§ 38-12-1303 — Cause for eviction required - no-fault evictions

(1) A landlord
shall not serve a notice to terminate tenancy or a demand for possession or
otherwise proceed with an action for unlawful detainer pursuant to article 40 of
title 13 unless there is cause for the eviction.

(2) For the purposes of subsection (1) of this section, cause exists only as
described in the following sections:

(a) Section 13-40-104 (1)(a) for when entry is made without right or title into
any vacant or unoccupied lands or tenements;

(b) Section 13-40-104 (1)(b) for when entry is made wrongfully into certain
public lands, tenements, mining claims, or other possessions;

(c) Section 13-40-104 (1)(c) for when a lessee or tenant at will, or at
sufferance, of any nonresidential real property or residential premises described in
section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) holds over and continues in
possession of the property or premises, or any portion of the property or premises,
after the expiration of the term for which the property or premises was leased or
after the tenancy, at will or at sufferance, has been terminated by either party;

(d) Section 13-40-104 (1)(d) for nonpayment of rent;

(e) Section 13-40-104 (1)(d.5) for a substantial violation, as described in
section 13-40-107.5;

(f) Section 13-40-104 (1)(e) for a material violation of the lease or rental
agreement;

(g) Section 13-40-104 (1)(e.5) for a repeat violation after receipt of proper
notice of a violation;

(h) Section 13-40-104 (1)(e.8) and subsection (3) of this section concerning
no-fault evictions;

(i) Section 13-40-104 (1)(f) for possession after a legal sale;

(j) Section 13-40-104 (1)(g) for when property has been sold under a
judgment or decree and the party or privies to the judgment or decree refuse or
neglect to surrender possession after the expiration of the time of redemption,
when redemption is allowed by law, after the purchaser demands the property;

(k) Section 13-40-104 (1)(h) for when an heir or devisee continues in
possession of a premises sold and conveyed by a personal representative;

(l) Section 13-40-104 (1)(i) for a vendee that holds over after failing to comply
with an agreement to purchase lands or tenements; and

(m) Section 13-40-104 (1)(j) for when a tenant has engaged in conduct that
creates a nuisance or disturbance that interferes with the quiet enjoyment of the
landlord or other tenants at the property or where the tenant is negligently
damaging the property.

(3) In addition to the requirements of subsection (5) of this section, the
following conditions constitute grounds for a no-fault eviction of a tenant:

(a) Demolition or conversion of residential premises. When a landlord plans
to demolish a residential premises, convert it to a nonresidential use, or convert it to
a short-term rental property, the landlord may initiate a no-fault eviction of a tenant
of the residential premises at the end of the term of the rental agreement so long
as the landlord:

(I) Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(a)(II) of this section to vacate the residential premises,
during which time the tenant may remain in possession of the residential premises
under the same terms of the tenant's existing rental agreement; and

(II) Provides the tenant proper service of a written notice of the no-fault
eviction, which written notice includes:

(A) The date by which the tenant must vacate the residential premises, which
date must be at least ninety days after the date upon which the landlord provides
the written notice to the tenant; and

(B) A description and timeline of the demolition or conversion of the
residential premises and a material demonstration of the proposed date upon which
the project will commence, such as a copy of a building permit or application for a
permit or license to operate a short-term rental property, where applicable.

(b) Substantial repairs or renovations. (I) Except as described in subsection
(3)(b)(II) of this section, when a landlord plans to make substantial repairs or
renovations to a residential premises, the landlord may initiate a no-fault eviction of
a tenant of the residential premises at the end of the term of the rental agreement
so long as the landlord:

(A) Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(b)(I)(B) of this section to vacate the residential premises,
during which time the tenant may remain in possession of the residential premises
under the same terms of the tenant's existing rental agreement;

(B) Provides the tenant proper service of a written notice of the no-fault
eviction, which written notice includes the date by which the tenant must vacate the
residential premises, which date must be at least ninety days after the date upon
which the landlord provides the written notice to the tenant;

(C) Provides the tenant an expected completion date and a general
description of the substantial repairs or renovations to the residential premises;

(D) Proceeds without unreasonable delay to effect the substantial repairs or
renovations upon the landlord's recovery of possession of the residential premises;
and

(E) For any repairs or renovations expected to last less than one hundred
eighty days, provides the tenant a written notice sent in a manner that the landlord
typically uses to communicate with the tenant, which notice includes the expected
completion date for the repairs or renovations. If, within ten days after receiving the
notice, the tenant notifies the landlord that the tenant wants to return to the
residential premises, the landlord shall offer the tenant the first right of refusal to
sign a new rental agreement with reasonable terms. If the tenant accepts the new
rental agreement, the tenant has thirty days to occupy the residential premises
unless the parties mutually agree on an extended timeline in writing.

(II) A landlord shall not initiate a no-fault eviction of a tenant as described in
subsection (3)(b)(I) of this section if the substantial repairs or renovations that are
the alleged basis of the no-fault eviction are:

(A) Required in order for the landlord to satisfy all required remedial action
described in section 38-12-503 concerning a breach of the warranty of habitability;
or

(B) Initiated by the landlord in retaliation against the tenant, as described in
section 38-12-509 (1).

