The bill enhances tenant and landlord rights in cases of unlawful detention of real property (eviction actions) by adding procedural protections and expanding the right to a trial by jury. Here are the key provisions:
Key Provisions:
Right to Trial by Jury:
Both the plaintiff (landlord) and defendant (tenant) have the right to a trial by jury in cases of unlawful detention of real property.
Service Requirements:
The bill requires at least three separate attempts at personal service on the defendant before proceeding with an unlawful detention case. An affidavit of service must be filed with the court to document these attempts.
Jury Demand and Trial Scheduling:
If a defendant demands a jury trial, they must do so according to the Colorado Rules of Civil Procedure or by filing a separate jury demand with their answer.
The trial date must be set no earlier than 10 days after the defendant files their answer.
The court has the discretion to continue the trial if a party demands a jury.
Remote Participation:
The court may allow any party, counsel, or witness to appear remotely by phone or video in a jury trial if it accommodates a disability or does not cause unreasonable delay.
Bond or Security for Delays:
If either party requests a trial delay of more than 14 days, the court may require the party requesting the delay to provide a bond or security to the opposite party if there is a substantial likelihood of serious economic harm from the delay.
If the party fails to make the payment, the court can reset the hearing or extend the compliance time, but cannot enter a default judgment against the non-compliant party. If the party is indigent, the court can waive or reduce the bond or allow partial payments.
Waiver of Jury Trial:
The bill removes the exemption that allowed landlords and tenants to waive the right to a jury trial in rental agreements for hearings determining possession of a dwelling unit.
This bill strengthens tenant protections by providing clear procedural rights, ensuring fairer access to jury trials, and preventing undue delays in eviction cases. It also makes it harder for landlords to force a waiver of the right to trial by jury, thus ensuring a fair process for tenants facing eviction.
Summary
The bill affords a plaintiff and defendant the right to trial by jury
in any action brought for unlawful detention of real property.
The bill requires at least one attempt on 3 separate days of personal
service on the defendant in an action for unlawful detention of real property. The bill requires an affidavit of service to be filed with the court.
The bill requires a defendant who demands a trial by jury to make
the demand in accordance with the Colorado rules of civil procedure or file a separate jury demand with the defendant's answer. The bill requires the court to set the date for trial no sooner than 10 days after the answer is filed. The bill authorizes the court to continue the trial if a party demands a trial by jury.
The bill authorizes the court to allow either party, counsel for
either party, and any witness to appear remotely by phone or video at a jury trial as an accommodation for a person with a disability or upon adequate assurances that the remote participation will not cause unreasonable delay.
If either party requests a delay in a trial longer than 14 days, the
bill authorizes the court, in the court's discretion upon a showing of a party's substantial likelihood of suffering serious economic harm, to require either party to give bond or other security to the opposite party for the sum that the party may be harmed due to the delay. The party required to make payment to the court must be given at least 7 days after the court's order to make the payment. If the party fails to make payment within the time required, the bill authorizes the court to extend the time for compliance or reset the hearing or trial for the next available date, but the court is prohibited from entering a default against the party. Upon a showing of indigency by the party required to make payment, the bill requires the court to waive or reduce the bond or other security, provide additional time to make payment, and permit the party to make multiple partial payments.
Current law prohibits a written rental agreement from including a
waiver of the right to a jury trial, except when the parties agree to a waiver of a jury in a hearing to determine possession of a dwelling unit. The bill removes this exemption.
