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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0028.01 Richard Sweetman x4333 HOUSE BILL 26-1047
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING PROTECTIONS FOR RESIDENTIAL TENANTS , AND , IN101
CONNECTION THEREWITH, REQUIRING A PLAINTIFF THAT FILES102
A COMPLAINT REGARDING THE UNLAWFUL DETENTION OF REAL103
PROPERTY TO INCLUDE CERTAIN INFORMATION WITH THE104
COMPLAINT; REQUIRING COURT RECORDS OF CERTAIN EVICTION105
ACTIONS TO REMAIN SUPPRESSED; REQUIRING A LANDLORD TO106
INCLUDE CERTAIN INFORMATION IN, AND TO REDACT PERSONAL107
IDENTIFYING INFORMATION FROM , A WRITTEN DEMAND OR108
NOTICE; AND REQUIRING A LANDLORD TO PROVIDE A TENANT AT109
LEAST ONE RENT PAYMENT OPTION THAT DOES NOT REQUIRE110
THE TENANT TO ACCESS AN ONLINE PORTAL OR PAY A111
TRANSACTION FEE.112
HOUSE SPONSORSHIP
Joseph,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill requires a plaintiff that files a complaint concerning the
unlawful detention of real property to include certain documentation with
the complaint.
The bill requires that if a landlord posts a written demand or
notice, the landlord must:
! Include in the demand or notice certain information; and
! Redact from the document certain personal identifying
information.
Under current law, when a landlord commences an action for
forcible entry and detainer, any court record of the action is a suppressed
court record. If the court issues an order granting the landlord possession
of the premises, the record is no longer a suppressed court record unless
the parties agree that the record remain suppressed. Under the bill, such
a court record remains suppressed unless it concerns a substantial
violation of the lease. A court may publish a judicial opinion concerning
the action if the names and identifiers of the parties are anonymized.
The bill requires a landlord to provide a tenant at least one rent
payment option that does not require the tenant to access an online portal
or pay a transaction fee.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Access to stable and affordable housing is a fundamental right4
and essential to an individual's dignity, security, and ability to thrive, and5
eviction practices that are opaque or unfair undermine this foundation for6
thousands of Colorado residents;7
(b) Evictions and threats of eviction create destabilizing8
consequences for individuals and families, including negative health9
impacts, increased housing costs, diminished housing quality, loss of10
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community, and heightened long-term housing insecurity;1
(c) Evictions result not only in the loss of a home but also the loss2
of possessions, employment stability, and educational continuity for3
children, and an eviction record can prevent families from relocating to4
decent and affordable housing in safer neighborhoods; and5
(d) Protecting the dignity of tenants throughout the eviction6
process is essential to a fair and functional housing system and necessary7
to reduce the deep and lasting harms caused by displacement.8
(2) The general assembly also finds that:9
(a) Colorado has seen a significant rise in eviction filings in recent10
years, with approximately 31,500 filings in 2024 and more than 50,00011
filings in 2025, including roughly 32,000 nonpayment-of-rent cases and12
nearly 13,000 lease-violation cases, revealing a landscape in which13
residents with low incomes, seniors, and working families face increasing14
risk of displacement;15
(b) Eviction filings disproportionately affect Coloradans with16
limited financial resources and those without reliable access to online17
banking, electronic payment systems, or legal assistance, deepening18
existing inequities;19
(c) Tenants navigating the judicial system without legal20
representation are far more likely to lose their housing, in part because21
they lack awareness of their procedural and substantive rights and the22
information necessary to defend themselves effectively;23
(d) Many tenants do not understand how to access or interpret the24
documents underlying their eviction case, making the process less25
transparent, less navigable, and more likely to produce avoidable and26
life-altering hardship;27
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(e) Ensuring that tenants and landlords have timely access to the1
