First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 25-0412.01 Shelby Ross x4510
HOUSE BILL 25-1168
House Committees Senate Committees
Transportation, Housing & Local Government Judiciary
A BILL FOR AN ACT
C
ONCERNING HOUSING PROTECTIONS FOR VICTIM -SURVIVORS OF101
GENDER-BASED VIOLENCE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
As it relates to unlawful detention of real property, the bill expands
current exceptions for tenants who are victims of domestic violence to
include victims of unlawful sexual behavior, stalking, and domestic abuse
(victim-survivor).
If domestic violence or domestic abuse was the cause of an alleged
unlawful detention of real property, current law requires the tenant to
SENATE
Amended 2nd Reading
April 3, 2025
HOUSE
3rd Reading Unamended
March 5, 2025
HOUSE
Amended 2nd Reading
March 4, 2025
HOUSE SPONSORSHIP
Lindsay and Espenoza, Bacon, Bird, Boesenecker, Brown, Camacho, Clifford, Duran,
English, Froelich, Garcia, Jackson, Lukens, Mabrey, Phillips, Rutinel, Sirota, Stewart K.,
Stewart R., Story, Titone, Willford
SENATE SPONSORSHIP
Weissman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. document the domestic violence or domestic abuse through a police
report or a valid civil or emergency protection order (required
documentation). The bill expands the required documentation to include
a self-attestation affidavit or a letter signed by a qualified third party from
whom the tenant sought assistance. If a tenant has been alleged to have
committed unlawful detention of real property due to nonpayment or late
payment of rent and the tenant has provided the landlord with the required
documentation, the bill requires the landlord to offer the tenant a
repayment plan no later than 48 hours after serving a demand for unpaid
rent or no later than 48 hours after receiving the required documentation.
If a landlord has written or actual notice that a tenant is a
victim-survivor, the bill requires the landlord to perfect service only
through personal service to the tenant.
The bill requires court records related to unlawful detention of real
property to remain suppressed if a defendant asserts as a defense that the
defendant is a victim-survivor and provides the required documentation.
The bill makes changes to certain court procedures as the procedures
relate to victim-survivors.
If a tenant who is a victim-survivor terminates a lease and provides
the required documentation, the tenant is not liable for damage to the
dwelling unit caused by the responsible party or during the course of an
incident of unlawful sexual behavior, stalking, domestic violence, or
domestic abuse. The bill requires the tenant to pay no more than one
month's rent following vacation only if the landlord has incurred
economic damages as a direct result of the early termination and the
landlord has provided documentation of the economic damages to the
tenant within 30 days after termination of the agreement.
The bill prohibits a landlord from assigning a debt allegedly owed
by a tenant who is a victim-survivor to a third-party debt collector unless
the landlord complies with the requirement to provide the tenant with
documentation of the economic damages incurred by the landlord and
provides at least 90 days' written notice to the tenant.
If a tenant provides notice to the landlord that the tenant is a
victim-survivor and provides the required documentation, the bill
prohibits the landlord from preventing the tenant from changing the locks
and prohibits the landlord from imposing fees on, taking any adverse
action against, or otherwise retaliating against the tenant for changing the
locks or taking other reasonable safety precautions. The bill authorizes a
tenant to bring a civil action against a landlord for violating this
provision.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
1168-2- finds and declares that:1
(a) Subordination, misuse of power, and controlling behavior are2
common forms of gender-based violence. This abuse and violence can3
happen between intimate partners, family members, or outside a4
preexisting relationship and can include unlawful sexual behavior,5
stalking, domestic violence, and domestic abuse.6
(b) Gender-based violence is a leading cause of statewide housing7
instability. In 2023 in the Denver-metro area and throughout Colorado's8
54 rural and non-metro counties, approximately 11% of people9
experiencing homelessness reported fleeing domestic violence, and 1,26510
statewide reported being a victim-survivor of domestic violence.11
(c) Gender-based violence both imperils a victim-survivor's12
existing safe housing and exposes those victim-survivors who are13
experiencing housing instability to further abusive tactics.14
Victim-survivors are left to navigate housing insecurity in the immediate15
aftermath of violence in order to escape danger, often while they are16
isolated from support networks and services needed to locate and pay for17
stable housing and to protect their legal rights.18
(d) Safe and stable housing is essential to a victim-survivor's19
ability to leave an abusive relationship. Often, an abuser relies on20
coercive emotional, physical, and financial control to prevent a21
victim-survivor from leaving the shared home, or the abuser weaponizes22
knowledge of the victim-survivor's home address to continue the abuse.23
In addition to the physical benefits housing provides, a stable and24
independent home also contributes to a victim-survivor's sense of25
autonomy and psychological and emotional well-being.26
(e) Gender-based violence perpetuates cycles of poverty and27
1168
-3- imperils a victim-survivor's economic stability by endangering or1
preventing employment, decimating credit history, and depleting the2
victim-survivor's available money. Consequently, many victim-survivors3
in Colorado face eviction when the victim-survivor is unable to pay rent.4
(2) Therefore, the general assembly intends to preserve5
victim-survivors' due process rights, safety, and housing stability with6
