, works a forfeiture.

(e) When such tenant or lessee holds over, without such permission,

contrary to any other condition or covenant of the agreement under which

such tenant or lessee holds, and three TEN days' notice in writing has been

duly served upon such tenant or lessee requiring in the alternative the

compliance with such condition or covenant or the delivery of the

possession of the premises so held; EXCEPT THAT, FOR A NONRESIDENTIAL

AGREEMENT OR AN EMPLOYER-PROVIDED HOUSING AGREEMENT, THREE

DAYS' NOTICE IS REQUIRED PURSUANT TO THIS SECTION, AND FOR AN EXEMPT

RESIDENTIAL AGREEMENT, FIVE DAYS' NOTICE IS REQUIRED PURSUANT TO

THIS SECTION.

(e.5) (II) A tenancy PURSUANT TO A RESIDENTIAL AGREEMENT may

be terminated at any time pursuant to this paragraph—(e75) SUBSECTION

(1)(e.5) on the basis of a subsequent violation OF THE SAME CONDITION OR

COVENANT OF THE AGREEMENT. The termination shall

be OF A RESIDENTIAL

TENANCY IS effective thrcc TEN days after service of written notice to quit.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION (1)(e.5)(II),

A TENANCY PURSUANT TO A NONRESIDENTIAL AGREEMENT, AN EXEMPT

RESIDENTIAL AGREEMENT, OR AN EMPLOYER-PROVIDED HOUSING

AGREEMENT MAY BE TERMINATED AT ANY TIME PURSUANT TO THIS

SUBSECTION (1)(e.5) ON THE BASIS OF A SUBSEQUENT VIOLATION. THE

TERMINATION OF A NONRESIDENTIAL TENANCY OR AN EMPLOYER-PROVIDED

HOUSING TENANCY IS EFFECTIVE THREE DAYS AFTER SERVICE OF WRITTEN

NOTICE TO QUIT, AND THE TERMINATION OF A TENANCY PURSUANT TO AN

EXEMPT RESIDENTIAL AGREEMENT IS EFFECTIVE FIVE DAYS AFTER SERVICE

OF WRITTEN NOTICE TO QUIT.

PAGE 2-HOUSE BILL 19-1118

(5) FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT

OTHERWISE REQUIRES:

(a)

"EMPLOYER-PROVIDED HOUSING AGREEMENT" MEANS A

RESIDENTIAL TENANCY AGREEMENT BETWEEN AN EMPLOYEE AND AN

EMPLOYER WHEN THE EMPLOYER OR AN AFFILIATE OF THE EMPLOYER ACTS

AS A LANDLORD.

(b)

"EXEMPT RESIDENTIAL AGREEMENT" MEANS A RESIDENTIAL

AGREEMENT LEASING A SINGLE FAMILY HOME BY A LANDLORD WHO OWNS

FIVE OR FEWER SINGLE FAMILY RENTAL HOMES AND WHO PROVIDES NOTICE

IN THE AGREEMENT THAT A TEN-DAY NOTICE PERIOD REQUIRED PURSUANT

TO THIS SECTION DOES NOT APPLY TO THE TENANCY ENTERED INTO

PURSUANT TO THE AGREEMENT.

SECTION 2. Safety clause.

The general assembly hereby finds,

PAGE 3-HOUSE BILL 19-1118

frc

Leroy M. Garcia

PRESIDENT OF

THE SENATE

KC Becker

SPEAKER OF THE HOUSE

OF REPRESENTATIVES

determines, and declares that this act is necessary for the immediate

preservation of the public peace, health, and safety.

(Li bLior_._62.t trocx-e-

Cindi L. Markwell

CHIEF CLERK OF THE HOUSE

SECRETARY OF

OF REPRESENTATIVES

THE SENATE

APPROVED

0, 2_0

4-44-

p. M

(Date and Time)

PAGE 4-HOUSE BILL 19-1118