Key Points:
- New notification rules for landlords
- Only one rent increase allowed per year
- Increased time and expense to evict non-paying tenants
Having just closed their 2021 session, the Colorado Legislature recently passed HB21-1121, which is titled “Concerning Protections for Residential Tenants Related to Actions by Landlords.” This bill has an impact on both landlords and tenants in two ways.
1) Rent Increases
In the past: Rent increase terms were negotiated between a landlord and a tenant and outlined in the lease. There were few laws outside of a lease agreement that regulated the terms of when landlords were allowed to increase rent.
That new law per HB21-1121: Landlords may only increase rent for their tenants one time in a 12-month period, regardless of term of lease. This includes both month-to-month and term leases. This means landlords are allowed one (and only one) rent increase per 12-month period, with NO exceptions.
*Note: For specifics on how landlords are required to give notice of rent increase, please read the bill in its entirety here.
2) Writ of Restitution
In the past: If a landlord was attempting to evict a tenant for non-payment of rent through the court system, and the court ruled in favor of the landlord - the tenant was then given a minimum of 48 hours before the writ of restitution could be authorized and executed by the sheriff. This allows the tenant at least 2 additional days to vacate the property before a physical eviction could take place.
The new law per HB21-1121: When landlords seek to dispossess their tenant based on failure to pay rent and the court decides in their favor, the tenant now has a minimum of 10 days before the writ of restitution can be authorized by the sheriff. This gives a tenant an additional 10 days to vacate a property AFTER a judge has granted legal possession of the property back to the landlord.
Though this bill is immediately effective, we at Grace Property Management don’t anticipate that the changes in this bill will greatly impact the rental industry in significant ways. As always, if you have questions, please contact us at 303-255-1990 or online at www.RentGrace.com.
