Colorado Amends Cure Period for Certain Lease Violations by Tenants 11:06, January 8, 2020

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Colorado Amends Cure Period for Certain Lease Violations by Tenants

The Colorado legislature recently amended the Colorado statute relating to a tenant’s ability to cure lease defaults and avoid eviction. Under the amended eviction statutes, Colorado residential tenants will have additional time to cure defaults alleged by landlords.

Before the enactment of House Bill 19-1118, a residential tenant generally had 3 days after written notice by a landlord to cure an alleged payment default or other breach of a lease. House Bill 19-1118 amended the cure period in certain leases and added definitions for different types of leases.

First, tenants generally will now have 10 days to cure a payment default or other breach of a lease. This 10-day cure period would begin on the day that the landlord serves written notice on the tenant requiring payment of rent, compliance with the violated lease provision, or possession of the leased property.

Second, for non-residential leases of employer-provided housing agreements, only 3 days’ prior written notice is required before a landlord can begin eviction proceedings. The legislature defined employer-provided housing agreements to include a residential tenancy where the tenant’s employer acts as a landlord.

Finally, tenants who occupy a property under an “exempt residential agreement” will now have 5 days to cure an alleged payment default or other breach of a lease. To meet the definition of an “exempt residential agreement,” the following factors must apply: (i) the underlying property must be a single family home; (ii) the landlord may only own 5 or fewer single family rental homes; and (iii) the landlord must provide certain notices in the residential lease.

Garfield & Hecht, P.C. attorneys represent landlords and tenants in drafting and negotiating leases and in eviction proceedings. For more information, contact one of the following attorneys: