Colorado § 38-12-905 - Violations - liability - notice required - exceptions - no exhaustion of remedies required.
Full text of Colorado Colorado Revised Statutes § 38-12-905 — Violations - liability - notice required - exceptions - no exhaustion of remedies required., with citation guidance and answers to common questions.
§ 38-12-905. Violations - liability - notice required - exceptions - no exhaustion of remedies required.
(1) Except as described in subsections (3) and (5) of this section, a landlord who violates any provision of this part 9 is liable to the prospective tenant aggrieved by the violation for two thousand five hundred dollars, plus court costs and reasonable attorney fees.
(2) A person who intends to file an action pursuant to subsection (1) of this section shall notify the landlord of such intention not less than seven calendar days before filing the action.
(3) A landlord who corrects or cures a violation of this part 9 not more than seven calendar days after receiving notice of the violation shall pay the prospective tenant aggrieved by the violation a penalty of fifty dollars but otherwise is not liable for damages as described in subsection (1) of this section.
(4) A person who purposefully and in bad faith brings a meritless claim against a landlord under this part 9 is liable for the landlord's court costs and reasonable attorney fees in defending the claim.
(5) (a) A landlord who violates section 38-12-904 (1)(c) or (1)(d) is subject to an initial penalty of fifty dollars, to be paid to the party aggrieved by the violation. A landlord who violates section 38-12-904 (1)(c) or (1)(d) and does not cure the violation pursuant to subsection (3) of this section is also subject to a statutory penalty of two thousand five hundred dollars, to be paid to the aggrieved party in addition to the initial penalty imposed under this subsection (5)(a) and any economic damages, court costs, and attorney fees.
(b) The relief provided in subsection (5)(a) of this section is an alternative to and in addition to any other relief authorized by law, and a person who seeks redress under this section is not required to exhaust administrative remedies.
Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 583, § 1, effective August 2. L. 2023: (1) and (3) amended, (HB 23-1099), ch. 151, p. 641, § 4, effective August 7; (1) amended and (5) added, (SB 23-184), ch. 402, p. 2413, § 3, effective August 7.
Editor's note: Amendments to subsection (1) by SB 23-184 and HB 23-1099 were harmonized.
PART 10
BED BUGS IN RESIDENTIAL PREMISES
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-12-905
What does Colorado Revised Statutes § 38-12-905 cover?
Section 38-12-905 ("Violations - liability - notice required - exceptions - no exhaustion of remedies required.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-12-905?
A common citation format is "Colorado Revised Statutes § 38-12-905" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-12-905 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.