A Bill for an Act
Page 1, Line 101Concerning housing protections for victim-survivors of
Page 1, Line 102gender-based violence.
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 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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 1(a) Subordination, misuse of power, and controlling behavior are
Page 3, Line 2common forms of gender-based violence. This abuse and violence can
Page 3, Line 3happen between intimate partners, family members, or outside a
Page 3, Line 4preexisting relationship and can include unlawful sexual behavior, stalking, domestic violence, and domestic abuse.
Page 3, Line 5(b) Gender-based violence is a leading cause of statewide housing
Page 3, Line 6instability. In 2023 in the Denver-metro area and throughout Colorado's
Page 3, Line 754 rural and non-metro counties, approximately 11% of people
Page 3, Line 8experiencing homelessness reported fleeing domestic violence, and 1,265 statewide reported being a victim-survivor of domestic violence.
Page 3, Line 9(c) Gender-based violence both imperils a victim-survivor's
Page 3, Line 10existing safe housing and exposes those victim-survivors who are
Page 3, Line 11experiencing housing instability to further abusive tactics.
Page 3, Line 12Victim-survivors are left to navigate housing insecurity in the immediate
Page 3, Line 13aftermath of violence in order to escape danger, often while they are
Page 3, Line 14isolated from support networks and services needed to locate and pay for stable housing and to protect their legal rights.
Page 3, Line 15(d) Safe and stable housing is essential to a victim-survivor's
Page 3, Line 16ability to leave an abusive relationship. Often, an abuser relies on
Page 3, Line 17coercive emotional, physical, and financial control to prevent a
Page 3, Line 18victim-survivor from leaving the shared home, or the abuser weaponizes
Page 3, Line 19knowledge of the victim-survivor's home address to continue the abuse.
Page 3, Line 20In addition to the physical benefits housing provides, a stable and
Page 3, Line 21independent home also contributes to a victim-survivor's sense of autonomy and psychological and emotional well-being.
Page 3, Line 22(e) Gender-based violence perpetuates cycles of poverty and
Page 4, Line 1imperils a victim-survivor's economic stability by endangering or
Page 4, Line 2preventing employment, decimating credit history, and depleting the
Page 4, Line 3victim-survivor's available money. Consequently, many victim-survivors in Colorado face eviction when the victim-survivor is unable to pay rent.
Page 4, Line 4(2) Therefore, the general assembly intends to preserve
Page 4, Line 5victim-survivors' due process rights, safety, and housing stability with laws that can be interpreted and construed broadly.
Page 4, Line 6SECTION 2. In Colorado Revised Statutes, 13-40-104, amend (4) and (5); add (6); and repeal (1)(j)(III) as follows:
Page 4, Line 713-40-104. Unlawful detention defined - definitions - repeal.
Page 4, Line 8(1) A person has committed an unlawful detention of real property in the following cases:
Page 4, Line 9(j) (III)
It shall not constitute a nuisance or disturbance forPage 4, Line 10
purposes of this subsection (1)(j) if a victim of domestic violence is beingPage 4, Line 11
accused of causing a disturbance or nuisance as a direct result of being aPage 4, Line 12
victim of domestic violence. This exception applies only to victims of domestic violence and not to perpetrators.Page 4, Line 13(4) (a) It
shall not constitutePage 4, Line 14property as described in
paragraph (d.5), (e), or (e.5) of subsection (1)Page 4, Line 15subsection (1)(d), (1)(d.5), (1)(e), (1)(e.5), or (1)(j) of this section if the
Page 4, Line 16tenant or lessee is
the victim ofPage 4, Line 17sexual behavior, stalking, domestic violence,
as that term is definedPage 4, Line 18
in section 18-6-800.3, C.R.S.,ofas that term isPage 4, Line 19
defined in section 13-14-101, (2),Page 4, Line 20stalking, domestic violence, or domestic abuse was the cause of,
Page 4, Line 21contributed to, or resulted in the alleged unlawful detention and which
Page 4, Line 22unlawful sexual behavior, stalking, domestic violence, or domestic abuse has been documented by at least one of the following:
Page 5, Line 1(I) A police report;
orPage 5, Line 2(II) A valid civil, criminal, or emergency protection order or
Page 5, Line 3restraining order issued pursuant to article 14 or article 14.5 of title 13 or section 18-1-1001;
Page 5, Line 4(III) A self-attestation affidavit that states the tenant
Page 5, Line 5is a victim-survivor of unlawful sexual behavior, stalking,
Page 5, Line 6domestic violence, or domestic abuse and that the incident of
Page 5, Line 7unlawful sexual behavior, stalking, domestic violence, or
Page 5, Line 8domestic abuse is the cause of, contributed to, or resulted in the
Page 5, Line 9alleged unlawful detention of real property described in
Page 5, Line 10subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section. The
Page 5, Line 11self-attestation affidavit must include the name of the party
Page 5, Line 12who is allegedly responsible for the unlawful sexual behavior,
Page 5, Line 13stalking, domestic violence, or domestic abuse, if the name of the party is known and if the tenant determines it is safe to provide.
Page 5, Line 14(IV) (A) A letter signed by a qualified third party,
Page 5, Line 15including, but not limited to, an employee, agent, or volunteer
Page 5, Line 16of a victim-survivor service provider, an attorney, a social
Page 5, Line 17worker, a medical professional, a faith leader, or a mental
Page 5, Line 18health provider, as defined in section 38-12-401, from whom a
Page 5, Line 19tenant has sought assistance relating to unlawful sexual
Page 5, Line 20behavior, stalking, domestic violence, or domestic abuse. The
Page 5, Line 21letter must state that the qualified third party believes that
Page 5, Line 22the incident of unlawful sexual behavior, stalking, domestic
Page 5, Line 23violence, or domestic abuse occurred and is the cause of,
Page 5, Line 24contributed to, or resulted in the alleged unlawful detention
Page 6, Line 1described in subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section.
