Colorado has new renter protections starting Oct. 1. Here’s a breakdown.
About one in five Colorado respondents have slight or no confidence they can make the next month’s rent, according to U.S. Census survey data from the pandemic
A new state law that takes effect Friday confers several new rights upon renters. Here are the main changes brought by SB21-173:
- If a landlord files for an eviction due to nonpayment but a tenant comes up with the full amount owed before a court signs off on the eviction, the landlord must accept the money and the eviction is cancelled. Previously, there’s been a 10-day “cure” period for tenants to resolve outstanding debts, but now there is no particular deadline.
- Tenants are able to use a health-and-safety defense in court regardless of settling any rental debts. Previously, if a tenant facing eviction over nonpayment complained to the court about the state of their home for health or safety concerns, like a landlord neglecting mold or not fixing a broken heating system, the tenant would have to pay most of their due balance to stay in their unit.
- Colorado will no longer allow eviction hearings on the same day a landlord files an eviction. Renters are guaranteed at least one week between filing and hearing.
- Late fees are capped at $50 or 5% of a tenant’s outstanding rent balance, whichever is higher. Landlords can assess these fees only once per late payment; previously they’ve been allowed to charge unlimited fees for every day of missed payment.
- Landlords can no longer initiate eviction proceedings against a tenant solely due to a tenant not paying late fees.
On top of the new protections established by SB21-173, Gov. Jared Polis has an executive order in place that protects a renter who has a pending application for state rental assistance money from eviction for 30 days. The order expires Monday unless Polis extends it.
There is no active eviction moratorium in Colorado because the U.S. Supreme Court struck down a nationwide moratorium in late August.
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