documents that give rise to an eviction, including the lease, rent ledger,2
and any evidence of alleged violations, allows both parties to understand3
the nature of the dispute from the outset;4
(f) Requiring landlords to provide these key documents early in5
the process promotes fairness, reduces unsupported filings, and improves6
communication, efficiency, and accuracy in resolving housing disputes;7
(g) When an eviction concludes and a final judgment is entered in8
favor of the landlord, it is in the state's interest that the court records of9
the eviction remain suppressed because public access to eviction filings,10
even after final judgment, creates long-term barriers to securing safe and11
stable housing;12
(h) Publishing anonymized judicial opinions in eviction cases13
strengthens transparency and consistency in Colorado's housing laws and14
expands access to legal precedent for the public, advocates, and courts;15
and16
(i) Distinguishing evictions involving substantial lease violations17
from other types of evictions in record-suppression policies protects18
tenants from long-term harm while preserving transparency in matters19
that implicate community safety.20
(3) The general assembly also finds that:21
(a) Reliable, accessible, and affordable rent payment methods are22
critical to preventing avoidable eviction filings and maintaining stable23
housing;24
(b) Many low-income households, seniors, rural residents, and25
residents who are disabled lack reliable broadband access, preventing26
them from using online or app-based payment systems that landlords27
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increasingly require;1
(c) Requiring tenants to pay rent exclusively online or through2
systems that impose fees creates financial strain, increases the likelihood3
of missed payments, and leads to preventable eviction filings; and4
(d) Requiring landlords to provide at least one free, nonelectronic5
method of rent payment ensures that all tenants can meet their obligations6
reliably and without facing technological or financial barriers.7
(4) Therefore, the general assembly declares that it is essential to:8
(a) Ensure transparent, dignified, and fair eviction proceedings for9
all tenants and landlords;10
(b) Suppress court records of eviction proceedings in order to11
protect tenants from long-term housing barriers;12
(c) Distinguish evictions for substantial lease violations from13
other types of evictions in record-suppression policies; and14
(d) Guarantee that all tenants, regardless of income, technological15
access, or familiarity with the legal system, have access to court records,16
legal precedent, and reliable, free rent payment options in order to17
promote stable homes and thriving communities across the state.18
SECTION 2. In Colorado Revised Statutes, 13-40-106, add (5)19
and (6) as follows:20
13-40-106. Written demand.21
(5) (a) THE DEMAND OR NOTICE REQUIRED BY SECTION 13-40-10422
OR 38-12-1303 MUST INCLUDE:23
(I) A COPY OF THE LEASE IF THE PROPERTY IS OCCUPIED PURSUANT24
TO A WRITTEN LEASE; AND25
(II) FOR A DEMAND RELATING TO THE ALLEGED NONPAYMENT OF26
RENT, A CURRENT , UP -TO-DATE RENT LEDGER SHOWING ALL RENT27
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PAYMENTS THAT HAVE BEEN MADE BY OR ON BEHALF OF THE TENANT.1
(b) A LANDLORD 'S FAILURE TO SATISFY A REQUIREMENT2
DESCRIBED IN SUBSECTION (5)(a) OF THIS SECTION CONSTITUTES AN3
AFFIRMATIVE DEFENSE FOR THE TENANT WHO IS THE SUBJECT OF THE4
DEMAND IN ANY ACTION THAT PROCEEDS THEREAFTER TO EVICT THE5
TENANT.6
(6) I F A LANDLORD POSTS A WRITTEN DEMAND OR NOTICE7
REQUIRED BY SECTION 13-40-104 OR 38-12-1303:8
(a) THE DEMAND OR NOTICE MUST INCLUDE A CITATION TO THE9
SPECIFIC PROVISION WITHIN SECTION 13-40-104 (1) OR 38-12-1303 (2)10
THAT DESCRIBES THE BASIS FOR THE DEMAND OR NOTICE; AND11
(b) T HE LANDLORD SHALL REDACT FROM THE DOCUMENT ANY12
SOCIAL SECURITY NUMBERS, DATES OF BIRTH, DRIVER'S LICENSE OR STATE13
IDENTIFICATION NUMBERS, AND BANK ACCOUNT, CREDIT CARD, AND DEBIT14
CARD NUMBERS.15
SECTION 3. In Colorado Revised Statutes, 13-40-110, amend16
(3) and (3.5) as follows:17
13-40-110. Action - how commenced - report.18
(3) The A complaint FILED PURSUANT TO THIS ARTICLE 40 must19
include:20
(a) A designation of whether the plaintiff elects to participate in21
any hearing in person or remotely by phone or video on a platform22
designated by the court. Upon filing A FTER THE PLAINTIFF FILES the23