Page 6, Line 2(B) If a landlord receives documentation pursuant to this
Page 6, Line 3subsection (4)(a) that contains conflicting information, the
Page 6, Line 4landlord may require a tenant to submit a letter signed by a
Page 6, Line 5qualified third-party pursuant to subsection (4)(a)(IV)(A) of this section.
Page 6, Line 6(b) A person is not guilty of an unlawful detention of real property
Page 6, Line 7pursuant to
paragraph (a) of this subsection (4)Page 6, Line 8section, including for nonpayment of rent, if the tenant agrees
Page 6, Line 9to and remains compliant with the requirements described in
Page 6, Line 10subsection (4)(e) of this section and if the alleged violation of the
Page 6, Line 11rental or lease agreement
is a result ofPage 6, Line 12from unlawful sexual behavior, stalking, domestic violence, or domestic abuse against the tenant or lessee.
Page 6, Line 13(c) A rental, lease, or other
suchshallPage 6, Line 14a waiver
by the tenant or lesseePage 6, Line 15(d)
Nothing inshallPage 6, Line 16landlord from seeking judgment for possession against the tenant or
Page 6, Line 17lessee of the premises who
perpetuatedPage 6, Line 18unlawful sexual behavior, stalking, domestic violence, or
Page 6, Line 19domestic abuse that was the cause of, contributed to, or resulted in the alleged unlawful detention of real property.
Page 6, Line 20(e) (I) (A) If the tenant has been alleged to have
Page 6, Line 21committed unlawful detention of real property due to
Page 6, Line 22nonpayment or late payment of rent and the tenant has
Page 7, Line 1provided documentation pursuant to subsection (4)(a) of this
Page 7, Line 2section that the tenant is a victim-survivor, the landlord shall
Page 7, Line 3offer the tenant a repayment plan no later than three business
Page 7, Line 4days after serving a demand for unpaid rent or no later than
Page 7, Line 5three business days after receiving the documentation described
Page 7, Line 6in subsection (4)(a) of this section, whichever is later. Within
Page 7, Line 7seven days after receipt of the repayment plan offered by the
Page 7, Line 8landlord, the tenant shall accept the landlord's repayment
Page 7, Line 9plan or propose an alternative repayment plan that conforms
Page 7, Line 10with the requirements of this subsection (4)(e).If the tenant
Page 7, Line 11accepts the repayment plan and either party notifies the court
Page 7, Line 12by motion, the court must vacate any previous order of
Page 7, Line 13judgment.If either party notifies a court that the parties have
Page 7, Line 14agreed upon a repayment plan, the court shall not enter an
Page 7, Line 15order of judgment for possession or for monetary damages
Page 7, Line 16during the pendency of a repayment plan, except as provided in
Page 7, Line 17subsection (4)(e)(I)(B) of this section. A landlord's failure to
Page 7, Line 18offer a repayment plan pursuant to this subsection (4)(e)(I)(A) is
Page 7, Line 19an affirmative defense to an action for unlawful detainer. A
Page 7, Line 20tenant's failure to accept the landlord's repayment plan or
Page 7, Line 21failure to propose an alternative repayment plan within seven
Page 7, Line 22days after receipt of the landlord's repayment plan is a waiver
Page 7, Line 23of the affirmative defense. The repayment plan must be
Page 7, Line 24structured at the tenant's discretion and must include, at a
Page 7, Line 25minimum, a requirement that the tenant pay the full repayment
Page 7, Line 26of all lawfully owed rent and make payments on a monthly
Page 7, Line 27basis, and the repayment plan must include the amount that
Page 8, Line 1must be paid on a monthly basis, which must be at least
Page 8, Line 2twenty-five dollars per month. The repayment plan must not exceed nine months from the date the plan is established.
Page 8, Line 3(B) The tenant shall make payments according to the
Page 8, Line 4repayment plan schedule. Any payment made more than ten days
Page 8, Line 5after the date agreed upon for each payment installment is
Page 8, Line 6untimely. If a tenant fails to make a payment or makes three or
Page 8, Line 7more untimely payments, the landlord may serve, no sooner
Page 8, Line 8than seven days after the payment is untimely or is not made,
Page 8, Line 9the tenant with a notice of default demanding payment of all
Page 8, Line 10rent that remains lawfully owed A payment that is not made
Page 8, Line 11before the next monthly payment is due constitutes a failure to
Page 8, Line 12make a payment. If the tenant fails to make the payment of all
Page 8, Line 13remaining rent within seven days, the landlord may file a motion
Page 8, Line 14for judgment for possession. In an action for judgment for
Page 8, Line 15possession, the tenant may assert any available defenses for nonpayment of rent that may be applicable.
Page 8, Line 16(C) A landlord shall not charge a tenant any fees, interest, or penalties associated with a repayment plan.
Page 8, Line 17(II) If a tenant has satisfied the documentation
Page 8, Line 18requirements described in subsection (4)(a) of this section and
Page 8, Line 19the tenant relinquishes possession of the property, the tenant is
Page 8, Line 20entitled to repay any lawfully owed rent and is entitled to any
Page 8, Line 21other protections available pursuant to subsection (4)(e)(I) of
Page 8, Line 22this section, and the landlord shall not pursue a claim for
Page 8, Line 23monetary damages unless the tenant has failed to comply with
Page 8, Line 24the terms of the repayment plan.
(5) As used in this section, unless the context otherwise requires:
Page 9, Line 1(a) "Domestic abuse" has the same meaning as set forth in section 38-12-401.
Page 9, Line 2(b) "Domestic violence" has the same meaning as set forth in section 38-12-401.
Page 9, Line 3
(a)Page 9, Line 4residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord.
Page 9, Line 5
(b)Page 9, Line 6agreement leasing a single family home by a landlord who owns five or
Page 9, Line 7fewer single family rental homes and who provides notice in the
Page 9, Line 8agreement that a ten-day notice period required pursuant to this section does not apply to the tenancy entered into pursuant to the agreement.
