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HB18-1397

Landlord Tenant Warranty Of Habitability

Concerning modifications to the residential warranty of habitability for the purpose of protecting renters.
Session:
2018 Regular Session
Subject:
Housing
Bill Summary

Under current law, a warranty of habitability (warranty) is implied into every rental agreement for a residential premises. The bill makes the following changes related to the warranty:

  • Current law requires written notice before a landlord can be held liable for a breach of the warranty (breach). The bill expands the acceptable notice to also include electronic notice, defines electronic notice, and specifies the time within which the landlord is required to commence remedial action ( sections 3 and 4 of the bill).
  • Jurisdiction to provide injunctive relief related to a breach is expanded to include a county court, including a small claims court ( sections 1, 2, and 6 ).
  • The absence of mold is added to the basic requirements for a habitable residence ( section 5 ).
  • As long as certain conditions are met, a tenant is authorized to deduct the cost of repair from subsequent rent ( section 6 ).
  • The requirement that a tenant notify a local government before seeking an injunction is repealed ( section 7 ).
  • The prohibition on retaliation for a tenant's alleging a breach is modified to specify damages and to eliminate presumptions ( section 8 ).
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Lost

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Bill Text

Pursuant to HJR20-1007, the Second Regular Session of the 72nd General Assembly is Temporarily Adjourned until 10:00 a.m., Monday, March 30, 2020. 

COVID-19 Resources

Temporary Guidelines for Review and Comment Meetings

The legislature will meet in limited session on Monday, March 30th. The Capitol will be open for the duration of the session for those with essential business related to the session. The building will not be available for public tours. People without essential business are encouraged to access the session through the General Assembly website and Colorado Channel.  Anybody with essential business related to the session will be required to practice appropriate social distancing measures.