On September 3, 2024, Attorney General Phil Weiser filed a brief with the Colorado Supreme Court, asserting that the Colorado Consumer Protection Act, which prohibits “deceptive trade practices,” extends to lease agreements containing illegal provisions that misrepresent tenants' rights and obligations.
The brief supports a lawsuit brought by three tenants against Home Partners Holdings. The plaintiffs claim the property management company requires tenants to sign leases with provisions illegal under state housing laws, including charging unauthorized fees. They allege these form leases are used in numerous rental agreements across Colorado.
“Landlords who take advantage of renters by misrepresenting what is a lawful lease term are breaking the law,” said Weiser. “It is wrong for landlords to deceive hardworking Colorado renters and mislead them into paying fees they don’t lawfully owe. They are now on notice that if they do so, they will face consequences.”
Research from 2017 indicates that 65% of tenants who consulted their leases when facing landlord-tenant issues acted according to the lease's terms, regardless of their legality.
The brief emphasizes that tenants can challenge landlords using unlawful lease terms, which often cause confusion among renters. It notes that renters typically assume compliance with the law when landlords include legal fallback language in leases.
The lawsuit, Curran et al v. Home Partners Holdings LLC et al (case number 2023CV01279), was initially filed in May 2023.
Renters suspecting deceptive or illegal business practices by their landlords are encouraged to file complaints with the attorney general at StopFraudColorado.gov.