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Who is protected by these housing laws? What protections do these laws offer?
Colorado offers various housing-related laws that protect victims of domestic violence as defined in section 18-6-800.3(1) of the law, domestic abuse as defined in section 13-14-101(2) of the law, unlawful sexual behavior as defined in section 16-22-102(9) of the law, or stalking.
First, your landlord cannot terminate your lease, fine you, or otherwise penalize you for calling the police or other emergency assistance in response to domestic violence, domestic abuse, unlawful sexual behavior, or stalking. Furthermore, you cannot give up your right to call the police or other emergency assistance for help during your tenancy.1
Second, you can terminate your lease early if you want to vacate (leave) your home because you are afraid that you or your children face immediate danger as a result of domestic violence, domestic abuse, unlawful sexual behavior, or stalking. To do so, you must follow these two steps:
- notify your landlord in writing that you are a victim of domestic violence, domestic abuse, unlawful sexual behavior, or stalking; and
- give your landlord one of the following documents:
- a police report written within the past 60 days documenting the domestic violence, domestic abuse, unlawful sexual behavior, or stalking;
- a valid protection order;
- in the case of domestic violence, domestic abuse, or unlawful sexual behavior, a written statement from an “application assistant” or a medical professional who confirms that s/he has examined or consulted with the victim and that s/he is a victim of one of these forms of abuse; or
- in the case of stalking, a written statement from an “application assistant” who confirms that s/he has consulted with the victim and that s/he is a victim of stalking.2
Third, you cannot be evicted solely because you are a victim of domestic violence, domestic abuse, unlawful sexual behavior, or stalking, although you can still be evicted for other reasons.3
1 Colo. Rev. Stat. § 38-12-402(1)
2 Colo. Rev. Stat. § 38-12-402(2)(a), (2)(a.5)
3 Colo. Rev. Stat. § 38-12-402(3)
Once I terminate my lease, will I owe the landlord any money?
You could owe the landlord an amount equal to one month’s rent if the landlord has lost money due to your early termination. The landlord must document this money (damages) that s/he lost. This payment to the landlord would be due within 90 days of leaving (vacating) your home. The landlord can keep your security deposit until you pay that one month’s rent or the landlord can use your security deposit to off-set the money you would owe him/her.1
What often happens is that the landlord holds onto the security deposit and returns it if s/he is able to quickly re-rent the apartment/house and if the security deposit isn’t needed to repair physical damage to the unit. If the landlord cannot quickly re-rent the apartment/house, s/he keeps the security deposit in lieu of the rent payment due.
1 Colo. Rev. Stat. § 38-12-402(2)(b)
Is the information that I tell my landlord confidential?
The landlord is not allowed to tell anyone that you are a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse unless you consent or unless s/he is required by law to do so. Also, after terminating your lease, if you give your new address to your landlord/ s/he is not allowed to tell that address to anyone unless you consent or unless s/he is required by law to do so.1
1 Colo. Rev. Stat. § 38-12-402(4)
