Bill passes through House would give tenants more rights when facing eviction

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AURORA, Colo. Christina Morales did everything right.

She applied for rental assistance, communicated with her landlord and pledged to do all she could to avoid eviction.

After her husband died in 2019, Morales was forced to move in with her son, as she could not afford an apartment on her sole income. 

When the COVID-19 pandemic hit, Morales’ son had to stop working and focus on taking care of his son, as daycares around the area closed. Morales’ income then supported the two in their Northglenn home until she caught COVID-19 and could not work for weeks.

Her landlord knew about her husband’s deal and her illness. She begged for leeway and sought legal assistance, but a judge granted her eviction and she was forced out nonetheless.

“It was very emotional. It was very hard and very stressful because I had just lost my husband and now I’m losing my house and losing everything,” Morales said.

The Colorado House of Representatives passed a bill Wednesday giving tenants more rights when facing eviction and codifying clearer guidelines for when landlords can and cannot force a person out of their home. The bill would Enshrine a tenant’s right to stable housing in law, Prevent tenants from self-evicting when they receive initial eviction notices from landlords, Protect tenants from landlord retaliation for advocating for repairs and legal rights and Provide options for tenants when evictions happen that aren’t their fault

“There are no protections for renters when their leases are getting terminated,” said Rep. Javier Mabrey, a Democrat from Denver. “Tenants should not be afraid that they’re going to be retaliated against or removed from their homes.”

Mabrey is an eviction defense attorney and said when tenants face eviction, many accept it on its face because they either do not know their rights or do not have rights.

“Far too often, my job is to just convey bad news to clients,” Mabrey said. “It is time that tenants have a fighting chance in court to remain in their homes.”

The bill, titled “Just Cause Eviction,” outlines specific criteria landlords must meet before evicting a tenant. If the bill passes through both legislative chambers and is signed by Gov. Jared Polis, those who rent out living spaces would still be able to get tenants out if the tenant has repeatedly not paid rent, commits a substantial lease violation, refuses to allow the landlord to enter the property within a 48-hour notice period or refuses to sign a new lease that is “substantially similar” to the old lease.

Landlords may also remove a tenant if they need to perform repairs on the unit or a family member needs to move in. In those cases, the landlord would be required to find the tenant a new rental unit, the bill outlines.

Those qualifications, Mabrey argued, are more than generous enough to landlords. Anything that doesn’t fall under the umbrella he outlined would not be considered “just cause,” for eviction, he added.

“What we have heard from the voters in the state of Colorado is that they want us to work on housing. They want us to keep Coloradans housed,” said Sen. Julie Gonzales, a Denver Democrat who is co-sponsoring the bill. “They want us to advance equity and justice for renters and provide clarity for landlords.”

Other tenants who spoke in a news conference before the bill’s hearing said they were evicted for raising concerns about their living conditions to the owners of their buildings, which the bill also aims to address.

Erika Reyes, a Commerce City resident, said throughout the course of several months, she raised concerns about cockroaches, mold and water damage in her apartment. Her property manager then told her she had missed one month's rent payment months prior, and if she did not pay within three days, she would be evicted.

Reyes kept receipts of all her payments and was able to prove she did pay, but knows someone else may not have done the same and would have been forced to accept the decision.

“Help us hold our corporate landlords accountable,” Reyes urged lawmakers and members of the public at Wednesday’s news conference.

Though dozens of Coloradans testified in favor of the bill, several  most representing banks and landlords  felt it went too far.

“If you want people to rent a property to another person, you have to give them a contractual mechanism to ask for that property back,” said Andrew Hamrick, legal counsel for the Colorado Apartment Association, a nonprofit trade association representing landlords. “People will not be willing to rent a piece of property under the same price and term if it doesn't have the same end.”

The bill now heads to the Senate for two approval votes before reaching Gov. Jared Polis.


Alison Berg is a multimedia journalist who can be reached at alisonberg@rmpbs.org. or via her Twitter @alison__berg.

Julio Sandoval is a multimedia journalist with Rocky Mountain PBS. You can reach him at juliosandoval@rmpbs.org.