When the lease expires is the landlord required to offer to renew (except when there are legal reasons not to: (criminal activity, etc.)?

This is a good question, considering the significant changes to Colorado landlord-tenant law that have occurred in recent years. Before April 2024, the answer was generally no. A landlord could opt not to renew a tenant’s lease for any reason or no reason at all, as long as discrimination wasn’t a factor in the decision. However, since HB 24-1098’s enactment, Colorado landlords are generally required to offer tenants the option to renew their leases, unless they have a legally supported reason not to. 

Under Colorado’s “For Cause” rule, landlords are prohibited from evicting a residential tenant unless the landlord has cause for eviction. Cause only exists when:

• a tenant’s behavior created a substantial disturbance 

• a tenant caused physical damage to the property

• a tenant or landlord met one of the “no-fault” eviction grounds

Grounds for a “no-fault” eviction of a residential tenant include:

1. the landlord is planning to demolish or convert the residence for non-residential purposes

2. the landlord is planning to make major repairs or renovate the property in ways that would be highly disruptive to the tenant

3. the landlord or a relative is planning to move into the property

4. the landlord is planning to sell the property 

5. the tenant refuses to sign a new lease with reasonable terms

6. the tenant has established a history of not paying rent on time

In most cases, landlords are required to provide tenants with 90 days written notice of nonrenewal for at least one of the six reasons provided. However, Colorado’s “For Cause” rule may not apply to landlords with: 

• unapproved subtenants

• short-term rentals

• owner-occupied properties 

• employer-provided housing 

• mobile home lots

• tenants with less than 12 months rental history at the property 

Given the complexity of new Colorado landlord-tenant laws, my team has developed a systematic approach that enables us to interpret these legal changes and exemptions with confidence. Book a consultation with one of our Eviction & Landlord attorneys for more clarity on how this legal landscape applies to your current situation.