Winter & Hinrichsen Bill to Strengthen Renter Rights Approved by Senate
Bill would strengthen renters rights by prohibiting provisions in rental agreements that waive important rights
DENVER, CO – Today the Senate approved Senator Faith Winter, D-Westminster, and Nick Hinrichsen’s, D-Pueblo, bill to bolster tenant rights in rental agreements.
HB23-1095 prohibits most rental agreements from including certain provisions that waive important rights.
“Whether it’s Steamboat Springs or Sedalia, housing is a top concern for Coloradans,” Winter said. “This year we’re taking bold action to tackle Colorado’s housing crisis from all angles. By preserving the affordable housing stock we already have and strengthening renters rights, Coloradans will be better positioned to find housing options that fit their budget, and sign rental agreements that preserve their comfort and safety.”
“Too often, Colorado renters unknowingly sign rental agreements that waive important rights, contain legal traps, and tack on hidden fees,” said Hinrichsen. “HB23-1095 prohibits landlords from sneaking inflated charges or unfair provisions into rental agreements, ensuring Colorado renters aren’t taken advantage of or exploited.”
Prohibited provisions include:
Any waiver of the right to quiet enjoyment of the property, which protects renters from landlords entering the property without notice and their right to have peace and quiet in their home;
Any waiver of the right to a jury trial, unless all parties agree to waive a jury trial in a hearing to determine occupancy;
Any waiver of the right to participate in a class action lawsuit;
Penalties or charges if a renter does not provide notice of non-renewal unless the landlord incurred actual losses as a result; or
Provisions to charge renters for both third party services that is in excess of 2 percent of the actual charge or a monthly administrative fee of $10, to cover these services.
Landlords often profit from renters by including inflated third party charges like pest control and valet trash services in administrative fees. Under HB23-1095, landlords would not be allowed to charge renters more than 2 percent of the actual charge to the landlord or $10, but not both.
Large rental companies often use a class action waiver to protect themselves from lawsuits by preventing renters from collectively pursuing legal action. Individual renters usually can’t afford a legal fight against a large rental company, which allows rental companies to get away with violations.
HB23-1095 now heads back to the House for concurrence of amendments. You can track the bill’s progress HERE.