2020 Colorado Revised Statutes
Title 38 - Property - Real And Personal
Article 12. Tenants and Landlords
Section 38-12-509. Prohibition on retaliation.

(1) A landlord shall not retaliate against a tenant by increasing rent or decreasing services or by bringing or threatening to bring an action for possession in response to the tenant:

1. Having made a good faith complaint to the landlord or to a governmental agencyalleging 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

2. Organizing or becoming a member of a tenants' association or similar organization.

2. 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.

3. If a landlord elects to replace a malfunctioning appliance, but does so with a newappliance 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.)

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.

510. Unlawful removal or exclusion. It shall be unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with the provisions of article 18.5 of title 25, C.R.S., and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory or is with the mutual consent of the landlord and tenant or unless the dwelling unit has been abandoned by the tenant as evidenced by the return of keys, the substantial removal of the tenant's personal property, notice by the tenant, or the extended absence of the tenant while rent remains unpaid, any of which would cause a reasonable person to believe the tenant had permanently surrendered possession of the dwelling unit. Such unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance. If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law, including this part 5.

Source: L. 2008: Entire part added, p. 1826, § 3, effective September 1.

511. Application. (1) Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements:

1. Residence at a public or private institution, if such residence is incidental to detentionor the provision of medical, geriatric, education, counseling, religious, or similar service;

2. Occupancy under a contract of sale of a dwelling unit or the property of which it is apart, if the occupant is the purchaser, seller, or a person who succeeds to his or her interest;

3. Occupancy by a member of a fraternal or social organization in the portion of astructure operated for the benefit of the organization;

4. Transient occupancy in a hotel or motel that lasts less than thirty days;

5. Occupancy by an employee or independent contractor whose right to occupancy isconditional upon performance of services for an employer or contractor;

6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in acooperative;

7. Occupancy in a structure that is located within an unincorporated area of a county,does not receive water, heat, and sewer services from a public entity, and is rented for recreational purposes, such as a hunting cabin, yurt, hut, or other similar structure;

8. Occupancy under rental agreement covering a residential premises used by the occupant primarily for agricultural purposes; or

9. Any relationship between the owner of a mobile home park and the owner of a mobile home situated in the park.

(2) Nothing in this section shall be construed to limit remedies available elsewhere in law for a tenant to seek to maintain safe and sanitary housing.

Source: L. 2008: Entire part added, p. 1827, § 3, effective September 1.