laws that can be interpreted and construed broadly.7
SECTION 2. In Colorado Revised Statutes, 13-40-104, amend8
(4) and (5); add (6); and repeal (1)(j)(III) as follows:9
13-40-104. Unlawful detention defined - definitions - repeal.10
(1) A person has committed an unlawful detention of real property in the11
following cases:12
(j) (III) It shall not constitute a nuisance or disturbance for13
purposes of this subsection (1)(j) if a victim of domestic violence is being14
accused of causing a disturbance or nuisance as a direct result of being a15
victim of domestic violence. This exception applies only to victims of16
domestic violence and not to perpetrators.17
(4) (a) It shall not constitute IS NOT an unlawful detention of real18
property as described in paragraph (d.5), (e), or (e.5) of subsection (1)19
SUBSECTION (1)(d), (1)(d.5), (1)(e), (1)(e.5), OR (1)(j) of this section if the20
tenant or lessee is the victim of A VICTIM-SURVIVOR OF UNLAWFUL21
SEXUAL BEHAVIOR, STALKING, domestic violence, as that term is defined22
in section 18-6-800.3, C.R.S., or of domestic abuse, as that term is23
defined in section 13-14-101, (2), which UNLAWFUL SEXUAL BEHAVIOR ,24
STALKING, domestic violence, or domestic abuse was the cause of,25
CONTRIBUTED TO, or resulted in the alleged unlawful detention and which26
UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or domestic27
1168
-4- abuse has been documented by AT LEAST ONE OF the following:1
(I) A police report; or2
(II) A valid civil,
CRIMINAL, or emergency protection order OR3
RESTRAINING ORDER ISSUED PURSUANT TO ARTICLE 14 OR ARTICLE 14.54
OF TITLE 13 OR SECTION 18-1-1001;5
(III) A
SELF-ATTESTATION AFFIDAVIT THAT STATES THE TENANT6
IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,7
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND THAT THE INCIDENT OF8
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR9
DOMESTIC ABUSE IS THE CAUSE OF, CONTRIBUTED TO, OR RESULTED IN THE10
ALLEGED UNLAWFUL DETENTION OF REAL PROPERTY DESCRIBED IN11
SUBSECTION (1)(d), (1)(d.5), (1)(e), OR (1)(e.5) OF THIS SECTION. THE
12
SELF-ATTESTATION AFFIDAVIT MUST INCLUDE THE NAME OF THE PARTY13
WHO IS ALLEGEDLY RESPONSIBLE FOR THE UNLAWFUL SEXUAL BEHAVIOR ,14
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, IF THE NAME OF THE15
PARTY IS KNOWN AND IF THE TENANT DETERMINES IT IS SAFE TO PROVIDE .16
(IV) (A) A LETTER SIGNED BY A QUALIFIED THIRD PARTY ,17
INCLUDING, BUT NOT LIMITED TO, AN EMPLOYEE, AGENT, OR VOLUNTEER18
OF A VICTIM-SURVIVOR SERVICE PROVIDER , AN ATTORNEY, A SOCIAL19
WORKER, A MEDICAL PROFESSIONAL, A FAITH LEADER, OR A MENTAL20
HEALTH PROVIDER, AS DEFINED IN SECTION 38-12-401, FROM WHOM A21
TENANT HAS SOUGHT ASSISTANCE RELATING TO UNLAWFUL SEXUAL22
BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE. THE23
LETTER MUST STATE THAT THE QUALIFIED THIRD PARTY BELIEVES THAT24
THE INCIDENT OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC25
VIOLENCE, OR DOMESTIC ABUSE OCCURRED AND IS THE CAUSE OF ,26
CONTRIBUTED TO, OR RESULTED IN THE ALLEGED UNLAWFUL DETENTION27
1168
-5- DESCRIBED IN SUBSECTION (1)(d), (1)(d.5), (1)(e), OR (1)(e.5) OF THIS1
SECTION.2
(B) IF A LANDLORD RECEIVES DOCUMENTATION PURS UANT TO THIS3
SUBSECTION (4)(a) THAT CONTAINS CONFLICTING INFORMATION, THE4
LANDLORD MAY REQUIRE A TENANT TO SUBMIT A LETTER SIGNED BY A5
QUALIFIED THIRD-PARTY PURSUANT TO SUBSECTION (4)(a)(IV)(A) OF THIS6
SECTION.7
(b) A person is not guilty of an unlawful detention of real property8
pursuant to paragraph (a) of this subsection (4) SUBSECTION (4)(a) OF THIS9
SECTION, INCLUDING FOR NONPAYMENT OF RENT , IF THE TENANT AGREES10
TO AND REMAINS COMPLIANT WITH THE REQUIREMENTS DESCRIBED IN11
SUBSECTION (4)(e) OF THIS SECTION AND if the alleged violation of the12
rental or lease agreement is a result of WAS CAUSED BY OR RESULTED13
FROM UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or14
domestic abuse against the tenant or lessee.15
(c) A rental, lease, or other such agreement shall MUST not contain16
a waiver by the tenant or lessee of the protections provided in this17
subsection (4).18
(d) Nothing in This subsection (4) shall DOES NOT prevent the19
landlord from seeking judgment for possession against the tenant or20
lessee of the premises who perpetuated IS RESPONSIBLE FOR the21
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC violence, or22
DOMESTIC abuse that was the cause of, CONTRIBUTED TO, or resulted in23
the alleged unlawful detention
OF REAL PROPERTY.24
(e) (I) (A) I
F THE TENANT HAS BEEN ALLEGED TO HAVE25
COMMITTED UNLAWFUL DETENTION OF REAL PROPERTY DUE TO26
NONPAYMENT OR LATE PAYMENT OF RENT AND THE TENANT HAS27
1168
-6- PROVIDED DOCUMENTATION PURSUANT TO SUBSECTION (4)(a) OF THIS1
SECTION THAT THE TENANT IS A VICTIM-SURVIVOR, THE LANDLORD SHALL2
OFFER THE TENANT A REPAYMENT PLAN NO LATER THAN THREE BUSINESS3
DAYS AFTER SERVING A DEMAND FOR UNPAID RENT OR NO LATER THAN4
THREE BUSINESS DAYS AFTER RECEIVING THE DOCUMENTATION DESCRIBED5
IN SUBSECTION (4)(a) OF THIS SECTION, WHICHEVER IS LATER. WITHIN6
SEVEN DAYS AFTER RECEIPT OF THE REPAYMENT PLAN OFFERED BY THE7
LANDLORD, THE TENANT SHALL ACCEPT THE LANDLORD 'S REPAYMENT8
PLAN OR PROPOSE AN ALTERNATIVE REPAYMENT PLAN THAT CONFORMS9
WITH THE REQUIREMENTS OF THIS SUBSECTION (4)(e). IF THE TENANT10
ACCEPTS THE REPAYMENT PLAN AND EITHER PARTY NOTIFIES THE COURT11
BY MOTION, THE COURT MUST VACATE ANY PREVIOUS ORDER OF12
JUDGMENT. IF EITHER PARTY NOTIFIES A COURT THAT THE PARTIES HAVE13
AGREED UPON A REPAYMENT PLAN, THE COURT SHALL NOT ENTER AN14
ORDER OF JUDGMENT FOR POSSESSION OR FOR MONETARY DAMAGES15
DURING THE PENDENCY OF A REPAYMENT PLAN , EXCEPT AS PROVIDED IN16
SUBSECTION (4)(e)(I)(B) OF THIS SECTION. A LANDLORD'S FAILURE TO17
OFFER A REPAYMENT PLAN PURSUANT TO THIS SUBSECTION (4)(e)(I)(A) IS18
AN AFFIRMATIVE DEFENSE TO AN ACTION FOR UNLAWFUL DETAINER . A19
TENANT'S FAILURE TO ACCEPT THE LANDLORD 'S REPAYMENT PLAN OR20
FAILURE TO PROPOSE AN ALTERNATIVE REPAYMENT PLAN WITHIN SEVEN21
DAYS AFTER RECEIPT OF THE LANDLORD 'S REPAYMENT PLAN IS A WAIVER22