Page 9, Line 9(e) "Stalking" has the same meaning as set forth in section 38-12-401.
Page 9, Line 10(f) "Unlawful sexual behavior" has the same meaning as set forth in section 38-12-401.
Page 9, Line 11(g) "Victim-survivor" has the same meaning as set forth in section 38-12-401.
Page 9, Line 12(6) (a) If the provisions of House Bill 25-1168 enacted in
Page 9, Line 132025 require the judicial department to make changes to any
Page 9, Line 14forms, the judicial department shall complete the changes to
Page 9, Line 15forms and have the new forms available no later than August, 6, 2025.
Page 9, Line 16(b) This subsection (6) repeals, effective July 1, 2026.
Page 9, Line 17SECTION 3. In Colorado Revised Statutes, 13-40-106, add (4)
Page 9, Line 18as follows:
Page 10, Line 113-40-106. Written demand. (4) If the demand or notice
Page 10, Line 2required by section 13-40-104 or 38-12-1303 includes a demand
Page 10, Line 3for unpaid rent, the demand or notice must include a statement
Page 10, Line 4that if the tenant has experienced unlawful sexual behavior,
Page 10, Line 5stalking, domestic violence, or domestic abuse that has caused
Page 10, Line 6the tenant to miss a rent payment, the tenant may provide the
Page 10, Line 7landlord with documentation of the unlawful sexual behavior,
Page 10, Line 8stalking, domestic violence, or domestic abuse and is entitled to
Page 10, Line 9a repayment plan that allows the tenant to repay the unpaid rent over a period of time not to exceednine months.
Page 10, Line 10SECTION 4. In Colorado Revised Statutes, 13-40-107.5, amend (5)(c); and add (1)(e) as follows:
Page 10, Line 1113-40-107.5. Termination of tenancy for substantial violation
Page 10, Line 12- definition - legislative declaration. (1) The general assembly finds and declares that:
Page 10, Line 13(e) A tenant who experiences unlawful sexual behavior,
Page 10, Line 14stalking, domestic violence, or domestic abuse is not responsible
Page 10, Line 15for the acts of the responsible party, especially when the
Page 10, Line 16responsible party exercises control over the tenant, and the
Page 10, Line 17tenant must not be unfairly penalized or suffer the undue loss of housing due to the acts of the responsible party.
Page 10, Line 18(5) (c) (I)
TheshallPage 10, Line 19possession
underPage 10, Line 20
victimPage 10, Line 21domestic violence,
as that term is defined in section 18-6-800.3, C.R.S.,Page 10, Line 22or
ofas that term is defined in section 13-14-101 (2),Page 10, Line 23which unlawful sexual behavior, stalking, domestic violence, or
Page 11, Line 1domestic abuse was the cause of, contributed to, or resulted in the
Page 11, Line 2alleged substantial violation and
whichPage 11, Line 3behavior, stalking, domestic violence, or domestic abuse has been documented pursuant to
the provisions set forth inPage 11, Line 4(II)
Nothing in this paragraph (c) shallPage 11, Line 5does not prevent
thePage 11, Line 6or lessee of the premises who
perpetuatedPage 11, Line 7unlawful sexual behavior, stalking, domestic violence, or
Page 11, Line 8domestic abuse that was the cause of, contributed to, or resulted in the alleged substantial violation.
Page 11, Line 9SECTION 5. In Colorado Revised Statutes, amend 13-40-108 as follows:
Page 11, Line 1013-40-108. Service of notice to vacate or demand. (1) Except
Page 11, Line 11as provided in subsection (2) of this section, a written notice to
Page 11, Line 12vacate or demand as required by section 13-40-104, 38-12-202,
Page 11, Line 1338-12-204, or 38-12-1303 may be served by delivering a copy of the
Page 11, Line 14notice to a known tenant occupying the premises, or by leaving
suchPage 11, Line 15copy with
someabove thePage 11, Line 16
age of fifteen yearsPage 11, Line 17on or in charge of the premises, or, in case no one is on the premises after
Page 11, Line 18attempts at personal service at least once on two separate days, by posting the copy in
somePage 11, Line 19(2) If a tenant provides the landlord with written or
Page 11, Line 20actual notice that the tenant is a victim-survivor of unlawful
Page 11, Line 21sexual behavior, stalking, domestic violence, or domestic abuse,
Page 11, Line 22the landlord shall make all reasonable efforts to perfect
Page 11, Line 23service described in subsection (1) of this section through
Page 12, Line 1personal service to the tenant who provided the written or
Page 12, Line 2actual notice.If personal service cannot be perfected after
Page 12, Line 3three attempts, the landlord shall perfect service by posting a
Page 12, Line 4copy of the notice in a conspicuous place on the premises and by
Page 12, Line 5serving the notice to the tenant through certified mail or
Page 12, Line 6through any commercial mail courier, provided the notice
Page 12, Line 7includes a receipt or other documentation demonstrating proof of delivery.
Page 12, Line 8SECTION 6. In Colorado Revised Statutes, 13-40-110, add (3.5) as follows:
Page 12, Line 913-40-110. Action - how commenced - report. (3.5) If the
Page 12, Line 10tenant provides written or actual notice to the landlord that
Page 12, Line 11the tenant is a victim-survivor of unlawful sexual behavior,
Page 12, Line 12stalking, domestic violence, or domestic abuse, and the tenant
Page 12, Line 13consents to the landlord sharing the information with the
Page 12, Line 14court, the landlord shall disclose the information on the complaint or with the return of service filed with the court.
Page 12, Line 15SECTION 7. In Colorado Revised Statutes, 13-40-110.5, amend (3) as follows:
Page 12, Line 1613-40-110.5. Automatic suppression of court records -
Page 12, Line 17definition. (3) (a) Except as provided in subsection (3)(b) of this
Page 12, Line 18section, when an order granting the plaintiff possession of the premises
Page 12, Line 19is entered in an action to which this section applies, the record is no
Page 12, Line 20longer a suppressed court record and the court shall make the record
Page 12, Line 21available to the public unless the parties to the action agree that the record
Page 12, Line 22
shouldshouldPage 12, Line 23remain suppressed, the record remains a suppressed court record.
