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Property Law and Real Estate

Journal

2007

University of Colorado Law School

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Full-Text Articles in Law

Colorado Hb 1061 And Advocating For The End Of Caveat Emptor In Residential Leases, David I. Blower Jan 2007

Colorado Hb 1061 And Advocating For The End Of Caveat Emptor In Residential Leases, David I. Blower

University of Colorado Law Review

In 2005, Governor Bill Owens vetoed House Bill 1061, which was an attempt by the Colorado legislature to enact some minimal protections for residential tenants. Governor Owens's veto was the latest chapter in Colorado's failure to provide residential-tenant protections. Although the vast majority of states have either judicially-implied or statutory tenant protections, Colorado has bucked the trend. First, in 1976, the Colorado Supreme Court refused to imply a warranty of habitability in residential leases, instead deferring to the legislature. Since then, in addition to Governor Owens's veto, the legislature has also failed to pass a residential warranty. Instead of maintaining …