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.
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); and repeal (1)(j)(III) as follows:
Page 4, Line 713-40-104. Unlawful detention defined - definitions. (1) A
Page 4, Line 8person 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 subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section; or
Page 5, Line 10(IV) A letter signed by a qualified third party, including,
Page 5, Line 11but not limited to, an employee, agent, or volunteer of a
Page 5, Line 12victim-survivor service provider, an attorney, a social worker,
Page 5, Line 13a medical professional, a faith leader, or a mental health
Page 5, Line 14provider, as defined in section 38-12-401, from whom a tenant has
Page 5, Line 15sought assistance relating to unlawful sexual behavior,
Page 5, Line 16stalking, domestic violence, or domestic abuse. The letter must
Page 5, Line 17state that the qualified third party believes that the incident
Page 5, Line 18of unlawful sexual behavior, stalking, domestic violence, or
Page 5, Line 19domestic abuse occurred and is the cause of, contributed to, or
Page 5, Line 20resulted in the alleged unlawful detention described in subsection (1)(d), (1)(d.5), (1)(e), or (1)(e.5) of this section.
Page 5, Line 21(b) A person is not guilty of an unlawful detention of real property
Page 5, Line 22pursuant to
paragraph (a) of this subsection (4)Page 5, Line 23section, including for nonpayment of rent, if the tenant agrees
Page 6, Line 1to and remains compliant with the requirements described in
Page 6, Line 2subsection (4)(e) of this section and if the alleged violation of the
Page 6, Line 3rental or lease agreement
is a result ofPage 6, Line 4from unlawful sexual behavior, stalking, domestic violence, or domestic abuse against the tenant or lessee.
Page 6, Line 5(c) A rental, lease, or other
suchshallPage 6, Line 6a waiver
by the tenant or lesseePage 6, Line 7(d)
Nothing inshallPage 6, Line 8landlord from seeking judgment for possession against the tenant or
Page 6, Line 9lessee of the premises who
perpetuatedPage 6, Line 10unlawful sexual behavior, stalking, domestic violence, or
Page 6, Line 11domestic abuse that was the cause of, contributed to, or resulted in the alleged unlawful detention of real property.
Page 6, Line 12(e) (I) (A) If the tenant has been alleged to have
Page 6, Line 13committed unlawful detention of real property due to
Page 6, Line 14nonpayment or late payment of rent and the tenant has
Page 6, Line 15provided documentation pursuant to subsection (4)(a) of this
Page 6, Line 16section that the tenant is a victim-survivor, the landlord shall
Page 6, Line 17offer the tenant a repayment plan no later than forty-eight
Page 6, Line 18hours after serving a demand for unpaid rent or no later than
Page 6, Line 19forty-eight hours after receiving the documentation described
Page 6, Line 20in subsection (4)(a) of this section, whichever is later. The tenant
Page 6, Line 21may accept a repayment plan at any point prior to an order of
Page 6, Line 22judgment for possession or for monetary damages; except that
Page 6, Line 23a tenant may accept a repayment plan after an order of
Page 6, Line 24judgment for possession or for monetary damages if the
Page 7, Line 1landlord offers the repayment plan after the order is entered
Page 7, Line 2or less than forty-eight hours prior to the entry of the
Page 7, Line 3judgment and if the tenant accepts the repayment plan the
Page 7, Line 4court must vacate the order. A court shall not enter an order
Page 7, Line 5of judgment for possession or for monetary damages during the
Page 7, Line 6pendency of a repayment plan, except as provided in subsection
Page 7, Line 7(4)(e)(I)(B) of this section. A landlord's failure to offer a
Page 7, Line 8repayment plan pursuant to this subsection (4)(e)(I)(A) is an
Page 7, Line 9affirmative defense to an action for unlawful detainer. The
Page 7, Line 10repayment plan must be structured at the tenant's discretion
Page 7, Line 11and must include, at a minimum, a requirement that the tenant
Page 7, Line 12pay the full repayment of all lawfully owed rent and make
Page 7, Line 13payments on a monthly basis, and the repayment plan must
Page 7, Line 14include the amount that must be paid on a monthly basis. The
Page 7, Line 15repayment plan must not exceed eighteen months from the date the plan is established.
