Mediation of Landlord-Tenant Evictions in Colorado

The landscape of landlord-tenant relations in Colorado has undergone significant changes in recent years, particularly regarding mediation laws. These developments aim to provide better dispute resolution mechanisms, particularly for tenants who are financially vulnerable.

Mandatory Mediation Before Eviction Initiatives

One of the most notable changes is the introduction of **mandatory mediation** before landlords can initiate eviction proceedings for certain tenants. Enacted through **House Bill 23-1120**, effective from June 6, 2023, this law mandates that landlords must engage in mediation with tenants who receive specific types of government cash assistance, such as Supplemental Security Income (SSI) or Colorado Works assistance.

Important Aspects of the Law

– **Eligibility Notification**: Tenants must provide **written notice** to landlords about their eligibility for mediation, informing them of their financial assistance status. Without this notice, the mediation requirement may not apply.

– **Landlord Compliance**: Landlords are required to participate in mediation unless they can demonstrate in court that the tenant failed to provide the necessary written notice.

Extended Stay Period Post-Mediation

In addition to mandatory mediation, the law also changes the eviction process by extending the stay on eviction **writs of restitution** to **30 days** from the issuance date for eligible tenants. This is a significant extension compared to the previous standard of 10 days, allowing more time for dispute resolution and helping to prevent sudden displacements of vulnerable tenants.

Exemptions from Mandatory Mediation

While the law primarily aims to protect tenants, it does carve out certain exceptions:

– **Non-Disclosure**: If a tenant does not disclose their eligibility for mediation in writing, landlords are not obliged to participate in the mediation process.

– **Small Landlords Exemption**: Nonprofit landlords or those managing five or fewer rental properties may be exempt from the mediation requirement, simplifying the process for small-scale landlords.

The Goal of These Developments

These legislative changes reflect a growing recognition of the need for effective dispute resolution mechanisms in rental housing. By making mediation mandatory, Colorado aims to reduce the number of eviction cases that escalate to court, providing both landlords and tenants an opportunity to reach a mutually beneficial resolution.

Conclusion

The implementation of mandatory mediation laws in Colorado represents a significant shift in landlord-tenant relations, prioritizing communication and resolution over conflict. It brings both obligations and opportunities for landlords to engage meaningfully with their tenants and navigate potential disputes effectively.

For landlords, it is crucial to remain informed about these changes and ensure compliance with the new mediation laws. Establishing a clear communication channel with tenants about their rights and obligations under these laws will play a fundamental role in fostering better relationships and minimizing disputes.