OF THE AFFIRMATIVE DEFENSE . THE REPAYMENT PLAN MUST BE23
STRUCTURED AT THE TENANT 'S DISCRETION AND MUST INCLUDE , AT A24
MINIMUM, A REQUIREMENT THAT THE TENANT PAY THE FULL REPAYMENT25
OF ALL LAWFULLY OWED RENT AND MAKE PAYMENTS ON A MONTHLY26
BASIS, AND THE REPAYMENT PLAN MUST INCLUDE THE AMOUNT THAT27
1168
-7- MUST BE PAID ON A MONTHLY BASIS , WHICH MUST BE AT LEAST1
TWENTY-FIVE DOLLARS PER MONTH. THE REPAYMENT PLAN MUST NOT2
EXCEED NINE MONTHS FROM THE DATE THE PLAN IS ESTABLISHED .3
(B) T
HE TENANT SHALL MAKE PAYMENTS ACCORDING TO THE4
REPAYMENT PLAN SCHEDULE . ANY PAYMENT MADE MORE THAN TEN
DAYS5
AFTER THE DATE AGREED UPON FOR EACH PAYMENT INSTALLMENT IS6
UNTIMELY. IF A TENANT FAILS TO MAKE A PAYMENT OR MAKES THREE OR7
MORE UNTIMELY PAYMENTS , THE LANDLORD MAY SERVE , NO SOONER8
THAN SEVEN DAYS AFTER THE PAYMENT IS UNTIMELY OR IS NOT MADE ,9
THE TENANT WITH A NOTICE OF DEFAULT DEMANDING PAYMENT OF ALL10
RENT THAT REMAINS LAWFULLY OWED A PAYMENT THAT IS NOT MADE11
BEFORE THE NEXT MONTHLY PAYMENT IS DUE CONSTITUTES A FAILURE TO12
MAKE A PAYMENT. IF THE TENANT FAILS TO MAKE THE PAYMENT OF ALL13
REMAINING RENT WITHIN SEVEN DAYS, THE LANDLORD MAY FILE A MOTION14
FOR JUDGMENT FOR POSSESSION . IN AN ACTION FOR JUDGMENT FOR15
POSSESSION, THE TENANT MAY ASSERT ANY AVAILABLE DEFENSES FOR16
NONPAYMENT OF RENT THAT MAY BE APPLICABLE .17
(C) A
LANDLORD SHALL NOT CHARGE A TENANT ANY FEES ,18
INTEREST, OR PENALTIES ASSOCIATED WITH A REPAYMENT PLAN .19
(II) I
F A TENANT HAS SATISFIED THE DOCUMENTATION20
REQUIREMENTS DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION AND21
THE TENANT RELINQUISHES POSSESSION OF THE PROPERTY , THE TENANT IS22
ENTITLED TO REPAY ANY LAWFULLY OWED RENT AND IS ENTITLED TO ANY23
OTHER PROTECTIONS AVAILABLE PURSUANT TO SUBSECTION (4)(e)(I) OF24
THIS SECTION, AND THE LANDLORD SHALL NOT PURSUE A CLAIM FOR25
MONETARY DAMAGES UNLESS THE TENANT HAS FAILED TO COMPLY WITH26
THE TERMS OF THE REPAYMENT PLAN .27
1168
-8- (5) As used in this section, unless the context otherwise requires:1
(a) "D
OMESTIC ABUSE" HAS THE SAME MEANING AS SET FORTH IN2
SECTION 38-12-401.3
(b) "D
OMESTIC VIOLENCE" HAS THE SAME MEANING AS SET FORTH4
IN SECTION 38-12-401.5
(a)
(c) "Employer-provided housing agreement" means a6
residential tenancy agreement between an employee and an employer7
when the employer or an affiliate of the employer acts as a landlord.8
(b) (d) "Exempt residential agreement" means a residential9
agreement leasing a single family home by a landlord who owns five or10
fewer single family rental homes and who provides notice in the11
agreement that a ten-day notice period required pursuant to this section12
does not apply to the tenancy entered into pursuant to the agreement.13
(e) "S
TALKING" HAS THE SAME MEANING AS SET FORTH IN SECTION14
38-12-401.15
(f) "U
NLAWFUL SEXUAL BEHAVIOR " HAS THE SAME MEANING AS16
SET FORTH IN SECTION 38-12-401.17
(g) "V
ICTIM-SURVIVOR" HAS THE SAME MEANING AS SET FORTH IN18
SECTION 38-12-401.19
(6) (a) IF THE PROVISIONS OF HOUSE BILL 25-1168 ENACTED IN20
2025 REQUIRE THE JUDICIAL DEPARTMENT TO MAKE CHANGES TO ANY21
FORMS, THE JUDICIAL DEPARTMENT SHALL COMPLETE THE CHANGES TO22
FORMS AND HAVE THE NEW FORMS AVAILABLE NO LATER THAN AUGUST,23
6, 2025.24
(b) THIS SUBSECTION (6) REPEALS, EFFECTIVE JULY 1, 2026.25
SECTION 3. In Colorado Revised Statutes, 13-40-106, add (4)26
as follows:27
1168
-9- 13-40-106. Written demand. (4) I F THE DEMAND OR NOTICE1
REQUIRED BY SECTION 13-40-104 OR 38-12-1303 INCLUDES A DEMAND2
FOR UNPAID RENT, THE DEMAND OR NOTICE MUST INCLUDE A STATEMENT3
THAT IF THE TENANT HAS EXPERIENCED UNLAWFUL SEXUAL BEHAVIOR ,4
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE THAT HAS CAUSED5
THE TENANT TO MISS A RENT PAYMENT , THE TENANT MAY PROVIDE THE6
LANDLORD WITH DOCUMENTATION OF THE UNLAWFUL SE XUAL BEHAVIOR ,7
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND IS ENTITLED TO8
A REPAYMENT PLAN THAT ALLOWS THE TENANT TO REPAY THE UNPAID9
RENT OVER A PERIOD OF TIME NOT TO EXCEED NINE MONTHS.10
SECTION 4. In Colorado Revised Statutes, 13-40-107.5, amend11
(5)(c); and add (1)(e) as follows:12
13-40-107.5. Termination of tenancy for substantial violation13
- definition - legislative declaration. (1) The general assembly finds and14
declares that:15
(e) A
TENANT WHO EXPERIENCES UNLAWFUL SEXUAL BEHAVIOR ,16
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE IS NOT RESPONSIBLE17
FOR THE ACTS OF THE RESPONSIBLE PARTY , ESPECIALLY WHEN THE18
RESPONSIBLE PARTY EXERCISES CONTROL OVER THE TENANT , AND THE19
TENANT MUST NOT BE UNFAIRLY PENALIZED OR SUFFER THE UNDUE LOSS20
OF HOUSING DUE TO THE ACTS OF THE RESPONSIBLE PARTY .21
(5) (c) (I) The
A landlord shall DOES not have a basis for22
possession under PURSUANT TO this section if the tenant or lessee is the23
victim VICTIM-SURVIVOR of UNLAWFUL SEXUAL BE HAVIOR , STALKING,24
domestic violence, as that term is defined in section 18-6-800.3, C.R.S.,25
or of domestic abuse, as that term is defined in section 13-14-101 (2),26
which
UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic violence, or27
1168
-10- domestic abuse was the cause of, CONTRIBUTED TO, or resulted in the1
alleged substantial violation and which THE UNLAWFUL SEXUAL2
BEHAVIOR, STALKING, domestic violence, or domestic abuse has been3
documented pursuant to the provisions set forth in section 13-40-104 (4).4
(II) Nothing in this paragraph (c) shall THIS SUBSECTION (5)(c)5
DOES NOT prevent the A landlord from seeking possession against a tenant6
or lessee of the premises who perpetuated IS RESPONSIBLE FOR the7
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC violence, or8
DOMESTIC abuse that was the cause of, CONTRIBUTED TO, or resulted in9
the alleged substantial violation.10
SECTION 5. In Colorado Revised Statutes, amend 13-40-108 as11
follows:12
13-40-108. Service of notice to vacate or demand. (1) E
XCEPT13
AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, a written notice to14
vacate or demand as required by section 13-40-104, 38-12-202,15
