Colorado Landlords and Jury Waiver

[Ryan Denman]

Hi All,

I'm reading through the latest version of the BP Residential Lease Form and it contains a clause that seems to say that a jury cannot hear a trial related to a dispute between landlord and tenant. Especially since the title of the clause says "jury waiver", this seems to be in violation of Prohibited Provisions in Residential Leases (CRS § 38-12-801).

28. Attorney’s Fees; Collection Related Costs; Jury Waiver. In any disputed court action where the court resolves the dispute and determines the prevailing party, the court shall also award to the prevailing party its reasonable attorneys’ fees and costs and the non-prevailing party shall be liable to the prevailing party for payment of any court awarded attorneys’ fees and costs. Landlord and Tenant agree that any action or proceeding in which Landlord is seeking possession of the Premises from Tenant, a trial shall be heard by a court sitting without a jury. If Landlord has filed an eviction due to Tenant’s Default or other breach, including breaching for non-payment of Rent, regardless of the outcome or disposition by the court, Tenant agrees, upon request, that the court shall make a determination who the prevailing party is in any eviction and whether any attorneys' fees and court costs sought by any party are reasonable. If for any reason the Court does not make such determination in any eviction lawsuit between the parties, Tenant and Landlord agree that a court in any subsequent action between Tenant and Landlord shall make that determination. Tenant covenants and agrees to pay interest at the maximum lawful rate or eighteen percent (18%) interest, whichever is less, compounded annually, on all unpaid Rent, damages, and other amounts owed by Tenant, excluding late fees, from that date of Landlord’s final accounting until such time Tenant pays all such outstanding amounts.

Who agrees?