complaint, the court shall provide the plaintiff with any necessary24
information to facilitate the plaintiff's participation.25
(b) A box indicating if WHETHER the eviction is for a residential26
or commercial tenancy;27
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(c) A COPY OF THE NOTICE TO VACATE OR DEMAND THAT WAS1
SERVED PURSUANT TO SECTION 13-40-108; AND2
(d) F OR COMPLAINTS FILED RELATING TO AN ALLEGED LEASE3
VIOLATION OR A NO -FAULT EVICTION , AS DESCRIBED IN SECTION4
38-12-1303, ANY RECORDS IN THE LANDLORD'S POSSESSION THAT PERTAIN5
TO THE ALLEGED LEASE VIOLATION OR NO-FAULT EVICTION.6
(3.5) If the A RESIDENTIAL tenant provides written or actual notice7
to the A landlord that the RESIDENTIAL tenant is a victim-survivor of8
unlawful sexual behavior, stalking, domestic violence, or domestic abuse,9
AS THOSE TERMS ARE DEFINED IN SECTION 13-40-104, and the10
RESIDENTIAL tenant consents to the landlord sharing the information with11
the court, the landlord shall disclose the information on the complaint or12
with the return of service filed with the court.13
SECTION 4. In Colorado Revised Statutes, 13-40-110.5, amend14
(3)(a) and (4); and add (7) as follows:15
13-40-110.5. Automatic suppression of court records -16
definition.17
(3) (a) Except as provided in subsection (3)(b) of this section,18
when AFTER an order granting the A plaintiff possession of the A premises19
is entered in an action to which this section applies:20
(I) IF THE RECORD CONCERNS AN ACTION FILED UNDER SECTION21
13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION OF A LEASE, the record22
is no longer a suppressed court record, and the court shall make the record23
available to the public unless the parties to the action agree that the record24
remain suppressed. If the parties agree that the record remain suppressed,25
the record remains a suppressed court record.26
(II) I F THE RECORD DOES NOT CONCERN AN ACTION UNDER27
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SECTION 13-40-104 (1)(d.5) FOR A SUBSTANTIAL VIOLATION OF A LEASE,1
THE RECORD REMAINS A SUPPRESSED COURT RECORD.2
(4) The names of the parties included in a court record that is3
suppressed pursuant to this section may be used by the court for4
administrative purposes, but the court shall not, for any reason, publish5
the names of the parties online. A COURT MAY PUBLISH A JUDICIAL6
OPINION CONCERNING AN ACTION PURSUANT TO THIS ARTICLE 40 IF THE7
NAMES AND IDENTIFIERS OF THE PARTIES ARE ANONYMIZED.8
(7) IF A RECORD OF AN EVICTION ACTION IS SUPPRESSED PURSUANT9
TO THIS SECTION, A TENANT WHO IS PARTY TO THE EVICTION ACTION MAY10
DENY OR NOT DISCLOSE THE EXISTENCE OF THE RECORD IF AN INQUIRY IS11
MADE DURING THE TENANT SCREENING OR RENTAL APPLICATION PROCESS.12
SECTION 5. In Colorado Revised Statutes, amend 38-12-802 as13
follows:14
38-12-802. Tenant payment - receipts - nonelectronic payment15
options.16
(1) (a) Upon receiving any payment made in person by a tenant17
with cash or a money order, a landlord shall contemporaneously provide18
the tenant with a receipt indicating the amount the tenant paid and the19
date of payment.20
(b) If the A landlord receives a payment that is not delivered in21
person by the tenant with cash or a money order, if requested by the22
tenant, the landlord shall, within seven days after the request, provide the23
tenant with a receipt indicating the amount the tenant paid, the recipient,24
and the date of payment, unless there is already an existing procedure that25
provides a tenant with a record of the payment received that indicates the26
amount the tenant paid, the recipient, and the date of payment.27
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(c) A landlord may provide the tenant with an electronic receipt1
unless the tenant requests a paper receipt, in which case the landlord shall2
provide the tenant with a paper receipt. For purposes of this section, a3
receipt may be included as part of a billing statement.4
(2) A LANDLORD SHALL PROVIDE A TENANT AT LEAST ONE RENT5
PAYMENT OPTION THAT DOES NOT REQUIRE THE TENANT TO ACCESS AN6
ONLINE PORTAL OR PAY A TRANSACTION FEE.7
SECTION 6. Safety clause. The general assembly finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety or for appropriations for10
the support and maintenance of the departments of the state and state11
institutions.12
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