Some Colorado housing laws protect victims of domestic violence, unlawful sexual contact (including sexual assault), or stalking who are renters.
1) A landlord cannot evict (kick out) a tenant (renter) who is a victim of domestic violence, sexual assault, or stalking because of the crime, or because the victim called law enforcement because of the crime. Landlords also cannot fine (charge) a renter for asking for help from the police for one of these crimes. Renters cannot be asked to waive (give up) the right to call the police for help. This means that renters can always call the police for help from domestic violence, sexual assault, or stalking.
2) Victims of domestic violence, sexual assault, or stalking may not have to pay for damage caused to the rental property if it was caused by an abuser/perpetrator during a crime..
3) Victims of domestic violence, sexual assault, or stalking may be able to terminate (end) a lease if they follow the required steps:
Step 1: A written statement from the tenant (renter) to the landlord that states:
- They are a victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse; and
- They need to move due to safety concerns for themselves and/or their children; and
- The termination of the lease is pursuant to C.R.S 38-12-402 (2)(a).
Step 2: Attach Evidence of Victimization to the written statement.
- Evidence of unlawful sexual behavior, domestic violence, stalking, or domestic abuse can be a:
- Self-attestation affidavit stating
- 1) that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and,
- 2) that the incident is the cause of, or contributed to, the need to end their lease;
- police report written within the last 120 days; or
- valid protection order (civil or criminal); or
- written statement from a qualified third party (including but not limited to a victim advocate, attorney, social worker, medical professional, religious or faith leader, or mental health provider) that they have met with the tenant, believe the victimization occurred, and that it is the reason for breaking the lease.
- Self-attestation affidavit stating
After a victim ends their lease and informs their landlord they have moved out, they may be responsible for paying up to one month’s rent (from the date of move-out), which is due within 90 days.
Notice to a landlord that someone is a victim or a victim’s new address cannot be shared with anyone else without permission from the victim, unless required by law.
For more information about rights for a renter who has faced Domestic Violence, please click here.
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To see Colorado statutes on landlord/tenant issues, click here.