Page 7, Line 16(B) The tenant shall make payments according to the
Page 7, Line 17repayment plan schedule. Any payment made more than fourteen
Page 7, Line 18days after the date agreed upon for each payment installment
Page 7, Line 19is untimely. If a tenant fails to make a payment or makes three
Page 7, Line 20or more untimely payments, the landlord may serve, no sooner
Page 7, Line 21than ten days after the payment is untimely or is not made, the
Page 7, Line 22tenant with a notice of default demanding payment of all rent
Page 7, Line 23that remains lawfully owed A payment that is not made before
Page 7, Line 24the next monthly payment is due constitutes a failure to make
Page 7, Line 25a payment. If the tenant fails to make the payment of all
Page 7, Line 26remaining rent within ten days, the landlord may file a motion
Page 8, Line 1for judgment for possession. In an action for judgment for
Page 8, Line 2possession, the tenant may assert any available defenses for nonpayment of rent that may be applicable.
Page 8, Line 3(C) A landlord shall not charge a tenant any fees, interest, or penalties associated with a repayment plan.
Page 8, Line 4(II) If a tenant has satisfied the documentation
Page 8, Line 5requirements described in subsection (4)(a) of this section and
Page 8, Line 6the tenant relinquishes possession of the property, the tenant is
Page 8, Line 7entitled to repay any lawfully owed rent and is entitled to any
Page 8, Line 8other protections available pursuant to subsection (4)(e)(I) of
Page 8, Line 9this section, and the landlord shall not pursue a claim for
Page 8, Line 10monetary damages unless the tenant has failed to comply with the terms of the repayment plan.
Page 8, Line 11(5) As used in this section, unless the context otherwise requires:
Page 8, Line 12(a) "Domestic abuse" has the same meaning as set forth in section 38-12-401.
Page 8, Line 13(b) "Domestic violence" has the same meaning as set forth in section 38-12-401.
Page 8, Line 14
(a)Page 8, Line 15residential tenancy agreement between an employee and an employer when the employer or an affiliate of the employer acts as a landlord.
Page 8, Line 16
(b)Page 8, Line 17agreement leasing a single family home by a landlord who owns five or
Page 8, Line 18fewer single family rental homes and who provides notice in the
Page 8, Line 19agreement that a ten-day notice period required pursuant to this section does not apply to the tenancy entered into pursuant to the agreement.
Page 8, Line 20(e) "Stalking" has the same meaning as set forth in section 38-12-401.
Page 9, Line 1(f) "Unlawful sexual behavior" has the same meaning as set forth in section 38-12-401.
Page 9, Line 2(g) "Victim-survivor" has the same meaning as set forth in section 38-12-401.
Page 9, Line 3SECTION 3. In Colorado Revised Statutes, 13-40-106, add (4) as follows:
Page 9, Line 413-40-106. Written demand. (4) If the demand or notice
Page 9, Line 5required by section 13-40-104 or 38-12-1303 includes a demand
Page 9, Line 6for unpaid rent, the demand or notice must include a statement
Page 9, Line 7that if the tenant has experienced unlawful sexual behavior,
Page 9, Line 8stalking, domestic violence, or domestic abuse that has caused
Page 9, Line 9the tenant to miss a rent payment, the tenant may provide the
Page 9, Line 10landlord with documentation of the unlawful sexual behavior,
Page 9, Line 11stalking, domestic violence, or domestic abuse and is entitled to
Page 9, Line 12a repayment plan that allows the tenant to repay the unpaid rent over a period of time not to exceed eighteen months.
Page 9, Line 13SECTION 4. In Colorado Revised Statutes, 13-40-107.5, amend (5)(c); and add (1)(e) as follows:
Page 9, Line 1413-40-107.5. Termination of tenancy for substantial violation
Page 9, Line 15- definition - legislative declaration. (1) The general assembly finds and declares that:
Page 9, Line 16(e) A tenant who experiences unlawful sexual behavior,
Page 9, Line 17stalking, domestic violence, or domestic abuse is not responsible
Page 9, Line 18for the acts of the responsible party, especially when the
Page 9, Line 19responsible party exercises control over the tenant, and the
Page 9, Line 20tenant must not be unfairly penalized or suffer the undue loss of housing due to the acts of the responsible party.
