Protect Your Assets: Essential Compliance with Colorado's Just Cause Eviction Law for Denver Metro Investors

Introduction: Navigating New Colorado Regulations

For investors in the Denver Metro real estate market—from the core city to the rental hubs of Aurora, Lakewood, Littleton, and Centennial—the rules of the game have fundamentally changed. The implementation of Colorado HB24-1098, known as the "For Cause Eviction Law," means you can no longer simply refuse to renew a lease without a valid, legally defined reason.

This state law requires all landlords to have a "Just Cause" for evicting a tenant or declining to renew a lease, marking a major shift toward tenant protection. At Bergan & Co., we specialize in ensuring our clients across the Denver Metro region remain 100% compliant with this and all other complex housing laws, securing your investment and minimizing legal exposure.

🛑 What Does "Just Cause" Mean Under Colorado Law?

The Just Cause Eviction law applies to all tenants who have occupied a unit for 12 months or longer (with a few exceptions, such as owner-occupied properties of fewer than four units).

It means a landlord must provide a specific, lawful reason if they wish to terminate a tenancy or refuse to renew an expiring lease. These lawful reasons fall into two strict categories: Tenant Fault and No-Fault.

Category 1: Tenant-Fault Eviction (Violation of Lease Terms)

If the tenant is responsible for the violation, you have Just Cause to terminate. This requires a standard notice period (e.g., 10 days for non-payment, 3 days for a substantial violation) with the opportunity to cure the violation, where applicable.

• Non-Payment of Rent: Failure to pay rent after receiving proper written demand.

• Material Lease Violation: Significant, uncorrected breaches of the lease terms.

• Nuisance or Property Damage: Tenant behavior that creates a disturbance or causes property damage.

• Illegal Activity: Criminal conduct on the premises.

• History of Late Payments: Three or more rent payments that were at least 10 days late during the tenancy (requires a 90-day notice for non-renewal).

• Refusal to Sign a New Lease: Tenant refuses to sign a new rental agreement that offers reasonable terms.

Category 2: No-Fault Eviction (Landlord-Initiated Termination)

These reasons are not the tenant’s fault but are necessary due to the landlord's plans for the property. Crucially, under HB24-1098, these terminations require a lengthy 90-day written notice and specific documentation, but do not require the landlord to pay relocation assistance.

The acceptable No-Fault causes for non-renewal include:

• Owner/Family Move-In: The landlord or an immediate family member intends to occupy the property as their primary residence (must occupy for at least 12 continuous months).

• Major Repairs/Renovations (Substantial Rehab): The property must undergo repairs so extensive that it cannot be safely or lawfully occupied during the renovation.

  • Note: If the repairs take less than 180 days, the tenant has the right to return to the unit under reasonable new terms.

• Demolition or Conversion: The property is being demolished or converted to a non-residential use.

• Withdrawal from Rental Market for Sale: The landlord intends to sell the property (applies only to SFHs, duplexes, or triplexes).

🔑 Key Requirement: For all no-fault terminations, the landlord must provide the tenant with at least 90 days’ written notice before the end of the lease term, clearly stating the legal cause and providing any required documentation.

🛡️ Risk Mitigation: Compliance for Denver Metro Investors

Navigating these strict legal requirements is impossible without precision. Procedural errors—such as incorrect notice periods or improper service—can lead a judge to dismiss an eviction case, costing you months of time and lost rent.

Bergan & Co. protects investors in the Denver, Aurora, Lakewood, and surrounding areas by focusing on:

1. Impeccable Documentation: Every demand, violation notice, and communication must be documented and served correctly according to the strict legal timelines, including the dual-service requirement for demands.

2. Proactive Lease Strategy: We ensure your lease is updated to align with HB24-1098, clearly defining tenant responsibilities and providing a firm legal basis for any necessary Tenant-Fault eviction.

3. 90-Day Notice Management: We track all lease expiration dates to ensure any No-Fault non-renewal is served with the correct 90-day notice and specific, documented cause, guaranteeing legal compliance.

Conclusion: Invest with Certainty in the Denver Metro

The Just Cause Eviction law demands professional adherence. For single-family rental owners in the Denver Metro area, partnering with an experienced property management firm is the only way to operate confidently and compliantly.

Don't risk costly legal delays or non-compliance fines. Contact Bergan & Co. today to discuss your Denver Metro property management needs and secure your investment!