38-12-204, or 38-12-1303 may be served by delivering a copy of the16
notice to a known tenant occupying the premises, or by leaving such
THE17
copy with some A person OR a member of the tenant's family above the18
age of fifteen years WHO IS OLDER THAN FIFTEEN YEARS OF AGE, residing19
on or in charge of the premises, or, in case no one is on the premises after20
attempts at personal service at least once on two separate days, by posting21
the copy in some A conspicuous place on the premises.22
(2) I
F A TENANT PROVIDES THE LANDLORD WITH WRITTEN OR23
ACTUAL NOTICE THAT THE TENANT IS A VICTIM -SURVIVOR OF UNLAWFUL24
SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,25
THE LANDLORD SHALL MAKE ALL REASONABLE EFFORTS TO
PERFECT26
SERVICE DESCRIBED IN SUBSECTION (1) OF THIS SECTION THROUGH27
1168
-11- PERSONAL SERVICE TO THE TENANT WHO PROVIDED THE WRITTEN OR1
ACTUAL NOTICE. IF PERSONAL SERVICE CANNOT BE PERFECTED AFTER2
THREE ATTEMPTS, THE LANDLORD SHALL PERFECT SERVICE BY POSTING A3
COPY OF THE NOTICE IN A CONSPICUOUS PLACE ON THE PREMISES AND BY4
SERVING THE NOTICE TO THE TENANT THR OUGH CERTIFIED MAIL OR5
THROUGH ANY COMMERCIAL MAIL COURIER , PROVIDED THE NOTICE6
INCLUDES A RECEIPT OR OTHER DOCUMENTATION DEMONSTRATING PROOF7
OF DELIVERY.8
SECTION 6. In Colorado Revised Statutes, 13-40-110, add (3.5)9
as follows:10
13-40-110. Action - how commenced - report. (3.5) IF THE11
TENANT PROVIDES WRITTEN OR ACTUAL NOTICE TO THE LANDLORD THAT12
THE TENANT IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR,13
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE, AND THE TENANT14
CONSENTS TO THE LANDLORD SHARING THE INFORMATION WITH THE15
COURT, THE LANDLORD SHALL DISCLOSE THE INFORMATION ON THE16
COMPLAINT OR WITH THE RETURN OF SERVICE FILED WITH THE COURT .17
SECTION 7. In Colorado Revised Statutes, 13-40-110.5, amend18
(3) as follows:19
13-40-110.5. Automatic suppression of court records -20
definition. (3) (a) E
XCEPT AS PROVIDED IN
SUBSECTION (3)(b) OF THIS21
SECTION, when an order granting the plaintiff possession of the premises22
is entered in an action to which this section applies, the record is no23
longer a suppressed court record and the court shall make the record24
available to the public unless the parties to the action agree that the record25
should remain suppressed. If the parties agree that the record should26
remain suppressed, the record remains a suppressed court record.27
1168
-12- 1
(b) A DEFENDANT WHO IS A VICTIM -SURVIVOR PURSUANT TO2
SECTION 13-40-104 MAY FILE A MOTION OR PETITION TO SUPPRESS A3
COURT RECORD RELATED TO AN ACTION FOR POSSESSION OR TO MAINTAIN4
A RECORD AS SUPPRESSED IF THE RECORD IS CURRENTLY SUPPRESSED ,5
INCLUDING A RECORD THAT PREDATES THE EFFECTIVE DATE OF THIS6
SECTION. UPON RECEIVING A MOTION OR PETITION TO SUPPRESS , THE7
COURT SHALL SUPPRESS, OR CONTINUE TO SUPPRESS, ANY RELATED8
RECORDS, INCLUDING A JUDGMENT FOR POSSESSION IF ONE IS ENTERED, IF9
A TENANT PROVIDES ONE OR MORE OF THE DOCUMENTS DESCRIBED IN10
SECTION 13-40-104 (4)(a) AND ASSERTS THAT PUBLIC ACCESS TO THE11
RECORDS POSES A RISK TO THE DEFENDANT 'S SAFETY OR THE SAFETY OF A12
FAMILY MEMBER OF THE DEFENDANT 'S HOUSEHOLD.13
SECTION 8. In Colorado Revised Statutes, 13-40-111, amend14
(6)(b); and add (6)(d) and (6)(e) as follows:15
13-40-111. Issuance and return of summons. (6) A summons16
issued pursuant to this section must also contain:17
(b) A form that allows either party to request all documents in the18
landlord's and tenant's possession relevant to the current action; and19
(d) A
STATEMENT, IN BOLD-FACED TYPE, THAT INFORMS THE20
DEFENDANT THAT IF THE DEFENDANT HAS EXPERIENCED UNLAWFUL21
SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE22
THAT WAS THE CAUSE OF, CONTRIBUTED TO, OR RESULTED IN AN ALLEGED23
LEASE VIOLATION THAT IS THE SUBJECT OF THE ACTION FOR POSSESSION ,24
A DEFENSE MAY EXIST AND THE TENANT MAY BE ENTITLED TO A25
REPAYMENT PLAN PURSUANT TO SECTION 13-40-104 (4)(e) FOR ANY RENT26
THAT REMAINS LAWFULLY OWED ; AND27
1168
-13- (e) INFORMATION ABOUT HOW TO ENROLL IN THE ADDRESS1
CONFIDENTIALITY PROGRAM PURSUANT TO PART 21 OF ARTICLE 30 OF2
TITLE 24.3
SECTION 9. In Colorado Revised Statutes, 13-40-112, amend4
(1) and (2) as follows:5
13-40-112. Service. (1) Such A summons may be served by6
personal service as in any civil action. A copy of the complaint must be7
served with the summons. I
F A DEFENDANT PROVIDES THE PLAINTIFF WITH8
WRITTEN OR ACTUAL NOTICE THAT THE DEFENDANT IS A VICTIM -SURVIVOR9
OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR10
DOMESTIC ABUSE, THE PLAINTIFF SHALL ONLY PERFECT SERVICE THROUGH11
PERSONAL SERVICE TO THE DEFENDANT WHO PROVIDED THE WRITTEN OR12
ACTUAL NOTICE.13
(2) E
XCEPT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION, if14
personal service cannot be had
MADE upon the defendant by a person15
qualified under the Colorado rules of civil procedure to serve process,16
after having made diligent effort to make such THE personal service, such17
THE person may make service by posting a copy of the summons and the18
complaint in some conspicuous place upon the premises. In addition,19
thereto, the plaintiff shall mail, no later than the next business day20
following the day on which he or she THE PLAINTIFF files the complaint,21
a copy of the summons, or, in the event that an alias summons is issued,22
a copy of the alias summons, and a copy of the complaint to the defendant23
at the premises by postage prepaid, first-class mail.24
SECTION 10. In Colorado Revised Statutes, 13-40-113, amend25
(1), (2), and (4)(a); and add (4)(a.5) as follows:26
13-40-113. Answer of defendant - additional and amended27
1168
-14- pleadings. (1) (a) The defendant shall file with the court, at or before the1
day specified for the defendant's appearance in the summons, an answer2
in writing. The defendant's answer must set forth the grounds on which3
the defendant bases the defendant's claim for possession, admitting or4
denying all of the material allegations of the complaint, and presenting5