Page 10, Line 1(5) (c) (I)
TheshallPage 10, Line 2possession
underPage 10, Line 3
victimPage 10, Line 4domestic violence,
as that term is defined in section 18-6-800.3, C.R.S.,Page 10, Line 5or
ofas that term is defined in section 13-14-101 (2),Page 10, Line 6which unlawful sexual behavior, stalking, domestic violence, or
Page 10, Line 7domestic abuse was the cause of, contributed to, or resulted in the
Page 10, Line 8alleged substantial violation and
whichPage 10, Line 9behavior, stalking, domestic violence, or domestic abuse has been documented pursuant to
the provisions set forth inPage 10, Line 10(II)
Nothing in this paragraph (c) shallPage 10, Line 11does not prevent
thePage 10, Line 12or lessee of the premises who
perpetuatedPage 10, Line 13unlawful sexual behavior, stalking, domestic violence, or
Page 10, Line 14domestic abuse that was the cause of, contributed to, or resulted in the alleged substantial violation.
Page 10, Line 15SECTION 5. In Colorado Revised Statutes, amend 13-40-108 as follows:
Page 10, Line 1613-40-108. Service of notice to vacate or demand. (1) Except
Page 10, Line 17as provided in subsection (2) of this section, a written notice to
Page 10, Line 18vacate or demand as required by section 13-40-104, 38-12-202,
Page 10, Line 1938-12-204, or 38-12-1303 may be served by delivering a copy of the
Page 10, Line 20notice to a known tenant occupying the premises, or by leaving
suchPage 10, Line 21copy with
someabove thePage 10, Line 22
age of fifteen yearsPage 10, Line 23on or in charge of the premises, or, in case no one is on the premises after
Page 11, Line 1attempts at personal service at least once on two separate days, by posting the copy in
somePage 11, Line 2(2) If a tenant provides the landlord with written or
Page 11, Line 3actual notice that the tenant is a victim-survivor of unlawful
Page 11, Line 4sexual behavior, stalking, domestic violence, or domestic abuse,
Page 11, Line 5the landlord shall only perfect service described in subsection
Page 11, Line 6(1) of this section through personal service to the tenant who provided the written or actual notice.
Page 11, Line 7SECTION 6. In Colorado Revised Statutes, 13-40-110.5, amend (3) as follows:
Page 11, Line 813-40-110.5. Automatic suppression of court records -
Page 11, Line 9definition. (3) (a) Except as provided in subsections (3)(b) and
Page 11, Line 10(3)(c) of this section, when an order granting the plaintiff possession
Page 11, Line 11of the premises is entered in an action to which this section applies, the
Page 11, Line 12record is no longer a suppressed court record and the court shall make the
Page 11, Line 13record available to the public unless the parties to the action agree that the
Page 11, Line 14record
shouldshouldPage 11, Line 15(b) If a defendant in an action pursuant to this article 40
Page 11, Line 16asserts a defense pursuant to section 13-40-104 (4)(a) and
Page 11, Line 17provides the required documentation, the record must remain
Page 11, Line 18suppressed, even if an order granting the plaintiff possession of the premises is entered.
Page 11, Line 19(c) A defendant who is a victim-survivor pursuant to
Page 11, Line 20section 13-40-104 may file a motion or petition to suppress a
Page 11, Line 21court record related to an action for possession, including a
Page 11, Line 22record that predates the effective date of this section. Upon
Page 12, Line 1receiving a motion or petition to suppress, the court shall
Page 12, Line 2suppress any related records if a tenant provides one or more of
Page 12, Line 3the documents described in section 13-40-104 (4)(a) and asserts
Page 12, Line 4that public access to the records poses a risk to the defendant's
Page 12, Line 5safety or the safety of a family member of the defendant's household.
Page 12, Line 6SECTION 7. In Colorado Revised Statutes, 13-40-111, amend (6)(b); and add (6)(d) and (6)(e) as follows:
Page 12, Line 713-40-111. Issuance and return of summons. (6) A summons issued pursuant to this section must also contain:
Page 12, Line 8(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 12, Line 9(d) A statement, in bold-faced type, that informs the
Page 12, Line 10defendant that if the defendant has experienced unlawful
Page 12, Line 11sexual behavior, stalking, domestic violence, or domestic abuse
Page 12, Line 12that was the cause of, contributed to, or resulted in an alleged
Page 12, Line 13lease violation that is the subject of the action for possession,
Page 12, Line 14a defense may exist and the tenant may be entitled to a
Page 12, Line 15repayment plan pursuant to section 13-40-104 (4)(e) for any rent that remains lawfully owed; and
Page 12, Line 16(e) Information about how to enroll in the address
Page 12, Line 17confidentiality program pursuant to part 21 of article 30 of title 24.