Page 13, Line 2(b) A defendant who is a victim-survivor pursuant to
Page 13, Line 3section 13-40-104 may file a motion or petition to suppress a
Page 13, Line 4court record related to an action for possession or to maintain
Page 13, Line 5a record as suppressed if the record is currently suppressed,
Page 13, Line 6including a record that predates the effective date of this
Page 13, Line 7section. Upon receiving a motion or petition to suppress, the
Page 13, Line 8court shall suppress, or continue to suppress, any related
Page 13, Line 9records, including a judgment for possession if one is entered, if
Page 13, Line 10a tenant provides one or more of the documents described in
Page 13, Line 11section 13-40-104 (4)(a) and asserts that public access to the
Page 13, Line 12records poses a risk to the defendant's safety or the safety of a family member of the defendant's household.
Page 13, Line 13SECTION 8. In Colorado Revised Statutes, 13-40-111, amend (6)(b); and add (6)(d) and (6)(e) as follows:
Page 13, Line 1413-40-111. Issuance and return of summons. (6) A summons issued pursuant to this section must also contain:
Page 13, Line 15(b) A form that allows either party to request all documents in the landlord's and tenant's possession relevant to the current action;
andPage 13, Line 16(d) A statement, in bold-faced type, that informs the
Page 13, Line 17defendant that if the defendant has experienced unlawful
Page 13, Line 18sexual behavior, stalking, domestic violence, or domestic abuse
Page 13, Line 19that was the cause of, contributed to, or resulted in an alleged
Page 13, Line 20lease violation that is the subject of the action for possession,
Page 13, Line 21a defense may exist and the tenant may be entitled to a
Page 13, Line 22repayment plan pursuant to section 13-40-104 (4)(e) for any rent
Page 13, Line 23that remains lawfully owed; and
Page 14, Line 1(e) Information about how to enroll in the address
Page 14, Line 2confidentiality program pursuant to part 21 of article 30 of title 24.
Page 14, Line 3SECTION 9. In Colorado Revised Statutes, 13-40-112, amend (1) and (2) as follows:
Page 14, Line 413-40-112. Service. (1)
SuchPage 14, Line 5personal service as in any civil action. A copy of the complaint must be
Page 14, Line 6served with the summons. If a defendant provides the plaintiff with
Page 14, Line 7written or actual notice that the defendant is a victim-survivor
Page 14, Line 8of unlawful sexual behavior, stalking, domestic violence, or
Page 14, Line 9domestic abuse, the plaintiff shall only perfect service through
Page 14, Line 10personal service to the defendant who provided the written or actual notice.
Page 14, Line 11(2) Except as provided in subsection (1) of this section, if
Page 14, Line 12personal service cannot be
hadPage 14, Line 13qualified under the Colorado rules of civil procedure to serve process,
Page 14, Line 14after having made diligent effort to make
suchsuchPage 14, Line 15the person may make service by posting a copy of the summons and the
Page 14, Line 16complaint in some conspicuous place upon the premises. In addition,
Page 14, Line 17
thereto,Page 14, Line 18following the day on which
he or shePage 14, Line 19a copy of the summons, or, in the event that an alias summons is issued,
Page 14, Line 20a copy of the alias summons, and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.
Page 14, Line 21SECTION 10. In Colorado Revised Statutes, 13-40-113, amend (1), (2), and (4)(a); and add (4)(a.5) as follows:
Page 14, Line 2213-40-113. Answer of defendant - additional and amended
Page 15, Line 1pleadings. (1) (a) The defendant shall file with the court, at or before the
Page 15, Line 2day specified for the defendant's appearance in the summons, an answer
Page 15, Line 3in writing. The defendant's answer must set forth the grounds on which
Page 15, Line 4the defendant bases the defendant's claim for possession, admitting or
Page 15, Line 5denying all of the material allegations of the complaint, and presenting
Page 15, Line 6every defense
whichPage 15, Line 7intends to rely, either by including the same in the defendant's answer or by simultaneously filing motions setting forth
every suchPage 15, Line 8(b) If the defendant asserts by motion that the defendant
Page 15, Line 9did not timely file an answer in writing because the defendant
Page 15, Line 10is a victim-survivor of unlawful sexual behavior, stalking,
Page 15, Line 11domestic violence, or domestic abuse and did not receive or have
Page 15, Line 12a reasonable opportunity to review the summons and complaint
Page 15, Line 13or the defendant was otherwise unable to appear, the court
Page 15, Line 14shall relieve the defendant from final judgment and vacate any
Page 15, Line 15judgment or writ of restitution that may have been issued and
Page 15, Line 16provide the defendant with a reasonable amount of time, no less than seven days, to submit an answer to the complaint.
Page 15, Line 17(2) The court for good cause may permit the filing of additional
Page 15, Line 18and amended pleadings if it will not result in a delay prejudicial to the
Page 15, Line 19defendant. If the defendant asserts a defense described in section
Page 15, Line 2013-40-104 (4)(a), the court shall permit the filing of additional and amended pleadings.
Page 15, Line 21(4) After an answer is provided to the court pursuant to this section:
Page 15, Line 22(a) The court shall set a date for trial no sooner than seven days,
Page 15, Line 23but not more than ten days, after the answer is filed, unless the defendant
Page 16, Line 1requests a waiver of
thisPage 16, Line 2after filing an answer; except that a court may extend beyond ten days if
Page 16, Line 3either party demonstrates good cause for an extension, if the court
Page 16, Line 4otherwise finds justification for the extension, or if a party participating
Page 16, Line 5remotely pursuant to section 13-40-113.5 was disconnected and unable
Page 16, Line 6to reestablish connection. The requirement set forth in this subsection
Page 16, Line 7(4)(a) does not apply to a forcible entry and detainer petition that alleges
Page 16, Line 8a substantial violation, as defined in section 13-40-107.5 (3), or
Page 16, Line 9terminates a tenancy pursuant to section 38-12-203 (1)(f), unless the
Page 16, Line 10alleged substantial violation or termination of tenancy is a
Page 16, Line 11result of unlawful sexual behavior, stalking, domestic
Page 16, Line 12violence, or domestic abuse, provided that the court has been made aware that the tenant is a victim-survivor.