every defense which THAT then exists and upon which the defendant6
intends to rely, either by including the same in the defendant's answer or7
by simultaneously filing motions setting forth every such EACH defense.8
(b) I
F THE DEFENDANT ASSERTS BY MOTION THAT THE DEFENDANT9
DID NOT TIMELY FILE AN ANSWER IN WRITING BECAUSE THE DEFENDANT10
IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,11
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND DID NOT RECEIVE OR HAVE12
A REASONABLE OPPORTUNITY TO REVIEW THE SUMMONS AND COMPLAINT13
OR THE DEFENDANT WAS OTHERWISE UNABLE TO APPEAR , THE COURT14
SHALL RELIEVE THE DEFENDANT FROM FINAL JUDGMENT AND VACATE ANY15
JUDGMENT OR WRIT OF RESTITUTION THAT MAY HAVE BEEN ISSUED AND16
PROVIDE THE DEFENDANT WITH A REASONABLE AMOUNT OF TIME , NO LESS17
THAN SEVEN DAYS, TO SUBMIT AN ANSWER TO THE COMPLAINT .18
(2) The court for good cause may permit the filing of additional19
and amended pleadings if it will not result in a delay prejudicial to the20
defendant. I
F THE DEFENDANT ASSERTS A DEFENSE DESCRIBED IN SECTION21
13-40-104 (4)(a),
THE COURT SHALL PERMIT THE FILING OF ADDITIONAL22
AND AMENDED PLEADINGS .23
(4) After an answer is provided to the court pursuant to this24
section:25
(a) The court shall set a date for trial no sooner than seven
DAYS,26
but not more than ten days, after the answer is filed, unless the defendant27
1168
-15- requests a waiver of this THE requirement in the defendant's answer or1
after filing an answer; except that a court may extend beyond ten days if2
either party demonstrates good cause for an extension, if the court3
otherwise finds justification for the extension, or if a party participating4
remotely pursuant to section 13-40-113.5 was disconnected and unable5
to reestablish connection. The requirement set forth in this subsection6
(4)(a) does not apply to a forcible entry and detainer petition that alleges7
a substantial violation, as defined in section 13-40-107.5 (3), or8
terminates a tenancy pursuant to section 38-12-203 (1)(f),
UNLESS THE9
ALLEGED SUBSTANTIAL VIOLATION OR TERMINATION OF TENANCY IS A10
RESULT OF UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC11
VIOLENCE, OR DOMESTIC
ABUSE, PROVIDED THAT THE COURT HAS BEEN12
MADE AWARE THAT THE TENANT IS A VICTIM -SURVIVOR.13
(a.5) I
F A DEFENDANT IN AN ACTION FILED PURSUANT TO THIS14
ARTICLE 40 ASSERTS A DEFENSE DESCRIBED IN SECTION 13-40-104 (4)(a)15
AND REQUESTS AN EXTENSION OF A SCHEDULED TRIAL DATE , THE COURT16
SHALL FIND GOOD CAUSE EXISTS TO EXTEND THE TRIAL DATE BEYOND TEN17
DAYS AFTER THE ANSWER IS FILED AND SHALL MAKE ALL REASONABLE18
EFFORTS TO SCHEDULE THE TRIAL DATE TO ACCOMMODATE ANY SAFETY19
CONCERNS RAISED BY THE DEFENDANT REQUESTING THE EXTENSION .20
SECTION
11. In Colorado Revised Statutes, 13-40-115, amend21
(4) introductory portion as follows:22
13-40-115. Judgment - writ of restitution - cure period. (4) A23
landlord who provides a tenant with proper notice of nonpayment shall24
accept payment of the tenant's full payment of all amounts
LAWFULLY due25
according to the notice, as well as any rent that remains due under the26
rental agreement
OR THAT REMAINS DUE PURSUANT TO A REPAYMENT27
1168
-16- PLAN ESTABLISHED PURSUANT TO SECTION 13-40-104 (4)(e), at any time1
until a judge issues a judgment for possession pursuant to subsection (1)2
or (2) of this section. A tenant may pay this amount to either the landlord3
or to the court. Once a court has confirmation that the full amount has4
been timely paid, the court shall:5
SECTION 12. In Colorado Revised Statutes, 13-40-122, amend6
(1)(a) introductory portion; and add (1)(a.5) as follows:7
13-40-122. Writ of restitution after judgment - definitions.8
(1) (a) E
XCEPT AS PROVIDED IN SUBSECTION (1)(a.5) OF THIS SECTION, a9
court shall not issue a writ of restitution upon any judgment entered in10
any action pursuant to this article 40 until forty-eight hours after the time11
of the entry of the judgment. If the writ of restitution concerns a12
residential tenant who receives supplemental security income, social13
security disability insurance under Title II of the federal "Social Security14
Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through15
the Colorado works program created in part 7 of article 2 of title 26, the16
writ must specify that the writ is not executable for thirty days after entry17
of judgment pursuant to subsection (1)(b) of this section; except in the18
case:19
(a.5) I
F THE WRIT OF RESTITUTION CONCERNS A RESIDENTIAL20
TENANT WHO ASSERTS A DEFENSE PURSUANT TO SECTION 13-40-104 (4)(a)21
AND PROVIDES THE REQUIRED DOCUMENTATION ,
ANY FILING SUBMITTED22
BY THE PLAINTIFF THAT REQUESTS A WRIT MUST INCLUDE A STATEMENT23
THAT IDENTIFIES THE DEFENDANT AS A VICTIM-SURVIVOR OF UNLAWFUL24
SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE,25
AND A STATEMENT SPECIFYING THAT THE WRIT IS NOT EXECUTABLE FOR26
THIRTY DAYS AFTER ENTRY. IF THE WRIT OF RESTITUTION IS GRANTED BY27
1168
-17- THE COURT, THE WRIT MUST NOT BE EXECUTABLE FOR THIRTY DAYS AFTER1
ENTRY OF JUDGMENT AND MUST BE EXECUTED BY THE OFFICER IN THE2
DAYTIME BETWEEN SUNRISE AND SUNSET .3
SECTION 13. In Colorado Revised Statutes, 38-12-103, amend4
(1) as follows:5
38-12-103. Return of security deposit. (1) A landlord shall,6
within one month after the termination of a lease or surrender and7
acceptance of the premises, whichever occurs last, return to the tenant the8
full security deposit deposited with the landlord by the tenant, unless the9
lease agreement specifies a longer period of time, but not to exceed sixty10
days. No A LANDLORD SHALL NOT RETAIN THE security deposit shall be11
retained to cover normal wear and tear. IF A TENANT TERMINATES THE12
LEASE PURSUANT TO SECTION 38-12-402 (2)(a) AND PROVIDES THE13
DOCUMENTATION REQUIRED PURSUANT TO SECTION 38-12-402 (2)(a.5),14
THE TENANT IS NOT LIABLE FOR DAMAGE TO THE DWELLING UNIT CAUSED15
BY THE RESPONSIBLE PARTY OR DURING THE COURSE OF AN INCIDENT OF16
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR17
DOMESTIC ABUSE, AND ANY AMOUNT OF MONEY THAT THE LANDLORD18