Page 12, Line 18SECTION 8. In Colorado Revised Statutes, 13-40-112, amend (1) and (2) as follows:
Page 12, Line 1913-40-112. Service. (1)
SuchPage 12, Line 20personal service as in any civil action. A copy of the complaint must be
Page 13, Line 1served with the summons. If a defendant provides the plaintiff with
Page 13, Line 2written or actual notice that the defendant is a victim-survivor
Page 13, Line 3of unlawful sexual behavior, stalking, domestic violence, or
Page 13, Line 4domestic abuse, the plaintiff shall only perfect service through
Page 13, Line 5personal service to the defendant who provided the written or actual notice.
Page 13, Line 6(2) Except as provided in subsection (1) of this section, if
Page 13, Line 7personal service cannot be
hadPage 13, Line 8qualified under the Colorado rules of civil procedure to serve process,
Page 13, Line 9after having made diligent effort to make
suchsuchPage 13, Line 10the person may make service by posting a copy of the summons and the
Page 13, Line 11complaint in some conspicuous place upon the premises. In addition,
Page 13, Line 12
thereto,Page 13, Line 13following the day on which
he or shePage 13, Line 14a copy of the summons, or, in the event that an alias summons is issued,
Page 13, Line 15a copy of the alias summons, and a copy of the complaint to the defendant at the premises by postage prepaid, first-class mail.
Page 13, Line 16SECTION 9. In Colorado Revised Statutes, 13-40-113, amend (1), (2), and (4)(a); and add (4)(a.5) as follows:
Page 13, Line 1713-40-113. Answer of defendant - additional and amended
Page 13, Line 18pleadings. (1) (a) The defendant shall file with the court, at or before the
Page 13, Line 19day specified for the defendant's appearance in the summons, an answer
Page 13, Line 20in writing. The defendant's answer must set forth the grounds on which
Page 13, Line 21the defendant bases the defendant's claim for possession, admitting or
Page 13, Line 22denying all of the material allegations of the complaint, and presenting
Page 13, Line 23every defense
whichPage 13, Line 24intends to rely, either by including the same in the defendant's answer or by simultaneously filing motions setting forth
every suchPage 14, Line 1(b) If the defendant asserts by motion that the defendant
Page 14, Line 2did not timely file an answer in writing because the defendant
Page 14, Line 3is a victim-survivor of unlawful sexual behavior, stalking,
Page 14, Line 4domestic violence, or domestic abuse and did not receive or have
Page 14, Line 5a reasonable opportunity to review the summons and complaint
Page 14, Line 6or the defendant was otherwise unable to appear, the court
Page 14, Line 7shall relieve the defendant from final judgment and vacate any
Page 14, Line 8judgment or writ of restitution that may have been issued and
Page 14, Line 9provide the defendant with a reasonable amount of time, no less than seven days, to submit an answer to the complaint.
Page 14, Line 10(2) The court for good cause may permit the filing of additional
Page 14, Line 11and amended pleadings if it will not result in a delay prejudicial to the
Page 14, Line 12defendant. If the defendant asserts a defense described in section
Page 14, Line 1313-40-104 (4)(a), the court shall permit the filing of additional and amended pleadings.
