Section 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.Amended by 2024 Ch. 158,§ 8, eff. 5/3/2024, app. to actions related to violations of part 5 of article 12 of title 38 that are filed on or after the effective date.Amended by 2024 Ch. 113,§ 14, eff. 4/19/2024.Amended by 2023 Ch. 169,§ 7, eff. 5/12/2023.Amended by 2019 Ch. 229, § 8, eff. 8/2/2019.L. 2008: Entire part added, p. 1826, § 3, effective September 1.(1) Section 15 of chapter 158 (SB 24-094), Session Laws of Colorado 2024, provides that the act changing this section applies to actions related to violations of this part 5 that are filed on or after May 3, 2024.
(2) Amendments to subsection (1.5) by HB 24-1098 and SB 24-094 were harmonized.
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.