Page 16, Line 13(a.5) If a defendant in an action filed pursuant to this
Page 16, Line 14article 40 asserts a defense described in section 13-40-104 (4)(a)
Page 16, Line 15and requests an extension of a scheduled trial date, the court
Page 16, Line 16shall find good cause exists to extend the trial date beyond ten
Page 16, Line 17days after the answer is filed and shall make all reasonable
Page 16, Line 18efforts to schedule the trial date to accommodate any safety concerns raised by the defendant requesting the extension.
Page 16, Line 19SECTION 11. In Colorado Revised Statutes, 13-40-115, amend (4) introductory portion as follows:
Page 16, Line 2013-40-115. Judgment - writ of restitution - cure period. (4) A
Page 16, Line 21landlord who provides a tenant with proper notice of nonpayment shall
Page 16, Line 22accept payment of the tenant's full payment of all amounts lawfully due
Page 16, Line 23according to the notice, as well as any rent that remains due under the
Page 16, Line 24rental agreement or that remains due pursuant to a repayment
Page 17, Line 1plan established pursuant to section 13-40-104 (4)(e), at any time
Page 17, Line 2until a judge issues a judgment for possession pursuant to subsection (1)
Page 17, Line 3or (2) of this section. A tenant may pay this amount to either the landlord
Page 17, Line 4or to the court. Once a court has confirmation that the full amount has been timely paid, the court shall:
Page 17, Line 5SECTION 12. In Colorado Revised Statutes, 13-40-122, amend (1)(a) introductory portion; and add (1)(a.5) as follows:
Page 17, Line 613-40-122. Writ of restitution after judgment - definitions.
Page 17, Line 7(1) (a) Except as provided in subsection (1)(a.5) of this section, a
Page 17, Line 8court shall not issue a writ of restitution upon any judgment entered in
Page 17, Line 9any action pursuant to this article 40 until forty-eight hours after the time
Page 17, Line 10of the entry of the judgment. If the writ of restitution concerns a
Page 17, Line 11residential tenant who receives supplemental security income, social
Page 17, Line 12security disability insurance under Title II of the federal "Social Security
Page 17, Line 13Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through
Page 17, Line 14the Colorado works program created in part 7 of article 2 of title 26, the
Page 17, Line 15writ must specify that the writ is not executable for thirty days after entry
Page 17, Line 16of judgment pursuant to subsection (1)(b) of this section; except in the case:
Page 17, Line 17(a.5) If the writ of restitution concerns a residential
Page 17, Line 18tenant who asserts a defense pursuant to section 13-40-104 (4)(a)
Page 17, Line 19and provides the required documentation, any filing submitted
Page 17, Line 20by the plaintiff that requests a writ must include a statement
Page 17, Line 21that identifies the defendant as a victim-survivor of unlawful
Page 17, Line 22sexual behavior, stalking, domestic violence, or domestic abuse,
Page 17, Line 23and a statement specifying that the writ is not executable for
Page 17, Line 24thirty days after entry. If the writ of restitution is granted by
Page 18, Line 1the court, the writ must not be executable for thirty days after
Page 18, Line 2entry of judgment and must be executed by the officer in the daytime between sunrise and sunset.
Page 18, Line 3SECTION 13. In Colorado Revised Statutes, 38-12-103, amend (1) as follows:
Page 18, Line 438-12-103. Return of security deposit. (1) A landlord shall,
Page 18, Line 5within one month after the termination of a lease or surrender and
Page 18, Line 6acceptance of the premises, whichever occurs last, return to the tenant the
Page 18, Line 7full security deposit deposited with the landlord by the tenant, unless the
Page 18, Line 8lease agreement specifies a longer period of time, but not to exceed sixty
Page 18, Line 9days.
Noshall bePage 18, Line 10
retainedPage 18, Line 11lease pursuant to section 38-12-402 (2)(a) and provides the
Page 18, Line 12documentation required pursuant to section 38-12-402 (2)(a.5),
Page 18, Line 13the tenant is not liable for damage to the dwelling unit caused
Page 18, Line 14by the responsible party or during the course of an incident of
Page 18, Line 15unlawful sexual behavior, stalking, domestic violence, or
Page 18, Line 16domestic abuse, and any amount of money that the landlord
Page 18, Line 17retains from the security deposit must comply with section
Page 18, Line 1838-12-402 (2)(b). In the event that actual cause exists for retaining any
Page 18, Line 19portion of the security deposit, the landlord shall provide the tenant with
Page 18, Line 20a written statement listing the exact reasons for the retention of any
Page 18, Line 21portion of the security deposit. When the statement is delivered, it
shallPage 18, Line 22must be accompanied by payment of the difference between any sum
Page 18, Line 23deposited and the amount retained.
ThePage 18, Line 24complied with this section by mailing
saidPage 18, Line 25payment required to the last-known address of the tenant.
Nothing inPage 19, Line 1section
shallthePage 19, Line 2deposit for nonpayment of rent, abandonment of the premises, or
Page 19, Line 3nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
Page 19, Line 4SECTION 14. In Colorado Revised Statutes, 38-12-401, amend (3), (4), and (6); and add (4.5), (5.5), (7), and (8) as follows:
Page 19, Line 538-12-401. Definitions. As used in this part 4, unless the context otherwise requires:
Page 19, Line 6(3) "Domestic violence"
has the same meaning as providedPage 19, Line 7the conduct described in section 18-6-800.3 (1) or any conduct described in section 13-14-101 (2.1).
