House adopts bill restoring narrow right to jury trials in eviction cases

The Colorado House on April 30 approved House Bill 12‑35, restoring a limited right to a jury trial for tenants facing eviction in cases that raise a material issue of fact, the chamber’s sponsor said. The bill passed by a 33‑32 vote.

Supporters said the measure responds to a recent court ruling and narrows the circumstances in which a jury may be requested. Representative Woodrow moved the bill on third reading; Representative Woodrow and other sponsors later agreed to a third‑reading amendment that reduced a notice/service period from three days to two.

Why it matters: The bill clarifies whether the right to a jury in tenant proceedings exists under Colorado law and narrows it to disputes over “material issues of fact” — for example, habitability disputes — rather than routine nonpayment issues, sponsors said. Supporters argued that many renters lack lawyers and that a jury option offers parity with other civil cases.

During floor debate, Representative Mabry said the measure levels the field for low‑income tenants: “Why is the only group of people in the entire state of Colorado who do not have access to a jury trial the poorest people in our state when they are at risk of losing their homes?” she said, urging passage.

Assistant Majority Leader Bacon framed the bill as statutory clarification after an unclear court decision: “This bill is about saying that there is a right to jury trial,” Bacon said on the floor, adding that the statute narrows the right to disputes that concern material terms of a lease and habitability questions.

Opponents warned the change could slow eviction proceedings and burden small landlords. Representative DeGraff expressed concerns that layering additional procedural rights would increase costs and complexity for property owners.

Outcome and next steps: House Bill 12‑35 as amended passed the House on third reading, 33‑32. The bill will proceed to the Senate for consideration.

Context and limits: The House debate repeatedly distinguished between contract disputes and claims that raise factual questions of habitability or other material issues. Sponsors emphasized the bill does not create a blanket right to jury trial on routine rent nonpayment and includes carve‑outs for public housing providers and other narrow categories.

What to watch: Whether the Senate adopts the House amendments and whether the statutory language satisfies the Colorado courts in future disputes over the right to a jury in tenant proceedings.