What You Need to Know Before You MoveConsidering a move to Colorado Springs? One of the first questions you'll probably ask is, 'How much does it cost to live there?'Colorado Springs continues to
Dated: March 7 2024
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There is alot to take in so I have summarised the bills below, the full bills may be found in the links below this Section.
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TLDR (Too Long Didn't Read) breakdowns of the Acts:
HB23-1068, focuses on pet animal ownership in housing. Here's a summary of its key points:
1. Insurers cannot deny or increase premiums for homeowner's or dwelling fire insurance policies based on the breed of dog at the insured dwelling, except for specific dangerous dogs.
2. Officers executing a writ of restitution must handle pet animals found on the premises by returning them to the tenant if present or contacting local animal control if the tenant is absent.
3. Landlords can only charge a maximum refundable pet deposit of $300 and cannot demand more than $35 additional rent per month or 1.5% of monthly rent for allowing pet animals on the premises.
4. Pet animals are excluded from personal property liens for unpaid board, lodging, or rent.
5. The act was approved on June 7, 2023, and became effective on January 1, 2024.
HB23-1095 focuses on prohibited provisions in rental agreements. Here's a summary:
1. Rental agreements cannot include clauses that assign penalties to parties due to eviction actions resulting from agreement violations.
2. Fee-shifting clauses must award attorney fees to the prevailing party only after a determination of reasonable fees.
3. Prohibits clauses waiving the right to a jury trial, pursuing certain claims, or imposing penalties for failure to provide notice of nonrenewal.
4. Rental agreements cannot label fees beyond monthly occupancy payments as "rent" subject to eviction.
5. Tenants cannot be required to pay third-party service fees.
6. Providers under voucher or subsidy programs can't solely pursue eviction for nonpayment of utilities.
7. Exceptions apply for mobile home park agreements and certain owner-occupied duplexes or triplexes.
8. Approved on June 5, 2023, the act took effect on August 7, 2023.
HB23-1099 mandates landlords to accept portable tenant screening reports from prospective tenants, without charging fees if provided by the tenant. Landlords must inform tenants of this policy before collecting any information that could generate an application fee. Exceptions apply for landlords who don't accept multiple application fees simultaneously and refund fees promptly if declining to lease. Violating these provisions may result in penalties. Approved on May 4, 2023, the act became effective on August 7, 2023.Here are the links to all the House and Senate Bills that have been passed relating to Landlords and how you may conduct your business.
HB23-1120 provides eviction protections for residential tenants receiving public assistance:
1. Landlords and tenants must participate in mandatory mediation before eviction if the tenant receives certain public assistance.
2. Law enforcement cannot execute an eviction writ against such tenants for at least 30 days after judgment, except for substantial violations or for landlords with fewer than 5 rental units.
3. Written demands must inform tenants of their right to mediation before eviction.
4. Rental agreements must state that source of income discrimination is illegal and landlords must accept lawful and verifiable income sources.
5. Rental agreements cannot waive mandatory mediation or allow landlords to recover mediation costs.
6. Appropriates funds for courts administration to implement the act.
7. Approved on June 6, 2023, the act aims to provide eviction protections and ensure fairness for tenants receiving public assistance.
HB23-1171 mandates just cause for the eviction of residential tenants, including failure to pay rent, substantial violations, refusal to allow entry, or refusal to sign a new lease. No-fault evictions are allowed for specific reasons like demolition, repairs, or landlord or family occupancy. Landlords must provide relocation assistance in certain situations. Failure to comply is an affirmative defense for tenants. The bill also amends circumstances for unlawful detention of real property and changes notice periods for mobile home park entry.
HB23-1254 expands the warranty of habitability for residential premises to include damage from environmental public health events. It mandates landlords to remediate premises to meet applicable standards after such damage and clarifies tenant notification procedures for habitability issues. Landlords are prohibited from retaliating against tenants for making good faith complaints, and tenants have conditions to terminate leases if issues aren't remediated. Vulnerable populations have specific conditions to terminate leases if premises are damaged by environmental events affecting health, safety, or quality of life.
Approved on May 12, 2023
SB23-178 prohibits common interest communities from restricting unit owners' use of xeriscape, nonvegetative turf grass, and nonvegetative landscapes, with certain exceptions. It mandates associations to develop preapproved garden designs for front yards meeting water-wise landscaping principles. The act sets guidelines for associations, including not prohibiting vegetable gardens and limiting hardscape use. Unit owners affected by violations may bring civil action after providing notice and a cure period. These provisions apply only to single-family detached homes, excluding single-family attached homes and condominiums.
Approved on May 17, 2023, effective August 7, 2023.
SB23-184 provides protections for residential tenants by restricting landlords from considering or inquiring about certain income and credit history information of prospective tenants. Landlords cannot require prospective tenants to have an annual income exceeding 200% of the annual rent cost. Violating these restrictions results in penalties, including a $50 initial penalty and a $2,500 penalty if not cured, plus economic damages and legal fees. The act also limits security deposits to no more than 2 monthly rent payments. Tenants facing eviction can assert as an affirmative defense that their landlord violated state laws on unfair housing practices.
Approved on June 6, 2023, effective August 7, 2023.
SB23-206 mandates that contracts to sell residential real estate must include a warning statement about radon dangers, any known radon concentrations and history, and the latest radon advice brochure. Landlords must provide these disclosures to prospective tenants. Failure to provide disclosures or mitigate elevated radon levels allows tenants to void leases, with exceptions for leases over one year starting in 2026. The Real Estate Commission must create rules for these disclosures in transactions involving brokers. Tenants testing leased property for radon are exempt from needing a license.
Approved on June 5, 2023, effective August 7, 2023.
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Links to the Bills may be found below :-
As new Bills are passed, would you like to be kept informed? If so please, register at https://timsheehan.jpar.com/contact.php with "Landlord" in the "Your Message" section. I will then automate an e-mail when my document database has been updated.
Hopefully this has been helpful information for you, if you would like any further information, just reach out.
I’m originally from the UK, from Irish parents, and yes, I still sound like someone who’s either about to sell you a house or narrate a BBC documentary. I moved to Colorado in 2017 with my....
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