Colorado § 38-12-509 - Prohibition on retaliation.

§ 38-12-509. Prohibition on retaliation.

(1) (a) 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, to a nonprofit organization or third party, 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;

(II) Organizing or becoming a member of a tenants' association or similar organization; or

(III) Exercising or attempting to exercise in good faith any right or remedy afforded to a tenant pursuant to section 38-12-507.

(b) Prohibited retaliation includes:

(I) Increasing rent or decreasing services;

(II) Terminating or not renewing a rental agreement or contract without written consent of the tenant;

(III) Bringing or threatening to bring an action for possession;

(IV) Taking action that in any manner intimidates, threatens, discriminates against, harasses, or retaliates against a tenant; or

(V) Charging the tenant or seeking to collect from the tenant any fee, cost, or penalty.

(1.5) A tenant may assert that the landlord retaliated against the tenant in violation of subsection (1) of this section as a defense to a landlord's action for possession, including a landlord's action for possession based on:

(a) A monetary or nonmonetary violation of the rental agreement;

(b) A notice to terminate tenancy or vacate;

(c) An expiration of the tenant's rental agreement; or

(d) The nonpayment of rent resulting from a retaliatory rent increase.

(1.7) To prove a claim or defense under this section, a tenant does not need to prove that retaliation was the sole reason a landlord engaged in any of the activities described in subsection (1)(b) of this section; a tenant need only demonstrate that the tenant's protected activity under subsection (1)(a) of this section was a motivating factor that influenced the landlord's decision to engage in any of the activities described in subsection (1)(b) of this section.

(2) If a landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant:

(a) Shall recover damages in 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; and

(b) May terminate the rental agreement.

(3) If a landlord elects to replace a malfunctioning appliance, but does so with a new appliance that is not identical to the appliance being replaced, there is a rebuttable presumption in favor of the landlord that the landlord's selection of a different appliance was not retaliatory so long as the replacement appliance provides substantially the same features as the original appliance.

(4) (Deleted by amendment, L. 2019.)

(5) Nothing in this section precludes a landlord from serving a tenant with a notice to terminate tenancy or a notice to vacate to the extent allowable under the law.

Source: L. 2008: Entire part added, p. 1826, § 3, effective September 1. L. 2019: Entire section amended, (HB 19-1170), ch. 229, p. 2313, § 8, effective August 2. L. 2023: (1) amended and (1.5) added, (HB 23-1254), ch. 169, p. 828, § 7, effective May 12. L. 2024: (1.5) amended, (HB 24-1098), ch. 113, p. 367, § 14, effective April 19; (1), (1.5), and (2) amended and (1.7) and (5) added, (SB 24-094), ch. 158, p. 726, § 8, effective May 3.

Editor's note: Amendments to subsection (1.5) by HB 24-1098 and SB 24-094 were harmonized.

Cross references: For the legislative declaration in HB 23-1254, see section 1 of chapter 169, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1098, see section 1 of chapter 113, Session Laws of Colorado 2024.