Page 14, Line 14(4) After an answer is provided to the court pursuant to this section:
Page 14, Line 15(a) The court shall set a date for trial no sooner than seven days,
Page 14, Line 16but not more than ten days, after the answer is filed, unless the defendant
Page 14, Line 17requests a waiver of
thisPage 14, Line 18after filing an answer; except that a court may extend beyond ten days if
Page 14, Line 19either party demonstrates good cause for an extension, if the court
Page 14, Line 20otherwise finds justification for the extension, or if a party participating
Page 14, Line 21remotely pursuant to section 13-40-113.5 was disconnected and unable
Page 14, Line 22to reestablish connection. The requirement set forth in this subsection
Page 14, Line 23(4)(a) does not apply to a forcible entry and detainer petition that alleges
Page 15, Line 1a substantial violation, as defined in section 13-40-107.5 (3), or
Page 15, Line 2terminates a tenancy pursuant to section 38-12-203 (1)(f), unless the
Page 15, Line 3alleged substantial violation or termination of tenancy is a
Page 15, Line 4result of unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
Page 15, Line 5(a.5) If a defendant in an action filed pursuant to this
Page 15, Line 6article 40 asserts a defense described in section 13-40-104 (4)(a)
Page 15, Line 7and requests an extension of a scheduled trial date, the court
Page 15, Line 8shall find good cause exists to extend the trial date beyond ten
Page 15, Line 9days after the answer is filed and shall make all reasonable
Page 15, Line 10efforts to schedule the trial date to accommodate any safety concerns raised by the defendant requesting the extension.
Page 15, Line 11SECTION 10. In Colorado Revised Statutes, 13-40-115, amend (4) introductory portion as follows:
Page 15, Line 1213-40-115. Judgment - writ of restitution - cure period. (4) A
Page 15, Line 13landlord who provides a tenant with proper notice of nonpayment shall
Page 15, Line 14accept payment of the tenant's full payment of all amounts lawfully due
Page 15, Line 15according to the notice, as well as any rent that remains due under the
Page 15, Line 16rental agreement or that remains due pursuant to a repayment
Page 15, Line 17plan established pursuant to section 13-40-104 (4)(e), at any time
Page 15, Line 18until a judge issues a judgment for possession pursuant to subsection (1)
Page 15, Line 19or (2) of this section. A tenant may pay this amount to either the landlord
Page 15, Line 20or to the court. Once a court has confirmation that the full amount has been timely paid, the court shall:
Page 15, Line 21SECTION 11. In Colorado Revised Statutes, 13-40-122, amend (1)(a) introductory portion; and add (1)(a.5) as follows:
Page 15, Line 2213-40-122. Writ of restitution after judgment - definitions.
Page 16, Line 1(1) (a) Except as provided in subsection (1)(a.5) of this section, a
Page 16, Line 2court shall not issue a writ of restitution upon any judgment entered in
Page 16, Line 3any action pursuant to this article 40 until forty-eight hours after the time
Page 16, Line 4of the entry of the judgment. If the writ of restitution concerns a
Page 16, Line 5residential tenant who receives supplemental security income, social
Page 16, Line 6security disability insurance under Title II of the federal "Social Security
Page 16, Line 7Act", 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through
Page 16, Line 8the Colorado works program created in part 7 of article 2 of title 26, the
Page 16, Line 9writ must specify that the writ is not executable for thirty days after entry
Page 16, Line 10of judgment pursuant to subsection (1)(b) of this section; except in the case:
Page 16, Line 11(a.5) If the writ of restitution concerns a residential
Page 16, Line 12tenant who asserts a defense pursuant to section 13-40-104 (4)(a)
Page 16, Line 13and provides the required documentation, the writ must not be
Page 16, Line 14executable for thirty days after entry of judgment and must be
Page 16, Line 15executed by the officer in the daytime between sunrise and sunset.
Page 16, Line 16SECTION 12. In Colorado Revised Statutes, 38-12-103, amend (1) as follows:
Page 16, Line 1738-12-103. Return of security deposit. (1) A landlord shall,
Page 16, Line 18within one month after the termination of a lease or surrender and
Page 16, Line 19acceptance of the premises, whichever occurs last, return to the tenant the
Page 16, Line 20full security deposit deposited with the landlord by the tenant, unless the
Page 16, Line 21lease agreement specifies a longer period of time, but not to exceed sixty
Page 16, Line 22days.
Noshall bePage 16, Line 23
retainedPage 16, Line 24lease pursuant to section 38-12-402 (2)(a) and provides the
Page 17, Line 1documentation required pursuant to section 38-12-402 (2)(a.5),
Page 17, Line 2the tenant is not liable for damage to the dwelling unit caused
Page 17, Line 3by the responsible party or during the course of an incident of
Page 17, Line 4unlawful sexual behavior, stalking, domestic violence, or
Page 17, Line 5domestic abuse, and any amount of money that the landlord
Page 17, Line 6retains from the security deposit must comply with section
Page 17, Line 738-12-402 (2)(b). In the event that actual cause exists for retaining any
Page 17, Line 8portion of the security deposit, the landlord shall provide the tenant with
Page 17, Line 9a written statement listing the exact reasons for the retention of any
Page 17, Line 10portion of the security deposit. When the statement is delivered, it
shallPage 17, Line 11must be accompanied by payment of the difference between any sum
Page 17, Line 12deposited and the amount retained.
