Cal. Civ. Code § 13-40-107.5
Termination of tenancy for substantial violation - definition - legislative declaration.
Operative Text
(1) The general assembly finds and declares that: (a) Violent and antisocial criminal acts are increasingly committed by persons who base their operations in rented homes, apartments, and commercial properties; (b) Such persons often lease such property from owners who are unaware of the dangerous nature of such persons until after the persons have taken possession of the property; (c) Under traditional landlord and tenant law, such persons may have established the technical, legal right to occupy the premises for a fixed term which continues long after they have demonstrated themselves unfit to coexist with their neighbors and co-tenants; furthermore, such persons often resist eviction as long as possible; (d) In certain cases it is necessary to curtail the technical, legal right of occupancy of such persons in order to protect the equal or greater rights of neighbors and co-tenants, the interests of property owners, the values of trust and community within neighborhoods, and the health, safety, and welfare of all the people of this state; (e) A tenant who experiences unlawful sexual behavior, stalking, domestic violence, or domestic abuse is not responsible for the acts of the responsible party, especially when the responsible party exercises control over the tenant, and the tenant must not be unfairly penalized or suffer the undue loss of housing due to the acts of the responsible party. (2) It is declared to be an implied term of every lease of real property in this state that the tenant shall not commit a substantial violation while in possession of the premises. (3) As used in this section, "substantial violation" means any act or series of acts by the tenant or any guest or invitee of the tenant that, when considered together: (a) Occurs on or near the premises and endangers the person or willfully and substantially endangers the property of the landlord, any co-tenant, or any person living on or near the premises; or (b) Occurs on or near the premises and constitutes a violent or drug-related felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S.; or (c) Occurs on the tenant's leased premises or the common areas, hallway, grounds, parking lot, or other area located in the same building or complex in which the tenant's leased premises are located and constitutes a criminal act in violation of federal or state law or local ordinance that: (I) Carries a potential sentence of incarceration of one hundred eighty days or more; and (II) Has been declared to be a public nuisance under state law or local ordinance based on a state statute. (4) (a) A tenancy may be terminated at any time on the basis of a substantial violation. The termination is effective three days after service of written notice to terminate tenancy. (b) The notice to terminate tenancy must describe the property, the particular date when the tenancy will terminate, and the grounds for termination. The notice must be signed by the landlord or by the landlord's agent or attorney. (5) (a) In any action for possession under this section, the landlord has the burden of proving the occurrence of a substantial violation by a preponderance of the evidence. (b) In any action for possession under this section, it shall be a defense that: (I) (Deleted by amendment, L. 2005, p. 402, § 2, effective July 1, 2005.) (II) The tenant did not know of, and could not reasonably have known of or prevented, the commission of a substantial violation by a guest or invitee but immediately notified a law enforcement officer of his or her knowledge of the substantial violation. (c) (I) A landlord does not have a basis for possession pursuant to this section if the tenant or lessee is the victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, which unlawful sexual behavior, stalking, domestic violence, or domestic abuse was the cause of, contributed to, or resulted in the alleged substantial violation and the unlawful sexual behavior, stalking, domestic violence, or domestic abuse has been documented pursuant to section 13-40-104 (4). (II) This subsection (5)(c) does not prevent a landlord from seeking possession against a tenant or lessee of the premises who is responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse that was the cause of, contributed to, or resulted in the alleged substantial violation.
Colo. Rev. Stat. § 13-40-107.5 establishes that every Colorado residential and commercial lease carries an implied obligation for tenants not to commit a 'substantial violation'—defined as certain violent, drug-related, or criminally serious acts occurring on or near the rented premises. When such a violation occurs, a landlord may end the tenancy with just three days' written notice rather than waiting out a fixed lease term. Importantly, tenants who are themselves victims of domestic violence, stalking, or unlawful sexual behavior that caused or contributed to the alleged violation are shielded from eviction under this provision.
Plain English — not legal advice.
Under § 13-40-107.5, Colorado landlords who believe a substantial violation has occurred may serve a written three-day notice to terminate, which must describe the property, the termination date, and the specific grounds. Compliant operators document the alleged violation carefully, because in any subsequent possession action the landlord bears the burden of proving the violation by a preponderance of the evidence. Landlords should also be aware that a tenant who is a victim-survivor of domestic violence, stalking, or unlawful sexual behavior connected to the alleged violation cannot be the target of a possession action under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-40-107.5 protects tenants who are victim-survivors of domestic violence, stalking, or unlawful sexual behavior: if those circumstances caused or contributed to an alleged substantial violation, a landlord has no basis for possession against that tenant under this provision. Tenants who receive a three-day termination notice may raise as a defense that they were unaware of and could not reasonably have prevented a guest's or invitee's conduct, provided they promptly notified law enforcement. Tenant-rights organizations or a local legal aid office can help individuals understand how this provision's defenses and protections may apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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