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2021 Colorado Code
Title 38 - Property - Real and Personal
Article 12 - Tenants and Landlords
Part 5 - Obligation to Maintain Residential Premises - Unlawful Removal
§ 38-12-509. Prohibition on Retaliation
Universal Citation: CO Code § 38-12-509 (2021)
- 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:
- 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
- Organizing or becoming a member of a tenants' association or similar organization.
- 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.
- 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.
- (Deleted by amendment, L. 2019.)
History. 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.
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