ThePage 17, Line 13complied with this section by mailing
saidPage 17, Line 14payment required to the last-known address of the tenant.
Nothing inPage 17, Line 15section
shallthePage 17, Line 16deposit for nonpayment of rent, abandonment of the premises, or
Page 17, Line 17nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
Page 17, Line 18SECTION 13. In Colorado Revised Statutes, 38-12-401, amend (3), (4), and (6); and add (4.5), (5.5), (7), and (8) as follows:
Page 17, Line 1938-12-401. Definitions. As used in this part 4, unless the context otherwise requires:
Page 17, Line 20(3) "Domestic violence"
has the same meaning as providedPage 17, Line 21the conduct described in section 18-6-800.3 (1) or any conduct described in section 13-14-101 (2.1).
Page 17, Line 22(4) "Medical professional" means a person licensed to practice
Page 17, Line 23medicine pursuant to article 240 of title 12, or a person licensed and in
Page 18, Line 1good standing to practice medicine in another state, or a person
Page 18, Line 2licensed to practice nursing or as a certified midwife pursuant to part 1 of article 255 of title 12 or in another state.
Page 18, Line 3(4.5) "Mental health provider" means an employee, agent,
Page 18, Line 4or volunteer of a victim-survivor service provider, an attorney,
Page 18, Line 5a medical professional, a mental health professional licensed or
Page 18, Line 6certified pursuant to article 245 of title 12, a peer support
Page 18, Line 7specialist, as defined in section 27-60-108, or a mental health hospital, behavioral health entity, clinic, or institution.
Page 18, Line 8(5.5) "Tenant" has the same meaning as set forth in section
Page 18, Line 938-12-502 and includes "home owners", as defined in section 38-12-201.5.
Page 18, Line 10(6) "Unlawful sexual behavior" means the criminal
offensePage 18, Line 11
describedPage 18, Line 12(7) "Victim-survivor" means a residential tenant who has
Page 18, Line 13provided documentation required pursuant to section 38-12-402(2)(a.5).
Page 18, Line 14(8) "Victim-survivor service provider" means an
Page 18, Line 15organization or individual that provides services to
Page 18, Line 16victim-survivors of unlawful sexual behavior, stalking,
Page 18, Line 17domestic violence, or domestic abuse, including victim's advocates as described in section 13-90-107 (1)(k)(II).
Page 18, Line 18SECTION 14. In Colorado Revised Statutes, amend 38-12-402 as follows:
Page 18, Line 1938-12-402. Protection for victim-survivors of unlawful sexual
Page 18, Line 20behavior, stalking, domestic violence, or domestic abuse. (1) A
Page 19, Line 1landlord shall not include in a residential rental agreement or lease
Page 19, Line 2agreement for housing a provision authorizing the landlord to terminate
Page 19, Line 3the agreement, or to impose a penalty on or take any adverse action
Page 19, Line 4against a
residentialresidentialPage 19, Line 5peace officer assistance or other emergency assistance in response to a
Page 19, Line 6situation involving unlawful sexual behavior, stalking, domestic
Page 19, Line 7violence, or domestic abuse.
unlawful sexual behavior, or stalking. APage 19, Line 8
residential tenant may not waivePage 19, Line 9lease agreement, or other agreement must not contain a waiver
Page 19, Line 10of the
residentialPage 19, Line 11(2) (a) If a tenant to a residential rental agreement or lease
Page 19, Line 12agreement, or a qualified third party described in subsection
Page 19, Line 13(2)(a.5)(I)(B) of this section, notifies the landlord in writing that
he orPage 19, Line 14
shevictimPage 19, Line 15behavior, stalking, domestic violence, or domestic abuse and provides to
Page 19, Line 16the landlord evidence of unlawful sexual behavior, stalking, domestic
Page 19, Line 17violence, or domestic abuse
victimizationPage 19, Line 18(2)(a.5) of this section, and the
residentialseeksPage 19, Line 19the premises due to fear of
imminentfor self or childrenPage 19, Line 20of the unlawful sexual behavior, stalking, domestic violence, or domestic
Page 19, Line 21abuse, then the
residentialPage 19, Line 22agreement or lease agreement and vacate the premises without further
Page 19, Line 23obligation except as otherwise provided in subsection (2)(b) of this section.