RETAINS FROM THE SECURITY DEPOSIT MUST COMPLY WITH SECTION19
38-12-402 (2)(b). In the event that actual cause exists for retaining any20
portion of the security deposit, the landlord shall provide the tenant with21
a written statement listing the exact reasons for the retention of any22
portion of the security deposit. When the statement is delivered, it shall23
MUST be accompanied by payment of the difference between any sum24
deposited and the amount retained. The A landlord is deemed to have25
complied with this section by mailing said THE statement and any26
payment required to the last-known address of the tenant. Nothing in This27
1168
-18- section shall DOES NOT preclude the A landlord from retaining the security1
deposit for nonpayment of rent, abandonment of the premises, or2
nonpayment of utility charges, repair work, or cleaning contracted for by3
the tenant.4
SECTION 14. In Colorado Revised Statutes, 38-12-401, amend5
(3), (4), and (6); and add (4.5), (5.5), (7), and (8) as follows:6
38-12-401. Definitions. As used in this part 4, unless the context7
otherwise requires:8
(3) "Domestic violence" has the same meaning as provided MEANS9
THE CONDUCT DESCRIBED in section 18-6-800.3 (1) OR ANY CONDUCT10
DESCRIBED IN SECTION 13-14-101 (2.1).11
(4) "Medical professional" means a person licensed to practice12
medicine pursuant to article 240 of title 12, or
A PERSON LICENSED AND IN13
GOOD STANDING TO PRACTICE MEDICINE IN ANOTHER STATE , OR A PERSON14
LICENSED to practice nursing or as a certified midwife pursuant to part 115
of article 255 of title 12
OR IN ANOTHER STATE.16
(4.5) "M
ENTAL HEALTH PROVIDER" MEANS AN EMPLOYEE, AGENT,17
OR VOLUNTEER OF A VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY,18
A MEDICAL PROFESSIONAL, A MENTAL HEALTH PROFESSIONAL LICENSED OR19
CERTIFIED PURSUANT TO ARTICLE 245 OF TITLE 12, A PEER SUPPORT20
SPECIALIST, AS DEFINED IN SECTION 27-60-108, OR A MENTAL HEALTH21
HOSPITAL, BEHAVIORAL HEALTH ENTITY, CLINIC, OR INSTITUTION.22
(5.5) "T
ENANT" HAS THE SAME MEANING AS SET FORTH IN SECTION23
38-12-502
AND INCLUDES "HOME OWNERS", AS DEFINED IN SECTION24
38-12-201.5.25
(6) "Unlawful sexual behavior" means the criminal offense
26
described OFFENSES LISTED in section 16-22-102 (9) OR ANY CONDUCT27
1168
-19- DESCRIBED IN SECTION 13-14-101 (2.9).1
(7) "V
ICTIM-SURVIVOR" MEANS A RESIDENTIAL TENANT WHO HAS2
PROVIDED DOCUMENTATION REQUIRED PURSUANT TO SECTION 38-12-4023
(2)(a.5).4
(8) "V
ICTIM-SURVIVOR SERVICE PROVIDER " MEANS AN5
ORGANIZATION OR INDIVI DUAL THAT PROVIDES SERVICES TO6
VICTIM-SURVIVORS OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,7
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE , INCLUDING VICTIM'S8
ADVOCATES AS DESCRIBED IN SECTION 13-90-107 (1)(k)(II).9
SECTION
15. In Colorado Revised Statutes, amend 38-12-40210
as follows:11
38-12-402. Protection for victim-survivors of unlawful sexual12
behavior, stalking, domestic violence, or domestic abuse. (1) A13
landlord shall not include in a residential rental agreement or lease14
agreement for housing a provision authorizing the landlord to terminate15
the agreement, or to impose a penalty on
OR TAKE ANY ADVERSE ACTION16
AGAINST a residential
tenant, for calls made by the residential tenant for17
peace officer assistance or other emergency assistance in response to a18
situation involving
UNLAWFUL SEXUAL BEHAVIOR , STALKING, domestic19
violence,
OR domestic abuse. unlawful sexual behavior, or stalking. A
20
residential tenant may not waive A RESIDENTIAL RENTAL AGREEMENT ,21
LEASE AGREEMENT, OR OTHER AGREEMENT MUST NOT CONTAIN A WAIVER22
OF the residential tenant's right to call for police or other emergency23
assistance.24
(2) (a) If a tenant to a residential rental agreement or lease25
agreement,
OR A QUALIFIED THIRD PARTY DESCRIBED IN SUBSECTION26
(2)(a.5)(I)(B)
OF THIS SECTION, notifies the landlord in writing that he or
27
1168
-20- she THE TENANT is the victim VICTIM-SURVIVOR of unlawful sexual1
behavior, stalking, domestic violence, or domestic abuse and provides to2
the landlord evidence of unlawful sexual behavior, stalking, domestic3
violence, or domestic abuse victimization as described in subsection4
(2)(a.5) of this section, and the residential tenant seeks INTENDS to vacate5
the premises due to fear of imminent danger for self or children because6
of the unlawful sexual behavior, stalking, domestic violence, or domestic7
abuse, then the residential tenant may terminate the residential rental8
agreement or lease agreement and vacate the premises without further9
obligation except as otherwise provided in subsection (2)(b) of this10
section.11
(a.5) (I) For the purposes of subsection (2)(a) of this section,12
(I) to provide evidence that he or she THE TENANT is a victim13
VICTIM-SURVIVOR of unlawful sexual behavior, STALKING, domestic14
violence, or domestic abuse, a tenant may provide to his or her THE15
landlord a police report written within the prior sixty days, a valid16
protection order, or a written statement from a medical professional or17
application assistant who has examined or consulted with the victim,18
which written statement confirms such fact; and19
(II) To provide evidence that he or she is a victim of stalking, a20
tenant may provide to his or her landlord a police report written within the21
prior sixty days, a valid protection order, or a written statement from an22
application assistant who has consulted with the victim, which written23
statement confirms such fact AT LEAST ONE OF THE FOLLOWING:24
(A) A
SELF-ATTESTATION AFFIDAVIT THAT STATES THE TENANT IS25
A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR , STALKING,26
DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND THAT THE INCIDENT OF27
1168
-21- UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR1
DOMESTIC ABUSE IS THE CAUSE OF, OR CONTRIBUTED TO, TERMINATION OF2
THE RESIDENTIAL TENANCY. IF A LANDLORD RECEIVES DOCUMENTATION3
PURSUANT TO THIS SUBSECTION (2)(a.5)(I) THAT CONTAINS CONFLICTING4
