Landlords in Colorado can take legal action to change or end an agreement with a tenant. However, landlords must meet specific requirements when imposing new rental agreement guidelines or evicting a tenant. Understanding how retaliation by a landlord is defined can help you determine your tenant rights in Colorado.
Colorado Laws Protect Tenant Rights to Initiate Specific Actions
Renters in Colorado may legally take certain actions to address concerns about their home and community. Colorado’s warrant of habitability law and the Mobile Home Park Act protect tenants from retaliation who participate in the following actions:
- Submitting complaints to a landlord or stating they will complain to a governmental agency about the conditions that interfere with a tenant’s life, health, or safety
- Organizing or becoming a member of a tenants’ association
- Submitting a complaint about a violation of the Mobile Home Park Act to park management
- Taking steps to protect or enforce their legal rights while living in a mobile home park
Any action taken against a mobile home park tenant within 120 days of a renter participating in a legal action may constitute retaliation, according to the Colorado Department of Local Affairs.
Examples of Potential Landlord Retaliation in Colorado
For a landlord’s actions to be retaliatory, they must be selective in their targeting, excessive in their demands, or unjustified. Examples of retaliation may include:
- Introducing new bills and fees
- Rent increases that are non-uniform
- Enforcing rules selectively
- Minimizing your services
- Fines, warnings, and unlawful citations
- Surveilling your home or violating your privacy
- Spreading damaging information
- Altering or terminating a current rental agreement without consent
- Committing any action to intimidate, threaten, or discriminate against, or to retaliate
- Threatening to or bringing an action for possession
None of these actions by a landlord effectively proves retaliation. However, it will be necessary for a landlord to demonstrate that taking these actions against you is justifiable and within the law.
Penalties for Colorado Landowner Retaliation
Based on the law a landlord violates, numerous penalties may apply. Tenants may also be able to take actions to protect themselves against retaliation. Penalties to a landlord and allowable actions by a tenant may include the following:
- Up to $10,000 in fines when a landlord violates the Mobile Home Park Act
- Terminating a rental agreement, and
- Recovering up to three months’ rent or three times a tenant’s damages, whichever is greater, in addition to
- Reimbursement of reasonable attorney fees and costs to a tenant
Filing a claim for retaliation by a landlord in Colorado can be complex. A tenant attorney in Colorado can help you navigate the strict tenant laws that protect your rights. We share these resources about what every tenant should know before renting to help you experience a more positive rental environment and protect against retaliation.
What Should I Do if My Colorado Landlord Retaliates Against Me?
Document any suspected acts of retaliation by a landlord through paperwork and other evidence you collect. Do not engage in combative or aggressive interactions. These behaviors may result in a landlord taking legal action against you. Discuss your concerns with an experienced Colorado tenant lawyer who will ensure your rights are protected. From here, you can begin to move forward with potentially terminating an agreement and recovering the financial damages a landlord may owe you. We will explore the legal avenues and options you can take to combat landlord retaliation in Colorado. Contact us today to discuss your case.
