| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Colorado?
Colorado landlords aren’t allowed to raise rent, reduce services, threaten eviction, or intimidate, threaten, discriminate, or retaliate in any way against a tenant who takes one of the following protected actions:
- Complaining to the government or landlord about habitability, health, or safety violations.
- Participating in a tenant organization.
What Can Tenants Do in Response in Colorado?
Colorado tenants can respond to landlord retaliation by suing to end the rental agreement. The tenant also can recover three months’ rent or triple the expenses associated with the retaliation (whichever is greater), plus court costs and attorney fees.
Sources
- 1 Colo. Rev. Stat. § 38-12-509(1)(b) (2023)
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“Prohibited retaliation includes: (i) Increasing rent or decreasing services; (ii) Terminating a lease or contract without written consent of the tenant except as otherwise provided by law; (iii) Bringing or threatening to bring an action for possession; or (iv) Taking action that in any manner intimidates, threatens, discriminates, or retaliates against a tenant.”
Source Link - 2 Colo. Rev. Stat. § 38-12-509(1)(a) (2023)
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“A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant: (i) Having made a good faith complaint to the landlord or to a governmental agency alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant; or (ii) Organizing or becoming a member of a tenants’ association or similar organization. “
Source Link - 3 Colo. Rev. Stat. § 38-12-509(2) (2023)
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“If a landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant may terminate the rental agreement and recover an amount not more than three months’ periodic rent or three times the tenant’s actual damages, whichever is greater, plus reasonable attorney fees and costs.”
Source Link
