Eviction Protections for Tenants

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0348.01 Lindy Schaible x4215 HOUSE BILL 26-1106
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING EVICTION PROTECTIONS FOR TENANTS.101
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 limits the number of forcible entry and detainer (eviction)
actions that a county court schedules on one business day.
The bill prohibits including a minor defendant as a named
defendant in an eviction complaint when a parent or adult guardian is also
listed as a defendant on the same complaint.
The bill prohibits a court from entering judgment without a trial or
a hearing when a tenant's answer to an eviction complaint expresses an
intent to cure nonpayment.
HOUSE SPONSORSHIP
Lindsay and Velasco,
SENATE SPONSORSHIP
Weissman and Michaelson Jenet,
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.
The bill specifies that the following reasons excuse a tenant from
filing a timely written answer to an eviction complaint: A hospitalization,
a sickness or injury, a reasonable accommodation request for a disability,
a lack of proper service, a transportation issue, a complication related to
electronic filing that was reasonably outside of the tenant's control, and
a court issue that was reasonably outside of the tenant's control.
When a tenant in an eviction action asserts that they were affected
by one of the specified reasons, the bill requires a court to:
! Relieve a tenant from final judgment, vacate any judgment
or writ of restitution that was issued, and provide the tenant
with a reasonable amount of time to file an answer;
! Permit additional and amended pleadings; and
! Extend the trial date.
The bill repeals appeals bond in eviction cases.
The bill extends the time for executing a writ of restitution in an
eviction action from 48 hours to 30 days, except in cases involving
substantial violations.
The bill prohibits the execution of writs in eviction actions during
inclement weather.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 13-40-109 as2
follows:3
13-40-109. Jurisdiction of courts - limit daily number of4
forcible entry and detainer cases - definition.5
(1) The district courts in their respective districts and county6
courts in their respective counties have jurisdiction of OVER all cases of7
forcible entry, forcible detainer, or unlawful detainer arising pursuant to8
this article 40, and the person entitled to the possession of any A premises9
may recover possession thereof OF THE PREMISES by action brought in any10
of said courts A DISTRICT OR A COUNTY COURT in the manner provided in11
this article 40.12
(2) On and after January 1, 2019, In all actions AN ACTION brought13
before county courts A COUNTY COURT pursuant to section 13-40-10414
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(1)(f) to (1)(i), where the allegations of the complaint are put in issue by1
a verified answer and in actions AN ACTION in which the verified answer2
alleges a monthly rental value of the property in excess of twenty-five3
thousand dollars, the county court, upon the filing of said answer AFTER4
THE ANSWER IS FILED, shall suspend all proceedings therein BEFORE THE5
COUNTY COURT and certify said cause THE ACTION and transmit the papers6
therein FILED IN THE COUNTY COURT to the district court of the same7
county. Causes so AN ACTION certified by the A county court shall be8
proceeded within the courts to which they have been so certified in all9
respects as if originally begun in the court to which they have been10
certified TO A DISTRICT COURT MUST PROCEED AS IF THE ACTION HAD11
ORIGINALLY BEEN FILED IN THE DISTRICT COURT.12
(3) On and after January 1, 2019, The jurisdiction of the county13
court to enter judgment for rent, or damages, or both, and to render14