Page 19, Line 8(4) "Medical professional" means a person licensed to practice
Page 19, Line 9medicine pursuant to article 240 of title 12, or a person licensed and in
Page 19, Line 10good standing to practice medicine in another state, or a person
Page 19, Line 11licensed to practice nursing or as a certified midwife pursuant to part 1 of article 255 of title 12 or in another state.
Page 19, Line 12(4.5) "Mental health provider" means an employee, agent,
Page 19, Line 13or volunteer of a victim-survivor service provider, an attorney,
Page 19, Line 14a medical professional, a mental health professional licensed or
Page 19, Line 15certified pursuant to article 245 of title 12, a peer support
Page 19, Line 16specialist, as defined in section 27-60-108, or a mental health hospital, behavioral health entity, clinic, or institution.
Page 19, Line 17(5.5) "Tenant" has the same meaning as set forth in section
Page 19, Line 1838-12-502 and includes "home owners", as defined in section 38-12-201.5.
Page 19, Line 19(6) "Unlawful sexual behavior" means the criminal
offensePage 19, Line 20
describedPage 20, Line 1(7) "Victim-survivor" means a residential tenant who has
Page 20, Line 2provided documentation required pursuant to section 38-12-402(2)(a.5).
Page 20, Line 3(8) "Victim-survivor service provider" means an
Page 20, Line 4organization or individual that provides services to
Page 20, Line 5victim-survivors of unlawful sexual behavior, stalking,
Page 20, Line 6domestic violence, or domestic abuse, including victim's advocates as described in section 13-90-107 (1)(k)(II).
Page 20, Line 7SECTION 15. In Colorado Revised Statutes, amend 38-12-402 as follows:
Page 20, Line 838-12-402. Protection for victim-survivors of unlawful sexual
Page 20, Line 9behavior, stalking, domestic violence, or domestic abuse. (1) A
Page 20, Line 10landlord shall not include in a residential rental agreement or lease
Page 20, Line 11agreement for housing a provision authorizing the landlord to terminate
Page 20, Line 12the agreement, or to impose a penalty on or take any adverse action
Page 20, Line 13against a
residentialresidentialPage 20, Line 14peace officer assistance or other emergency assistance in response to a
Page 20, Line 15situation involving unlawful sexual behavior, stalking, domestic
Page 20, Line 16violence, or domestic abuse.
unlawful sexual behavior, or stalking. APage 20, Line 17
residential tenant may not waivePage 20, Line 18lease agreement, or other agreement must not contain a waiver
Page 20, Line 19of the
residentialPage 20, Line 20(2) (a) If a tenant to a residential rental agreement or lease
Page 20, Line 21agreement, or a qualified third party described in subsection
Page 20, Line 22(2)(a.5)(I)(B) of this section, notifies the landlord in writing that
he orPage 21, Line 1
shevictimPage 21, Line 2behavior, stalking, domestic violence, or domestic abuse and provides to
Page 21, Line 3the landlord evidence of unlawful sexual behavior, stalking, domestic
Page 21, Line 4violence, or domestic abuse
victimizationPage 21, Line 5(2)(a.5) of this section, and the
residentialseeksPage 21, Line 6the premises due to fear of
imminentfor self or childrenPage 21, Line 7of the unlawful sexual behavior, stalking, domestic violence, or domestic
Page 21, Line 8abuse, then the
residentialPage 21, Line 9agreement or lease agreement and vacate the premises without further
Page 21, Line 10obligation except as otherwise provided in subsection (2)(b) of this section.
Page 21, Line 11(a.5) (I) For the purposes of subsection (2)(a) of this section,
Page 21, Line 12
(I)he or shevictimPage 21, Line 13victim-survivor of unlawful sexual behavior, stalking, domestic
Page 21, Line 14violence, or domestic abuse, a tenant may provide to
his or herPage 21, Line 15landlord
a police report written within the prior sixty days, a validPage 21, Line 16
protection order, or a written statement from a medical professional orPage 21, Line 17
application assistant who has examined or consulted with the victim, which written statement confirms such fact; andPage 21, Line 18
(II) To provide evidence that he or she is a victim of stalking, aPage 21, Line 19
tenant may provide to his or her landlord a police report written within thePage 21, Line 20
prior sixty days, a valid protection order, or a written statement from anPage 21, Line 21
application assistant who has consulted with the victim, which written statement confirms such factPage 21, Line 22(A) A self-attestation affidavit that states the tenant is
Page 21, Line 23a victim-survivor of unlawful sexual behavior, stalking,
Page 21, Line 24domestic violence, or domestic abuse and that the incident of
Page 22, Line 1unlawful sexual behavior, stalking, domestic violence, or
Page 22, Line 2domestic abuse is the cause of, or contributed to, termination of
Page 22, Line 3the residential tenancy. If a landlord receives documentation
Page 22, Line 4pursuant to this subsection (2)(a.5)(I) that contains conflicting
Page 22, Line 5information, the landlord may require a tenant to submit a
Page 22, Line 6letter signed by a qualified third-party pursuant to this
Page 22, Line 7subsection (2)(a.5)(I)(B).The self-attestation affidavit must
Page 22, Line 8include the name of the party who is allegedly responsible for
Page 22, Line 9the unlawful sexual behavior, stalking, domestic violence, or
Page 22, Line 10domestic abuse, if the name of the party is known and if the tenant determines it is safe to provide.
Page 22, Line 11(B) A letter signed by a qualified third party, including,
Page 22, Line 12but not limited to, an employee, agent, or volunteer of a
Page 22, Line 13victim-survivor service provider, an attorney, a social worker,
Page 22, Line 14a medical professional, a faith leader, or a mental health
Page 22, Line 15provider from whom a tenant has sought assistance relating to
Page 22, Line 16unlawful sexual behavior, stalking, domestic violence, or
Page 22, Line 17domestic abuse. The letter must state that the qualified third
Page 22, Line 18party believes that the incident of unlawful sexual behavior,
Page 22, Line 19stalking, domestic abuse, or domestic violence occurred and is the grounds for termination of the residential tenancy;
Page 22, Line 20(C) A police report from the prior one hundred and
Page 22, Line 21twenty days that states the tenant reported unlawful sexual behavior, stalking, domestic violence, or domestic abuse; or
Page 22, Line 22(D) A valid civil, criminal, or emergency protection order
Page 22, Line 23or restraining order issued pursuant to article 14 or article 14.5
Page 22, Line 24of title 13 or section 18-1-1001.