(c) Landlord or family member of landlord assumes occupancy. (I) When a
landlord plans to recover possession of a residential premises for the landlord's
own use and occupancy as a residence, or for the use and occupancy as a residence
by the landlord's family member, the landlord may initiate a no-fault eviction of a
tenant of the residential premises at the end of the term of the rental agreement so
long as:

(A) Except as described in subsection (3)(c)(III) of this section, the landlord or
the landlord's family member moves into the residential premises within three
months after the tenant vacates the residential premises;

(B) Except as described in subsection (3)(c)(II) of this section, the landlord
provides the tenant proper service of a written notice of the no-fault eviction at
least ninety days before the date by which the tenant must vacate the residential
premises, during which time the tenant may remain in possession of the residential
premises under the same terms of the tenant's existing rental agreement;

(C) No substantially equivalent unit is vacant and available to house the
landlord or the landlord's family member in the same building; and

(D) The landlord does not list the residential premises for a long-term or
short-term rental for at least ninety days after the date the tenant is required to
vacate.

(II) If the landlord is an individual on active military duty for the United States
military forces or a spouse of such an individual, the landlord must provide the
tenant proper service of a written notice of the no-fault eviction at least forty-five
days before the date by which the tenant must vacate the residential premises,
during which time the tenant may remain in possession of the residential premises
under the same terms of the tenant's existing rental agreement.

(III) If the landlord or the landlord's family member is a person with a
disability, the landlord may extend for a reasonable time the period of time
described in subsection (3)(c)(I)(A) of this section to allow for changes to be made
to the residential premises to accommodate the family member with the disability.

(d) Withdrawal from rental market for the purpose of selling the residential
premises. (I) When a landlord plans to sell a residential premises that is a single-family home, a townhome, a duplex, a triplex, or an individual condominium unit, the
landlord may initiate a no-fault eviction of a tenant of the residential premises at
the end of the term of the rental agreement so long as the landlord:

(A) Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(d)(I)(B) of this section to vacate the residential premises,
during which time the tenant may remain in possession of the residential premises
under the same terms of the tenant's existing rental agreement;

(B) Provides the tenant proper service of a written notice of the landlord's
intent to withdraw the residential premises from the rental market and sell the
residential premises, which notice includes the date on which the tenant will be
required to vacate; and

(C) Does not list the residential premises for a long-term or short-term rental
for at least ninety days after the date on which the tenant is required to vacate;
except that this subsection (3)(d)(I)(C) does not apply if the landlord produces
evidence that the residential premises was listed for sale on a multiple-listing
service after the tenant was required to vacate.

(II) Nothing in this subsection (3)(d) may be construed to allow a landlord to
initiate a no-fault eviction or otherwise terminate a rental agreement without cause
before the end of the term of the rental agreement.

(e) Tenant refuses to sign new lease with reasonable terms. If a tenant
refuses to sign a new rental agreement with reasonable terms, the landlord may
initiate a no-fault eviction of the tenant so long as the landlord:

(I) Allows the tenant at least ninety days after receiving the notice described
in subsection (3)(e)(II) of this section to vacate the residential premises after the
tenant has refused to sign the new rental agreement, during which time the tenant
may remain in possession of the residential premises under the same terms as the
tenant's existing rental agreement; and

(II) Provides the tenant proper service of a written notice of the landlord's
intent to terminate the tenancy, which notice includes the date on which the tenant
will be required to vacate.

(f) History of nonpayment of rent. (I) If a tenant submits a rent payment late
more than two times during the period of the rental agreement, the landlord may
initiate a no-fault eviction of the tenant at the end of the term of the rental
agreement so long as the landlord:

(A) Allows the tenant at least ninety days after receiving the notice
described in subsection (3)(f)(I)(B) of this section to vacate the residential premises,
during which time the tenant may remain in possession of the residential premises
under the same terms as the tenant's existing rental agreement; and

(B) Provides the tenant proper service of a written notice of the landlord's
intent to terminate the tenancy, which notice includes the date on which the tenant
will be required to vacate.

(II) For purposes of this subsection (3)(f), a rent payment qualifies as late if it
is submitted more than ten calendar days after the day it is due according to the
rental agreement and the landlord provides the tenant with proper service of a
written notice under section 13-40-104 (1)(d).

(III) This subsection (3)(f) does not apply if the rent payment is submitted
within the cure period described in section 13-40-104 (1)(d).

(4) Nothing in this section shall be construed to impact the interpretation of
the meaning of the term good cause as the term is used in federal law or federal
regulations.

(5) (a) A landlord may proceed with a no-fault eviction of a tenant by filing an
action under article 40 of title 13 only if the landlord provides proper service of a
written notice of the no-fault eviction and the tenant fails to vacate on or before the
deadline stated in the notice.

(b) A written notice provided pursuant to subsection (3) of this section must
include a statement of the legal and factual basis for the landlord's no-fault
eviction of the tenant, which legal basis must be set forth in subsection (3) of this
section.

Legislative History

Source: L. 2024: Entire part added, (HB 24-1098), ch. 113, p. 355, � 2, effective April 19.