judgment on a counterclaim in forcible entry and detainer shall be IS15
limited to a total of twenty-five thousand dollars in favor of either party,16
exclusive of costs and attorney fees.17
(4) (a) ON AND AFTER JANUARY 1, 2027, A COUNTY COURT SHALL18
NOT SET FOR RETURN MORE THAN THE NUMBER OF FORCIBLE ENTRY AND19
DETAINER ACTIONS ON ONE BUSINESS DAY AS FOLLOWS:20
(I) F OR COUNTIES THAT HAD FEWER THAN ONE T HOUSAND21
FORCIBLE ENTRY AND DETAINER ACTIONS FILED IN THE PRECEDING YEAR,22
A DAILY CAP OF TWENTY-FIVE ACTIONS;23
(II) FOR COUNTIES THAT HAD ONE THOUSAND OR MORE BUT FEWER24
THAN FIVE THOUSAND FORCIBLE ENTRY AND DETAINER ACTIONS FILED IN25
THE PRECEDING YEAR, A DAILY CAP OF FORTY-FIVE ACTIONS; AND26
(III) FOR COUNTIES THAT HAD FIVE THOUSAND OR MORE FORCIBLE27
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ENTRY AND DETAINER ACTIONS FILED IN THE PRECEDING YEAR , A DAILY1
CAP OF SIXTY-FIVE ACTIONS.2
(b) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES, "SET FOR RETURN" MEANS AN ACTION IN WHICH THE TENANT IS4
COMMANDED TO APPEAR BEFORE THE COURT PURSUANT TO THE SUMMONS5
DESCRIBED IN SECTION 13-40-111.6
SECTION 2. In Colorado Revised Statutes, 13-40-110, add7
(1)(g) as follows:8
13-40-110. Action - how commenced - report - definition.9
(1) (g) (I) A PERSON SHALL NOT FILE A FORCIBLE ENTRY AND10
DETAINER COMPLAINT PURSUANT TO THIS ARTICLE 40 THAT INCLUDES A11
MINOR TENANT AS A NAMED DEFENDANT IF A PARENT OR LEGAL GUARDIAN12
IS ALSO LISTED ON THE SAME COMPLAINT.13
(II) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE14
REQUIRES, "MINOR" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OLD15
WHO HAS NOT BEEN LEGALLY EMANCIPATED.16
(III) A COURT SHALL DISMISS WITHOUT PREJUDICE AN ACTION17
FILED IN VIOLATION OF THIS SECTION AND ORDER THE PARTY THAT FILED18
THE ACTION TO PAY TO THE MINOR 'S PARENT OR LEGAL GUARDIAN ANY19
COSTS ASSOCIATED WITH DEFENDING THE ACTION.20
SECTION 3. In Colorado Revised Statutes, 13-40-113, amend21
(1)(a) and (2); and add (1)(c) and (4)(a.7) as follows:22
13-40-113. Answer of defendant - additional and amended23
pleadings.24
(1) (a) The defendant shall file with the court, at or before the day25
specified for the defendant's appearance in the summons, an answer in26
writing. The defendant's answer must set forth the grounds on which the27
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defendant bases the defendant's claim for possession, admitting or1
denying all of the material allegations of the complaint, and presenting2
every defense that then exists and upon which the defendant intends to3
rely, either by including the same DEFENSE in the defendant's answer or4
by simultaneously filing motions setting forth each defense. I F THE5
DEFENDANT'S ANSWER EXPRESSES AN INTENTION TO EXERCISE THEIR6
RIGHT TO CURE PURSUANT TO SECTION 13-40-115, THEN THE COURT SHALL7
NOT ENTER JUDGMENT WITHOUT A TRIAL OR A HEARING.8
(c) IF THE DEFENDANT ASSERTS THAT THEY DID NOT TIMELY FILE9
AN ANSWER IN WRITING FOR ONE OR MORE OF THE FOLLOWING REASONS,10
THE COURT SHALL RELIEVE THE DEFENDANT FROM FINAL JUDGMENT AND11
VACATE ANY JUDGMENT OR WRIT OF RESTITUTION THAT MAY HAVE BEEN12
ISSUED AND PROVIDE THE DEFENDANT WITH A REASONABLE AMOUNT OF13
TIME, NO LESS THAN SEVEN DAYS, TO FILE AN ANSWER TO THE COMPLAINT:14
(I) A HOSPITALIZATION;15
(II) A SICKNESS OR AN INJURY DOCUMENTED BY A NOTE FROM A16
MEDICAL PROFESSIONAL;17
(III) A REASONABLE ACCOMMODATION REQUEST MADE TO THE18
COURT FOR A DISABILITY;19
(IV) A LACK OF PROPER SERVICE IN ACCORDANCE WITH SECTION20
13-40-112;21
(V) A TRANSPORTATION ISSUE THAT REASONABLY PREVENTED22
TIMELY PARTICIPATION;23
(VI) A COMPLICATION RELATED TO ELECTRONIC FILING THAT WAS24
REASONABLY OUTSIDE THE CONTROL OF THE DEFENDANT; AND25
