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HB19-1118: Extending Notice to a Tenant Before Eviction

Sponsors: Rep. Jackson and Rep. Galindo and Sen. Williams

THE IMPACT OF EVICTION

• Forced moves have a domino effect, leading to job loss, poverty, and homelessness.

• Housing instability for tenants with children often destabilize family relationships, children’s education, and community.

• Forced moves can be particularly burdensome for older Coloradans and individuals with disabilities.

• Having an eviction on record can make it nearly impossible to secure housing in the future.

THE EVICTION PROCESS Before filing a Forcible Entry and Detainer (FED or eviction) action in court, the landlord must give the tenant written notice of the lease violation that has taken place and the landlord’s intent to evict the tenant if the issue is not remedied. This “3-day notice” states that the tenant must cure the lease violation or vacate the property within three days. If the tenant can remedy the lease violation within this period, they can remain in their home. If the tenant fails to do so, the landlord may file an eviction action.

THE PROBLEM Current law does not allow sufficient time to remedy a lease violation or pay the full amount of overdue rent in the case of a financial emergency. This short timeframe also undermines the effectiveness of existing rental assistance programs.

THE SOLUTION: EXTEND EVICTION NOTICE PERIOD The bill extends the notice required before a landlord can file for an eviction for a non- substantial lease violation, including unpaid rent, from 3 to 10 days, as amended. This ensures the tenant has sufficient time to address the complaint. This would not preclude the landlord from charging and collecting late fees for overdue rent.

MORE INFORMATION

This bill does not change the eviction process when a tenant’s behavior endangers the safety or property of the landlord or another tenant, or when a tenant is committing a criminal offense. A tenancy may still be terminated at any time based on a substantial violation and becomes effective three days after written notice is given.

• 28 states give more notice before eviction than Colorado in the case of unpaid rent, and 36 states provide more notice in the case of other lease violations.


For questions contact Aubrey Hasvold at ahasvold@coloradocoalition.org & Danny McCarthy at danny@mendezconsultinginc.com or Jack Regenbogen at jregenbogen@cclponline.org & Adeline Hodge at adeline@frontlinepublicaffairs.com


Support for HB19-1118

9to5 Colorado

Colorado Fiscal Institute

Mile High Connects

Mile High Connects

AARP Colorado

Adams County

All Families Deserve a Chance Coalition

Arc Thriftstores

Association of Colorado Centers for Independent Living

Atlantis Community, Inc.

Colorado Lawyers Committee

Colorado Poverty Law Project

Colorado Senior Lobby

Colorado Social Legislation Committee

CWEE

Denver Homeless Out Loud

NAACP CO-MT-WY State Conference

NAACP CO-MT-WY State Conference

Raise Colorado (formerly the Prenatal, Infant, Toddler Coalition)

Raise Colorado (formerly the Prenatal, Infant, Toddler Coalition)

Raise Colorado (formerly the Prenatal, Infant, Toddler Coalition)

Southwest Center for Independence

Southwest Center for Independence

The Arc of Adams County

The Arc of Adams County

The Arc of Arapahoe and Douglas Counties

Bayaud Enterprises

B-Konnected

Boulder Rights Watch

Center for Health Progress

COLOR

Colorado Catholic Conference

Colorado Center on Law and Policy

Colorado Children’s Campaign

Colorado Coalition for the Homeless

Colorado Council of Churches

Colorado Cross Disability Coalition

Denver Metro Fair Housing Center

Denver Regional Council of Governments

El Paso County Democratic Party

Energy Outreach Colorado

Enterprise Community Partners

Family and Intercultural Resource Center (Summit County)

Growing Home

Interfaith Alliance of Colorado

Lutheran Advocacy Ministry —Colorado

Mental Health Colorado

Metro Caring

The Arc of Aurora

The Arc of Aurora

The Arc of Colorado

The Arc of Colorado

The Arc of Central Mountains

The Arc of Grand Junction

The Arc of Grand Junction

The Arc of Larimer County

The Arc of Larimer County

The Arc of Pikes Peak

The Arc of Pikes Peak

The Arc of Southwest

The Arc of Weld County

The Arc of Weld County

The Association for Community Living in Boulder County

The Association for Community Living in Boulder County

The Denver Foundation

The Independence Center

The Independence Center

Violence Free Colorado

Women’s Lobby of Colorado

Women’s Lobby of Colorado


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