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How to Dispute a Lease Non-Renewal Notice in Colorado Under HB 24-1098

Under Colorado's 'For Cause Eviction' law (HB 24-1098), residential landlords can no longer refuse to renew a lease simply because the contract term expired. Unless your landlord proves one of the narrow statutory fault or no-fault exceptions with proper advance notice, non-renewal notices are legally invalid. You can dispute an unlawful notice in writing, assert an affirmative defense in court, and protect your tenancy.

Colorado Law: Why Blanket Non-Renewals Are Now Unlawful

In Colorado, landlords previously had unilateral power to end residential tenancies at the end of a lease term without giving any justification. That practice was abolished under House Bill 24-1098 (codified at C.R.S. § 38-12-1301 et seq.), which established a mandatory 'for-cause' eviction and non-renewal standard statewide. A non-renewal requiring a tenant to vacate is legally categorized as an eviction. Housing providers must offer tenants a lease renewal unless they satisfy specific statutory grounds.

If you have resided in your rental property for at least 12 months, your landlord cannot issue a notice to vacate simply to clear the unit, re-rent to someone else at a higher rate, or retaliate against you for asserting housing rights. Attempting to terminate a lease without an enumerated legal cause under C.R.S. § 38-12-1303 constitutes an unlawful removal action.

The 6 Legal Exceptions: What Landlords Must Prove

To terminate a complying tenant's lease under C.R.S. § 38-12-1303, a Colorado landlord must provide at least 90 days of written notice prior to the lease expiration and substantiate one of six narrow 'no-fault' justifications: (1) full demolition or conversion of the property to short-term/non-residential use; (2) substantial repairs requiring the unit to be vacant for 30+ days (not including routine warranty of habitability remedies); (3) primary residence occupancy by the landlord or an immediate family member; (4) withdrawal to sell a single-family home, duplex, or triplex (which cannot be relisted for rent for 90 days); (5) tenant refusal to execute a new lease containing reasonable terms; or (6) documented history of repeated nonpayment (such as three or more late rent payments during the tenancy).

If your landlord delivers a generic notice stating 'your lease is ending and will not be renewed,' or fails to provide the required 90-day notice period and documentary proof, the notice violates the statute on its face. Waivers of these tenant rights buried in lease agreements are void and unenforceable under C.R.S. § 38-12-1305.

Disputing the Notice and Preserving Your Tenancy

When an invalid notice arrives, silence works against you. You must challenge the notice formally and in writing, placing the landlord or property management company on notice of their violation under C.R.S. § 38-12-1301 et seq. State clearly that you are entitled to a renewal offer on reasonable terms and that any unlawful detainer (FED) action filed under C.R.S. § 13-40-101 will be met with an affirmative defense under C.R.S. § 38-12-1306, exposing them to statutory liability and court-ordered attorney fees.

Never ignore legal mail, but do not vacate your home out of panic. You can use Caunsel to analyze the text of your notice, verify statutory timelines, catalog your rent receipts and communications in a private case file, or request an evaluation from an independent licensed Colorado housing attorney. Caunsel is not a law firm and does not file pleadings on your behalf, but it gives you the legal clarity needed to hold predatory property managers accountable.

Steps

• Verify your eligibility: Confirm you have occupied the home for at least 12 months and that your rental is not an exempt property (such as owner-occupied duplexes or employer-provided housing).
• Examine the notice timeline: Check whether the landlord provided a full 90-day written notice; anything shorter (e.g., standard 30- or 60-day notices) fails Colorado statutory requirements.
• Inspect the stated grounds: Identify whether the notice cites a valid statutory reason under C.R.S. § 38-12-1303, along with necessary plans, permits, or sworn owner-occupancy affidavits.
• Send a formal written dispute: Mail a certified letter and email your landlord disputing the notice under C.R.S. § 38-12-1301 et seq., demanding a lease renewal with reasonable terms and citing your right to an affirmative defense.
• Keep paying rent strictly on time: Continue tendering your full monthly rent and obtain proof of payment so the landlord cannot claim nonpayment or breach of lease during the dispute.

Common mistakes

• Moving out voluntarily upon receiving the notice, which waives your right to challenge the invalid non-renewal.
• Withholding rent in protest, handing the landlord a legitimate 'at-fault' eviction claim for nonpayment under C.R.S. § 13-40-104.
• Disputing the non-renewal only verbally or over phone calls without a timestamped written paper trail.
• Ignoring a court summons (FED complaint) if the landlord files an eviction lawsuit, resulting in a default judgment instead of raising C.R.S. § 38-12-1306 as an affirmative defense.

Questions people ask

Can my Colorado landlord refuse to renew my lease just to raise the rent to market rate?

No. Under HB 24-1098, landlords cannot displace an existing tenant simply to find a new renter at higher rates. They must offer you a lease renewal unless they meet one of the six specific no-fault exceptions, although the renewal terms themselves must remain commercially reasonable.

What happens if my landlord files an eviction action after I dispute the notice?

Under C.R.S. § 38-12-1306, a landlord's failure to satisfy for-cause requirements serves as a complete affirmative defense in an eviction proceeding. If the court finds the non-renewal was unlawful, the eviction action must be dismissed and the tenant may be entitled to costs and statutory damages under C.R.S. § 38-12-510.

Does HB 24-1098 apply to all residential properties in Colorado?

Most residential rentals are covered once a tenant has lived there for 12 months. Narrow exemptions exist for owner-occupied properties of three or fewer units, mobile home owners renting space (who are governed by separate park protections), and employer-provided housing.

General information only, last updated 2026-10-11. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United States.