(VII) A COURT ISSUE THAT WAS REASONABLY OUTSIDE THE26
CONTROL OF THE DEFENDANT.27
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(2) The court for good cause may permit the filing of additional1
and amended pleadings if it THE FILING will not result in a delay2
prejudicial to the defendant. If the defendant asserts a defense described3
in section 13-40-104 (4)(a), OR IF THE DEFENDANT ASSERTS A REASON4
LISTED IN SUBSECTION (1)(c) OF THIS SECTION, the court shall permit the5
filing of additional and amended pleadings.6
(4) After an answer is provided to the court pursuant to this7
section:8
(a.7) I F A DEFENDANT IN AN ACTION FILED PURSUANT TO THIS9
ARTICLE 40 REQUESTS AN EXTENSION OF A SCHEDULED TRIAL DATE DUE10
TO A REASON LISTED IN SUBSECTION (1)(c) OF THIS SECTION, THE COURT11
SHALL FIND GOOD CAUSE EXISTS TO EXTEND THE TRIAL DATE BEYOND TEN12
DAYS AFTER THE ANSWER IS FILED AND SHALL MAKE ALL REASONABLE13
EFFORTS TO SCHEDULE THE TRIAL DATE AT THE EARLIEST TIME14
PRACTICABLE THAT WOULD ALSO ALLOW BOTH PARTIES TO PARTICIPATE.15
A COURT MAY ALSO GRANT AN EXTENSION OF A SCHEDULED TRIAL DATE16
FOR ANY OTHER REASON AT ITS DISCRETION PURSUANT TO SUBSECTION17
(4)(a) OF THIS SECTION.18
SECTION 4. In Colorado Revised Statutes, 13-40-115, amend19
(4) introductory portion as follows:20
13-40-115. Judgment - writ of restitution - cure period.21
(4) A landlord who provides a tenant with proper notice of22
nonpayment shall accept payment of the tenant's full payment of all23
amounts lawfully due OWED according to the notice RENTAL AGREEMENT,24
as well as any rent that remains LAWFULLY due under the rental agreement25
or that remains due pursuant to a repayment plan established pursuant to26
section 13-40-104 (4)(e), at any time until a judge issues a judgment for27
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possession pursuant to subsection (1) or (2) of this section. A tenant may1
pay this amount to either the landlord or to the court. Once a court has2
confirmation that the full amount has been timely paid, the court shall:3
SECTION 5. In Colorado Revised Statutes, 13-40-117, amend4
(3) as follows:5
13-40-117. Appeals.6
(3) If the appellee believes that the appellee may suffer serious7
economic harm during the pendency of the appeal, the appellee may8
petition the court taking the appeal to require the appellant to have an9
additional undertaking to cover the anticipated harm. The court shall10
order such AN ADDITIONAL undertaking only after a hearing and upon a11
finding that the appellee has shown a substantial likelihood of suffering12
such economic harm during the pendency of the appeal and that the13
appellee will not be adequately protected under the appeals bond and the14
other requirements for appeal pursuant to sections 13-40-118, 13-40-120,15
and 13-40-123 PURSUANT TO SECTIONS 13-40-120 AND 13-40-123.16
SECTION 6. In Colorado Revised Statutes, repeal 13-40-118 as17
follows:18
13-40-118. Deposit of rent.19
In all appeals from the judgment of a county court, in an action20
founded upon section 13-40-104 (1)(d), the defendant, at the time of the21
filing thereof, shall deposit with the court the amount of rent found due22
and specified in such judgment. Unless such deposit is made, the appeal23
is not perfected, and proceedings upon such judgment shall thereupon be24
had accordingly. If the appeal is perfected, the court shall transmit such25
deposit to the clerk of the appellate court, with the papers in such case;26
and the appellant thereafter, at the time when the rents become due as27
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specified in the judgment appealed from and as often as the same become1
due, shall deposit the amount thereof with the clerk of such appellate2
court. In case the appellant, at any time during the pendency of such3