Page 23, Line 1(II) Additional or other documentation is not required to
Page 23, Line 2qualify the tenant as a victim-survivor. If a tenant seeks to
Page 23, Line 3exercise the rights pursuant to this section but has not provided
Page 23, Line 4the documentation required pursuant to subsection (2)(a.5)(I) of
Page 23, Line 5this section, the tenant shall provide the required
Page 23, Line 6documentation to the landlord within seven days after the landlord's written request.
Page 23, Line 7(b) If a tenant to a residential rental agreement or lease agreement
Page 23, Line 8terminates the residential rental agreement or lease agreement and vacates
Page 23, Line 9the premises pursuant to subsection (2)(a) of this section and if the
Page 23, Line 10landlord has incurred economic damages as a direct result of
Page 23, Line 11the tenant's early termination of the agreement and the
Page 23, Line 12landlord has provided documentation of the landlord's
Page 23, Line 13incurred economic damages to the tenant within thirty days
Page 23, Line 14after termination of the agreement, then the tenant is responsible
Page 23, Line 15for an amount not to exceed one month's rent following vacation of
Page 23, Line 16the premises, which amount is due and payable to the landlord within
Page 23, Line 17ninety days after the tenant vacates the premises; except that, if
Page 23, Line 18another tenant remains on the residential rental agreement or
Page 23, Line 19lease agreement after the victim-survivor terminates the
Page 23, Line 20agreement, the landlord shall not collect the one month's rent
Page 23, Line 21from the victim-survivor. The landlord is not obligated to refund the
Page 23, Line 22security deposit to the tenant until the tenant has paid the one month's rent
Page 23, Line 23pursuant to this section.
Notwithstanding the provisions of sectionPage 23, Line 24
38-12-103, the landlord and the tenant to a residential rental agreementPage 23, Line 25
or lease agreement may use any amounts owed to the other to offset costsPage 23, Line 26
for the one month's rent, or the security deposit. The provisions of thisPage 24, Line 1
subsection (2)(b) apply only if the landlord has experienced andPage 24, Line 2
documented damages equal to at least one month's rent as a result of thePage 24, Line 3
tenant's early termination of the agreement.Page 24, Line 4responsible party are both parties to the residential rental
Page 24, Line 5agreement or lease agreement, there is a presumption that the
Page 24, Line 6victim-survivor receives the full security deposit, less any
Page 24, Line 7amount lawfully withheld pursuant to section 38-12-103, as
Page 24, Line 8determined at the end of the victim-survivor's tenancy. A
Page 24, Line 9landlord must not deduct from a security deposit or otherwise
Page 24, Line 10charge a victim-survivor for damages incurred due to the
Page 24, Line 11unlawful sexual behavior, stalking, domestic violence, or
Page 24, Line 12domestic abuse experienced by a victim-survivor, and the
Page 24, Line 13landlord may only pursue compensation for the damages from the responsible party.
Page 24, Line 14(c) For a landlord to seek compensation that includes,
Page 24, Line 15but does not exceed, one month's rent pursuant to subsection
Page 24, Line 16(2)(b) of this section, the landlord shall provide a written
Page 24, Line 17statement of actual damages as a direct result of the tenant's
Page 24, Line 18early termination of the residential rental agreement or lease
Page 24, Line 19agreement within thirty days after the date the tenant vacates
Page 24, Line 20the property. A landlord's failure to provide the written
Page 24, Line 21statement of damages incurred within thirty days after the
Page 24, Line 22date the tenant vacates the property is a forfeiture of the
Page 24, Line 23landlord's right to charge or collect any future rent
Page 24, Line 24following a tenant's early termination of the residential rental agreement or lease agreement pursuant to this section.
Page 24, Line 25(d) (I) A landlord shall not assign a debt allegedly owed
Page 25, Line 1pursuant to subsection (2)(b) of this section by a victim-survivor to a third-party debt collector unless the landlord:
Page 25, Line 2(A) Complies with the requirements described in subsections (2)(b) and (2)(c) of this section; and
Page 25, Line 3(B) Provides at least ninety days' written notice to the
Page 25, Line 4victim-survivor expressing the landlord's intent to assign the
Page 25, Line 5debt to a third-party debt collector. The written notice must be
Page 25, Line 6provided through any method of communication that a
Page 25, Line 7victim-survivor requests for correspondence, or if no method
Page 25, Line 8was provided, through the last-known electronic
Page 25, Line 9communication contact information, which may include the victim-survivor's email address.
Page 25, Line 10(II) A landlord shall not assign a debt to a third party if
Page 25, Line 11a victim-survivor complies with the lawful notice seeking
Page 25, Line 12collection of the unpaid rent that is made pursuant to
Page 25, Line 13subsection (2)(b) of this sectionand this subsection (2)(d) before
Page 25, Line 14the expiration of the ninety-day notice required pursuant to subsection (2)(d)(I)(B) of this section.
