Anti Eviction Act

In April 2024, Colorado introduced a new law, HB24-1098, which some people are calling the “Anti-Eviction Act” because it offers tenants more protections against arbitrary evictions. The law aims to ensure that evictions are only carried out for valid reasons. This landmark legislation got strong support from tenant advocacy groups across the state.

Of course, any law is only as good as its enforcement. Even with these laws in place, landlords may still violate the rules and attempt an illegal eviction. If this happens to you, contact the Denver offices of Flaxman Law Group at 970-999-0530 for a consultation. We can explain the current rule changes and how they can affect you. We can also answer your questions and discuss ways you may be able to fight back.

Why Was the Law Passed?

In Colorado and across the country, housing stability is a major concern. There has been a 150% increase in homelessness in the past ten years, caused by a variety of factors, including stagnating wages, a housing shortage, rising rents, and other considerations. One issue that can happen is that renters who are in a low-cost rental may struggle to find any housing when they are evicted, so passing the Anti Eviction Act is meant to keep good tenants in housing. While the law still provides remedies for landlords in case of lease violations, it makes it harder for landlords to evict just so they can raise rents.

Another reason for the new law is to address what are known as “informal” evictions. These evictions occur when a landlord tries to evict tenants with no cause. In some cases, they may harass tenants or make their life difficult enough that the renter simply chooses to leave. HB24-1098 is intended to ensure that eviction only happens for specific, justifiable causes.

What Is The Anti Eviction Act and How Does it Impact Me?

Under HB24-1098, landlords need to provide a legitimate cause before starting eviction proceedings. The big change is that landlords can no longer evict tenants without a specific reason. Under this law, landlords can evict tenants for the following reasons:

• Non-payment of rent
• Criminal activity
• Substantial property damage
• Significant lease violations

This law aims to improve housing security for renters, so landlords can’t refuse to renew a lease without cause, either. Landlords must now provide tenants with a minimum of 90 days’ notice before they can refuse to renew a lease. This ensures that tenants have ample time to secure new housing if they are faced with eviction.

In addition, landlords can only refuse to renew a lease for the following causes:

• The landlord can prove that they are tearing down or completely renovating the property.
• The landlord is selling the property.
• The landlord can prove that they are changing the use of the property—to short-term rentals, for example, or to a private residence.
• The landlord or their family are moving into the unit, and the landlord has no other reasonable vacant units for this purpose (if the landlord changes their mind, they must wait 90 days before relisting the rental, or 45 days if the landlord is an active-duty member of the military).
• The tenant has been late with payment of rent for at least ten days on two separate occasions.
• The tenant has been offered a new lease with reasonable terms and has not accepted it.

There are some exceptions to these situations. For example, if a property owner is completing a major repair to the property, they must be able to provide a completion date and information about the work to be completed. Should the renovations be completed within 180 days, the landlord is required to give the renter the chance to move back in. In addition, landlords cannot use renovations as a retaliatory measure or renovations used to fix unsafe conditions as a pretext for eviction.

Another challenge is that the law does not define “reasonable terms” in a new lease agreement. This may cause confusion for landlords and tenants. The complexity of the law and these undefined terms can mean that landlords and tenants enter into disputes over evictions and lease renewals. If you find yourself in this type of situation, as either a tenant or landlord, contact an Anti Eviction Act attorney to get legal advice.

What Does the Law Mean for Colorado?

Before the passage of HB24-1098, many tenants faced “informal evictions.” This meant that landlords could effectively force a tenant out. The new law provides clear protections against such practices, ensuring that tenants have a legal defense if they are evicted without proper cause.

For renters, especially those with limited financial resources, an eviction filing can create serious problems, even if the tenant is found to be innocent. Just having an eviction record can make it difficult to find future housing, creating a cycle of instability. The cost of having to move and find a new place to rent, coupled with the eviction record, can make some renters vulnerable to homelessness. With HB24-1098 in place, Colorado renters can be more confident that they will not be evicted without due process.

Before the law was passed, Colorado saw increasing rates of evictions, and renters and advocacy groups were reporting unethical behavior by some landlords. There were claims that landlords were evicting tenants so they could increase rent costs or were evicting them to turn homes into short-term rentals to earn more.

Colorado is now one of the eight states that have adopted just cause eviction laws. If you are a landlord in Colorado, it is important to get familiar with the Anti Eviction Act so you understand how and when you can evict renters who are violating a lease agreement. If you’re a tenant, you may want to get familiar with the Anti Eviction Act so that you understand your rights.

Either way, both renters and landlords will need to adjust to this new law. Whether you’re a renter or landlord, if you find yourself in a landlord-tenant dispute in Colorado, contact Flaxman Law Group at 970-999-0530 for a consultation. Our team can explain the law and your rights under the law.