appeal and before final judgment therein, neglects or fails to make any4
deposit of rent, falling due at the time specified in the judgment appealed5
from, the court in which such appeal is pending, upon such fact being6
made to appear and upon motion of the appellee, shall affirm the7
judgment appealed from with costs; and proceedings thereupon shall be8
had as in like cases determined upon the merits.9
SECTION 7. In Colorado Revised Statutes, amend 13-40-120 as10
follows:11
13-40-120. Appellate review.12
Appellate review of the judgment of the district courts of this state13
in proceedings under this article ARTICLE 40 is allowed as provided by14
law and the Colorado appellate rules. In cases of appeal from judgments15
founded upon causes of action embraced in section 13-40-104 (1)(d), the16
deposit of rent money during pendency of appeal shall be made, or17
judgment of affirmance shall be entered, in the manner provided in18
section 13-40-118.19
SECTION 8. In Colorado Revised Statutes, 13-40-122, amend20
(1)(a) and (1)(b); and add (1)(d) and (1)(e) as follows:21
13-40-122. Writ of restitution after judgment - definitions.22
(1) (a) Except as provided in subsection (1)(a.5) of this section,23
a court shall not issue a writ of restitution upon any judgment entered in24
any action pursuant to this article 40 until forty-eight hours after the time25
of the entry of the judgment. If the writ of restitution concerns a26
residential tenant who receives supplemental security income, social27
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security disability insurance under Title II of the federal "Social Security1
Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through2
the Colorado works program created in part 7 of article 2 of title 26, The3
writ must specify that the writ is not executable for thirty days after entry4
of judgment pursuant to subsection (1)(b) of this section; except in the5
case6
(I) in which a court has ordered a judgment for possession for a7
substantial violation pursuant to section 13-40-107.5. or8
(II) Of a landlord with five or fewer single-family rental homes9
and no more than five total rental units including any single-family10
homes.11
(b) A writ of restitution must be executed by the officer having the12
same only in the daytime and between sunrise and sunset, and the officer13
shall not execute a writ of restitution concerning a residential tenancy14
until at least ten days after entry of the judgment; except that the officer15
shall not execute a writ of restitution concerning a residential tenancy16
until at least thirty days after entry of judgment; if the residential tenant17
receives supplemental security income, social security disability insurance18
under Title II of the federal "Social Security Act", 42 U.S.C. sec. 401 et19
seq., as amended, or cash assistance through the Colorado works program20
created in part 7 of article 2 of title 26, as specified in the writ; except in21
the case22
(I) in which a court has ordered a judgment for possession for a23
substantial violation pursuant to section 13-40-107.5. or24
(II) Of a landlord with five or fewer single-family rental homes25
and no more than five total rental units including any single-family26
homes.27
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(d) A N OFFICER SHALL NOT EXECUTE A WRIT OF RESTITUTION1
DURING INCLEMENT WEATHER.2
(e) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE3
REQUIRES, "INCLEMENT WEATHER" MEANS THE FORECASTED DAILY HIGH4
IS BELOW THIRTY-TWO DEGREES FAHRENHEIT OR ABOVE NINETY DEGREES5
FAHRENHEIT OR SUBSTANTIAL RAIN OR SNOW IS ACCUMULATING OR6
PROJECTED.7
SECTION 9. 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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