§ 38-12-1204 — Authorized conduct

(1) Section 38-12-1203 does not prohibit a
landlord from:

(a) Complying with any legal obligation under:

(I) Federal, state, or local law, including any legal obligation under a
government program or pursuant to a condition of government funding, if the
government program or government funding provides rent limitations or rental
assistance to a tenant;

(II) A subpoena;

(III) A warrant; or

(IV) A court order of any kind;

(b) Requesting information or documentation necessary to determine or
verify the financial qualifications of a prospective tenant, provided the landlord
requests the same information or documentation of all prospective tenants
regardless of immigration or citizenship status, including requesting a social
security number or relevant taxpayer identification number; or

(c) Delivering to the tenant an oral or written notice regarding conduct by
the tenant that violates or may violate any applicable rental agreement or law.

(2) Section 38-12-1203 does not enlarge or diminish a landlord's right to
terminate a tenancy pursuant to existing state or local law or the ability of a unit of
federal, state, or local government to regulate or enforce a prohibition against a
landlord's harassment of a tenant.

(3) Nothing in this part 12:

(a) Prevents a landlord from seeking to collect rent due under the rental
agreement; or

(b) Permits a landlord to violate section 8-2-130.

(4) Any waiver of a right under this part 12 by a tenant is void as a matter of
public policy.

Legislative History

Source: L. 2020: Entire part added, (SB 20-224), ch. 187, p. 857, � 1, effective June 30.