Page 25, Line 16(3)
Nothing in this part 4 authorizes the termination of tenancyPage 25, Line 17
andPage 25, Line 18agreement or lease agreement or eviction of a
residentialPage 25, Line 19solely because the
residentialvictimPage 25, Line 20(4) (a) If a tenant to a residential rental agreement or lease
Page 25, Line 21agreement, or a qualified third party described in subsection
Page 25, Line 22(2)(a.5)(I)(B) of this section, notifies the landlord that the tenant is a
Page 26, Line 1
victimPage 26, Line 2violence, or domestic abuse, the landlord
shallsuchPage 26, Line 3
factPage 26, Line 4with the express written consent of the
victimasPage 26, Line 5if the landlord
may beby lawPage 26, Line 6order.However, if the tenant provides written or actual notice
Page 26, Line 7to the landlord that the tenant is a victim-survivor and the
Page 26, Line 8tenant consents to the landlord sharing the information with
Page 26, Line 9the court, the landlord shall disclose the information to the
Page 26, Line 10court in any civil action on the complaint with the return of
Page 26, Line 11service filed with the court, or at any such time that the
Page 26, Line 12landlord becomes aware of the tenant's status as a victim-survivor.
Page 26, Line 13(b) If a tenant to a residential rental agreement or lease agreement
Page 26, Line 14terminates
his or herhe or shePage 26, Line 15the tenant is a
victimPage 26, Line 16stalking, domestic violence, or domestic abuse, and the tenant provides
Page 26, Line 17the landlord with a new address, the landlord
shallsuchPage 26, Line 18the address to any person except with the express written consent of
Page 26, Line 19the
victimasmay beby lawPage 26, Line 20(5) A landlord shall not inquire about, consider, or
Page 26, Line 21require disclosure of any information from a rental applicant
Page 26, Line 22regarding the applicant's status as a victim-survivor or
Page 26, Line 23experience with unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
Page 26, Line 24(6) This section does not prohibit a tenant from
Page 27, Line 1terminating the tenant's residential rental agreement or lease agreement prior to the court's entry of an eviction order.
Page 27, Line 2(7) (a) If a tenant to a residential rental agreement or
Page 27, Line 3lease agreement provides notice to the landlord that the
Page 27, Line 4tenant is a victim-survivor of unlawful sexual behavior,
Page 27, Line 5stalking, domestic violence, or domestic abuse and provides the
Page 27, Line 6landlord with the documentation required pursuant to
Page 27, Line 7subsection (2)(a.5) of this section, the landlord shall not
Page 27, Line 8prevent the tenant from changing the locks, or impose fees on,
Page 27, Line 9take any adverse action against, or otherwise retaliate against
Page 27, Line 10the tenant for changing the locks, including electronic locks,
Page 27, Line 11or prevent the tenant from taking any other reasonable safety
Page 27, Line 12precautions, including, but not limited to, installing window
Page 27, Line 13bars, cameras, or other non-permanent modifications to the
Page 27, Line 14dwelling unit. A landlord must take all steps reasonably
Page 27, Line 15necessary to ensure the safety of the dwelling unit in response
Page 27, Line 16to a tenant's safety concerns. Any provision in a residential
Page 27, Line 17rental agreement or lease agreement that prohibits a tenant
Page 27, Line 18from changing a lock as a safety precaution or taking other
Page 27, Line 19reasonable safety precautions is null and void and unenforceable.
Page 27, Line 20(b) It is not a material violation of the residential rental
Page 27, Line 21agreement or lease agreement pursuant to section 13-40-104
Page 27, Line 22(1)(e) or a substantial violation of the residential rental
Page 27, Line 23agreement or lease agreement pursuant to section 13-40-104
Page 27, Line 24(1)(d.5) if the tenant changes the locks, including electronic
Page 27, Line 25locks, or takes any other reasonable safety precautions,
Page 28, Line 1including, but not limited to, installing window bars, cameras, or other non-permanent modifications to the dwelling unit.
Page 28, Line 2(c) (I) If a tenant changes a lock, including an electronic
Page 28, Line 3lock, pursuant to this subsection (7), the tenant shall make all
Page 28, Line 4reasonable efforts to provide the landlord with a copy of the
Page 28, Line 5key, or the electronic code or other information needed to
Page 28, Line 6access an electronic lock, as soon as reasonably practicable
Page 28, Line 7but no later than fourteen days after the lock or electronic lock is changed.
Page 28, Line 8(II) If the landlord, property manager, or owner of the
Page 28, Line 9property is the person alleged to be responsible for the
Page 28, Line 10unlawful sexual behavior, stalking, domestic violence, or
Page 28, Line 11domestic abuse, the tenant shall make reasonable efforts to
Page 28, Line 12provide a copy of the key or electronic code to another person
Page 28, Line 13who has the authority to manage the property and who the
Page 28, Line 14tenant determines is safe, provided the person who is given a
Page 28, Line 15copy of the key or electronic code agrees not to share the key
Page 28, Line 16or electronic code with the landlord, property manager, or
Page 28, Line 17owner who is alleged to be responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
Page 28, Line 18(8) A tenant may bring a civil action against a landlord
Page 28, Line 19for a violation of this section in order to restrain further
Page 28, Line 20violations and recover damages, costs, and reasonable
Page 28, Line 21attorney fees. If the court finds a violation occurred, the court
Page 28, Line 22shall award the tenant statutory damages equal to the
Page 28, Line 23tenant's actual damages and the greater of either three times
Page 28, Line 24the monthly rent or five thousand dollars, as well as any
Page 29, Line 1punitive damages, other damages, attorney fees, and costs that may be owed to the tenant.
Page 29, Line 2SECTION 16. In Colorado Revised Statutes, 38-12-1302, amend (1)(d) as follows:
Page 29, Line 338-12-1302. Applicability. (1) This part 13 applies to every residential premises in the state; except that this part 13 does not apply to:
Page 29, Line 4(d) A residential premises that is leased to a tenant pursuant to an
Page 29, Line 5employer-provided housing agreement, as defined in section 13-40-104;
(5)(a);Page 29, Line 6SECTION 17. Effective date. This act takes effect upon passage; except that sections 3, 5, 6, 7, 8, and 11 take effect August 6, 2025.
Page 29, Line 7SECTION 18. Safety clause. The general assembly finds,
Page 29, Line 8determines, and declares that this act is necessary for the immediate
Page 29, Line 9preservation of the public peace, health, or safety or for appropriations for
Page 29, Line 10the support and maintenance of the departments of the state and state institutions.