INFORMATION, THE LANDLORD MAY REQUIRE A TENANT TO SUBMIT A5
LETTER SIGNED BY A QUALIFIED THIRD-PARTY PURSUANT TO THIS6
SUBSECTION (2)(a.5)(I)(B). THE SELF-ATTESTATION AFFIDAVIT MUST7
INCLUDE THE NAME OF THE PARTY WHO IS ALLEGEDLY RESPONSIBLE FOR8
THE UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR9
DOMESTIC ABUSE, IF THE NAME OF THE PARTY IS KNOWN AND IF THE10
TENANT DETERMINES IT IS SAFE TO PROVIDE.11
(B) A
LETTER SIGNED BY A QUALIFIED THIRD PARTY , INCLUDING,12
BUT NOT LIMITED TO, AN EMPLOYEE, AGENT, OR VOLUNTEER OF A13
VICTIM-SURVIVOR SERVICE PROVIDER, AN ATTORNEY, A SOCIAL WORKER,14
A MEDICAL PROFESSIONAL , A FAITH LEADER, OR A MENTAL HEALTH15
PROVIDER FROM WHOM A TENANT HAS SOUGHT ASSISTANCE RELATING TO16
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR17
DOMESTIC ABUSE. THE LETTER MUST STATE THAT THE QUALIFIED THIRD18
PARTY BELIEVES THAT THE INCIDENT OF UNLAWFUL SEXUAL BEHAVIOR ,19
STALKING, DOMESTIC ABUSE, OR DOMESTIC VIOLENCE OCCURRED AND IS20
THE GROUNDS FOR TERMINATION OF THE RESIDENTIAL TENANCY ;21
(C) A
POLICE REPORT FROM THE PRIOR ONE HUNDRED AND22
TWENTY DAYS THAT STATES THE TENANT REPORTED UNLAWFUL SEXUAL23
BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE; OR24
(D) A
VALID CIVIL, CRIMINAL, OR EMERGENCY PROTECTION ORDER25
OR RESTRAINING ORDER ISSUED PURSUANT TO ARTICLE 14 OR ARTICLE 14.526
OF TITLE 13 OR SECTION 18-1-1001.27
1168
-22- (II) ADDITIONAL OR OTHER DOCUMENTATION IS NOT REQUIRED TO1
QUALIFY THE TENANT AS A VICTIM -SURVIVOR. IF A TENANT SEEKS TO2
EXERCISE THE RIGHTS PURSUANT TO THIS SECTION BUT HAS NOT PROVIDED3
THE DOCUMENTATION REQUIRED PURSUANT TO SUBSECTION (2)(a.5)(I) OF4
THIS SECTION, THE TENANT SHALL PROVIDE THE REQUIRED5
DOCUMENTATION TO THE LANDLORD WITHIN SEVEN DAYS AFTER THE6
LANDLORD'S WRITTEN REQUEST.7
(b) If a tenant to a residential rental agreement or lease agreement8
terminates the residential rental agreement or lease agreement and vacates9
the premises pursuant to subsection (2)(a) of this section
AND IF THE10
LANDLORD HAS INCURRED ECONOMIC DAMAGES AS A DIRECT RESULT OF11
THE TENANT'S EARLY TERMINATION OF THE AGREEMENT AND THE12
LANDLORD HAS PROVIDED DOCUMENTATION OF THE L ANDLORD 'S13
INCURRED ECONOMIC DAMAGES TO THE TENANT WITHIN THIRTY DAYS14
AFTER TERMINATION OF THE AGREEMENT , then the tenant is responsible15
for
AN AMOUNT NOT TO EXCEED one month's rent following vacation of16
the premises, which amount is due and payable to the landlord within17
ninety days after the tenant vacates the premises;
EXCEPT THAT, IF18
ANOTHER TENANT REMAINS ON THE RESIDENTIAL RENTAL AGREEMENT OR19
LEASE AGREEMENT AFTER THE VICTIM -SURVIVOR TERMINATES THE20
AGREEMENT, THE LANDLORD SHALL NOT COLLECT THE ONE MONTH 'S RENT21
FROM THE VICTIM-SURVIVOR. The landlord is not obligated to refund the22
security deposit to the tenant until the tenant has paid the one month's rent23
pursuant to this section. Notwithstanding the provisions of section
24
38-12-103, the landlord and the tenant to a residential rental agreement25
or lease agreement may use any amounts owed to the other to offset costs26
for the one month's rent, or the security deposit. The provisions of this27
1168
-23- subsection (2)(b) apply only if the landlord has experienced and1
documented damages equal to at least one month's rent as a result of the2
tenant's early termination of the agreement. IF THE VICTIM-SURVIVOR AND3
RESPONSIBLE PARTY ARE BOTH PARTIES TO THE RESIDENTIAL RENTAL4
AGREEMENT OR LEASE AGREEMENT , THERE IS A PRESUMPTION THAT THE5
VICTIM-SURVIVOR RECEIVES THE FULL SECURITY DEPOSIT , LESS ANY6
AMOUNT LAWFULLY WITHHELD PURSUANT TO SECTION 38-12-103, AS7
DETERMINED AT THE END OF THE VICTIM -SURVIVOR'S TENANCY. A8
LANDLORD MUST NOT DEDUCT FROM A SECURITY DEPOSIT OR OTHERWISE9
CHARGE A VICTIM-SURVIVOR FOR DAMAGES INCURRED DUE TO THE10
UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC VIOLENCE, OR11
DOMESTIC ABUSE EXPERIENCED BY A VICTIM -SURVIVOR, AND THE12
LANDLORD MAY ONLY PURSUE COMPENSATION FOR THE DAMAGES FROM13
THE RESPONSIBLE PARTY.14
(c) F
OR A LANDLORD TO SEEK COMPENSATION THAT INCLUDES ,15
BUT DOES NOT EXCEED, ONE MONTH'S RENT PURSUANT TO SUBSECTION16
(2)(b)
OF THIS SECTION, THE LANDLORD SHALL PROVIDE A WRITTEN17
STATEMENT OF ACTUAL DAMAGES AS A DIRECT RESULT OF THE TENANT 'S18
EARLY TERMINATION OF THE RESIDENTIAL RENTAL AGREEMENT OR LEASE19
AGREEMENT WITHIN THIRTY DAYS AFTER THE DATE THE TENANT VACATES
20
THE PROPERTY. A LANDLORD'S FAILURE TO PROVIDE THE WRITTEN21
STATEMENT OF DAMAGES INCURRED WITHIN THIRTY DAYS AFTER THE22
DATE THE TENANT VACATES THE PROPERTY IS A FORFEITURE OF THE23
LANDLORD'S RIGHT TO CHARGE OR COLLECT ANY FUTURE RENT24
FOLLOWING A TENANT'S EARLY TERMINATION OF THE RESIDENTIAL RENTAL25
AGREEMENT OR LEASE AGREEMENT PURSUANT TO THIS SECTION .26
(d) (I) A
LANDLORD SHALL NOT ASSIGN A DEBT ALLEGEDLY OWED27
1168
-24- PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION BY A VICTIM-SURVIVOR1
TO A THIRD-PARTY DEBT COLLECTOR UNLESS THE LANDLORD :2
(A) C
OMPLIES WITH THE REQUIREMENTS DESCRIBED IN3
SUBSECTIONS (2)(b) AND (2)(c) OF THIS SECTION; AND4
(B) P
ROVIDES AT LEAST NINETY DAYS' WRITTEN NOTICE TO THE5
VICTIM-SURVIVOR EXPRESSING THE LANDLORD 'S INTENT TO ASSIGN THE6
DEBT TO A THIRD-PARTY DEBT COLLECTOR. THE WRITTEN NOTICE MUST BE7
PROVIDED THROUGH ANY METHOD OF COMMUNICATION THAT A8
VICTIM-SURVIVOR REQUESTS FOR CORRESPONDENCE , OR IF NO METHOD9
WAS PROVIDED , THROUGH THE LAST -KNOWN ELECTRONIC10
COMMUNICATION CONTACT INFORMATION , WHICH MAY INCLUDE THE11
VICTIM-SURVIVOR'S EMAIL ADDRESS.12
(II) A
LANDLORD SHALL NOT ASSIGN A DEBT TO A THIRD PARTY IF13
A VICTIM-SURVIVOR COMPLIES WITH THE LAWFUL NOTICE SEEKING14
COLLECTION OF THE UNPAID RENT THAT IS MADE PURSUANT TO15
SUBSECTION (2)(b) OF THIS SECTION AND THIS SUBSECTION (2)(d) BEFORE16
THE EXPIRATION OF THE NINETY-DAY NOTICE REQUIRED PURSUANT TO17
SUBSECTION (2)(d)(I)(B) OF THIS SECTION.18
19
(3) Nothing in this part 4 authorizes the termination of tenancy20
and A LANDLORD SHALL NOT TERMINATE A RESIDENTIAL RENTAL21
AGREEMENT OR LEASE AGREEMENT OR eviction of a residential tenant22
solely because the residential tenant is the victim VICTIM-SURVIVOR of23
unlawful sexual behavior, stalking, domestic violence, or domestic abuse.24
(4) (a) If a tenant to a residential rental agreement or lease25
agreement,
OR A QUALIFIED THIRD PARTY DESCRIBED IN SUBSECTION26
(2)(a.5)(I)(B)
OF THIS SECTION, notifies the landlord that the tenant is a27
1168
-25- victim VICTIM-SURVIVOR of unlawful sexual behavior, stalking, domestic1
violence, or domestic abuse, the landlord shall MUST not disclose such2
fact THAT INFORMATION to any person, INCLUDING A CO-TENANT, except3
with the
EXPRESS WRITTEN consent of the victim
VICTIM-SURVIVOR or as4
IF the landlord may be IS required to do so by law PURSUANT TO A COURT5
ORDER. HOWEVER, IF THE TENANT PROVIDES WRITTEN OR ACTUAL NOTICE6
TO THE LANDLORD THAT THE TENANT IS A VICTIM-SURVIVOR AND THE7
TENANT CONSENTS TO THE LANDLORD SHARING THE INFORMATION WITH8
THE COURT, THE LANDLORD SHALL DISCLOSE THE INFORMATION TO THE9
COURT IN ANY CIVIL ACTION ON THE COMPLAINT WITH THE RETURN OF10
SERVICE FILED WITH THE COURT, OR AT ANY SUCH TIME THAT THE11
LANDLORD BECOMES AWARE OF THE TENANT 'S STATUS AS A12
VICTIM-SURVIVOR.13
(b) If a tenant to a residential rental agreement or lease agreement14
terminates his or her THE lease pursuant to this section because he or she15
THE TENANT is a victim VICTIM-SURVIVOR of unlawful sexual behavior,16
stalking, domestic violence, or domestic abuse, and the tenant provides17
the landlord with a new address, the landlord shall MUST not disclose such18
THE address to any person except with the EXPRESS WRITTEN consent of19
the victim VICTIM-SURVIVOR or as IF the landlord may be IS required to do20
so by law PURSUANT TO A COURT ORDER .21
(5) A
LANDLORD SHALL NOT INQUIRE ABOUT , CONSIDER, OR22
REQUIRE DISCLOSURE OF ANY INFORMATION FROM A RENTAL APPLICANT23
REGARDING THE APPLICANT 'S STATUS AS A VICTIM -SURVIVOR OR24
EXPERIENCE WITH UNLAWFUL SEXUAL BEHAVIOR , STALKING, DOMESTIC25
VIOLENCE, OR DOMESTIC ABUSE.26
(6) T
HIS SECTION DOES NOT PROHIBIT A TENANT FROM27
1168
-26- TERMINATING THE TENANT'S RESIDENTIAL RENTAL AGREEMENT OR LEASE1
AGREEMENT PRIOR TO THE COURT 'S ENTRY OF AN EVICTION ORDER.2
(7) (a) I
F A TENANT TO A RESIDENTIAL RENTAL AGREEMENT OR3
LEASE AGREEMENT PROVIDES NOTICE TO THE LANDLORD THAT THE4
TENANT IS A VICTIM-SURVIVOR OF UNLAWFUL SEXUAL BEHAVIOR ,5
STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE AND PROVIDES THE6
LANDLORD WITH THE DOCUMENTATION REQUIRED PURSUANT TO7
SUBSECTION (2)(a.5) OF THIS SECTION, THE LANDLORD SHALL NOT8
PREVENT THE TENANT FROM CHANGING THE LOCKS , OR IMPOSE FEES ON,9
TAKE ANY ADVERSE ACTION AGAINST , OR OTHERWISE RETALIATE AGAINST10
THE TENANT FOR CHANGING THE LOCKS , INCLUDING ELECTRONIC LOCKS,11
OR PREVENT THE TENANT FROM TAKING ANY OTHER REASONABLE SAFETY12
PRECAUTIONS, INCLUDING, BUT NOT LIMITED TO, INSTALLING WINDOW13
BARS, CAMERAS, OR OTHER NON-PERMANENT MODIFICATIONS TO THE14
DWELLING UNIT. A LANDLORD MUST TAKE ALL STEPS REASONABLY15
NECESSARY TO ENSURE THE SAFETY OF THE DWELLING UNIT IN RESPONSE16
TO A TENANT'S SAFETY CONCERNS. ANY PROVISION IN A RESIDENTIAL17
RENTAL AGREEMENT OR LEASE AGREEMENT THAT PROHIBITS A TENANT18
FROM CHANGING A LOCK AS A SAFETY PRECAUTION OR TAKING OTHER19
REASONABLE SAFETY PRECAUTIONS IS NULL AND VOID AND20
UNENFORCEABLE.21
(b) I
T IS NOT A MATERIAL VIOLATION OF THE RESIDENTIAL RENTAL22
AGREEMENT OR LEASE AGREEMENT PURSUANT TO SECTION 13-40-10423
(1)(e)
OR A SUBSTANTIAL VIOLATION OF THE RESIDENTIAL RENTAL24
AGREEMENT OR LEASE AGREEMENT PURSUANT TO SECTION 13-40-10425
(1)(d.5)
IF THE TENANT CHANGES THE LOCKS , INCLUDING ELECTRONIC26
LOCKS, OR TAKES ANY OTHER REASONABLE SAFETY PRECAUTIONS ,27
1168
-27- INCLUDING, BUT NOT LIMITED TO, INSTALLING WINDOW BARS, CAMERAS,1
OR OTHER NON-PERMANENT MODIFICATIONS TO THE DWELLING UNIT .2
(c) (I) IF A TENANT CHANGES A LOCK, INCLUDING AN ELECTRONIC3
LOCK, PURSUANT TO THIS SUBSECTION (7), THE TENANT SHALL MAKE ALL4
REASONABLE EFFORTS TO PROVIDE THE LANDLORD WITH A COPY OF THE5
KEY, OR THE ELECTRONIC CODE OR OTHER INFORMATION NEEDED TO6
ACCESS AN ELECTRONIC LOCK, AS SOON AS REASONABLY PRACTICABLE7
BUT NO LATER THAN FOURTEEN DAYS AFTER THE LOCK OR ELECTRONIC8
LOCK IS CHANGED.9
(II) IF THE LANDLORD, PROPERTY MANAGER, OR OWNER OF THE10
PROPERTY IS THE PERSON ALLEGED TO BE RESPONSIBLE FOR THE11
UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR12
DOMESTIC ABUSE, THE TENANT SHALL MAKE REASONABLE EFFORTS TO13
PROVIDE A COPY OF THE KEY OR ELECTRONIC CODE TO ANOTHER PERSON14
WHO HAS THE AUTHORITY TO MANAGE THE PROPERTY AND WHO THE15
TENANT DETERMINES IS SAFE, PROVIDED THE PERSON WHO IS GIVEN A16
COPY OF THE KEY OR ELECTRONIC CODE AGREES NOT TO SHARE THE KEY17
OR ELECTRONIC CODE WITH THE LANDLORD, PROPERTY MANAGER, OR18
OWNER WHO IS ALLEGED TO BE RESPONSIBLE FOR THE UNLAWFUL SEXUAL19
BEHAVIOR, STALKING, DOMESTIC VIOLENCE, OR DOMESTIC ABUSE.20
(8) A
TENANT MAY BRING A CIVIL ACTION AGAINST A LANDLORD21
FOR A VIOLATION OF THIS SECTION IN ORDER TO RESTRAIN FURTHER22
VIOLATIONS AND RECOVER DAMAGES , COSTS, AND REASONABLE23
ATTORNEY FEES. IF THE COURT FINDS A VIOLATION OCCURRED, THE COURT24
SHALL AWARD THE TENANT STATUTORY DAMAGES EQUAL TO THE25
TENANT'S ACTUAL DAMAGES AND THE GREATER OF EITHER THREE TIMES26
THE MONTHLY RENT OR FIVE THOUSAND DOLLARS , AS WELL AS ANY27
1168
-28- PUNITIVE DAMAGES, OTHER DAMAGES, ATTORNEY FEES, AND COSTS THAT1
MAY BE OWED TO THE TENANT .2
SECTION 16. In Colorado Revised Statutes, 38-12-1302, amend3
(1)(d) as follows:4
38-12-1302. Applicability. (1) This part 13 applies to every5
residential premises in the state; except that this part 13 does not apply to:6
(d) A residential premises that is leased to a tenant pursuant to an7
employer-provided housing agreement, as defined in section 13-40-104;8
(5)(a);9
SECTION 17. Effective date. This act takes effect upon passage;10
except that sections 3, 5, 6, 7, 8, and 11 take effect August 6, 2025.11
SECTION 18. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
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