Page 19, Line 24(a.5) (I) For the purposes of subsection (2)(a) of this section,
Page 19, Line 25
(I)he or shevictimPage 20, Line 1victim-survivor of unlawful sexual behavior, stalking, domestic
Page 20, Line 2violence, or domestic abuse, a tenant may provide to
his or herPage 20, Line 3landlord
a police report written within the prior sixty days, a validPage 20, Line 4
protection order, or a written statement from a medical professional orPage 20, Line 5
application assistant who has examined or consulted with the victim, which written statement confirms such fact; andPage 20, Line 6
(II) To provide evidence that he or she is a victim of stalking, aPage 20, Line 7
tenant may provide to his or her landlord a police report written within thePage 20, Line 8
prior sixty days, a valid protection order, or a written statement from anPage 20, Line 9
application assistant who has consulted with the victim, which written statement confirms such factPage 20, Line 10(A) A self-attestation affidavit that states the tenant is
Page 20, Line 11a victim-survivor of unlawful sexual behavior, stalking,
Page 20, Line 12domestic violence, or domestic abuse and that the incident of
Page 20, Line 13unlawful sexual behavior, stalking, domestic violence, or
Page 20, Line 14domestic abuse is the cause of, or contributed to, termination of the residential tenancy;
Page 20, Line 15(B) A letter signed by a qualified third party, including,
Page 20, Line 16but not limited to, an employee, agent, or volunteer of a
Page 20, Line 17victim-survivor service provider, an attorney, a social worker,
Page 20, Line 18a medical professional, a faith leader, or a mental health
Page 20, Line 19provider from whom a tenant has sought assistance relating to
Page 20, Line 20unlawful sexual behavior, stalking, domestic violence, or
Page 20, Line 21domestic abuse. The letter must state that the qualified third
Page 20, Line 22party believes that the incident of unlawful sexual behavior,
Page 20, Line 23stalking, domestic abuse, or domestic violence occurred and is
Page 20, Line 24the grounds for termination of the residential tenancy;
Page 21, Line 1(C) A police report from the prior one hundred and
Page 21, Line 2twenty days that states the tenant reported unlawful sexual behavior, stalking, domestic violence, or domestic abuse; or
Page 21, Line 3(D) A valid civil, criminal, or emergency protection order
Page 21, Line 4or restraining order issued pursuant to article 14 or article 14.5 of title 13 or section 18-1-1001.
Page 21, Line 5(II) Additional or other documentation is not required to qualify the tenant as a victim-survivor.
Page 21, Line 6(b) If a tenant to a residential rental agreement or lease agreement
Page 21, Line 7terminates the residential rental agreement or lease agreement and vacates
Page 21, Line 8the premises pursuant to subsection (2)(a) of this section and if the
Page 21, Line 9landlord has incurred economic damages as a direct result of
Page 21, Line 10the tenant's early termination of the agreement and the
Page 21, Line 11landlord has provided documentation of the landlord's
Page 21, Line 12incurred economic damages to the tenant within thirty days
Page 21, Line 13after termination of the agreement, then the tenant is responsible
Page 21, Line 14for an amount not to exceed one month's rent following vacation of
Page 21, Line 15the premises, which amount is due and payable to the landlord within
Page 21, Line 16ninety days after the tenant vacates the premises; except that, if
Page 21, Line 17another tenant remains on the residential rental agreement or
Page 21, Line 18lease agreement after the victim-survivor terminates the
Page 21, Line 19agreement, the landlord shall not collect the one month's rent
Page 21, Line 20from the victim-survivor. The landlord is not obligated to refund the
Page 21, Line 21security deposit to the tenant until the tenant has paid the one month's rent
Page 21, Line 22pursuant to this section.
Notwithstanding the provisions of sectionPage 21, Line 23
38-12-103, the landlord and the tenant to a residential rental agreementPage 21, Line 24
or lease agreement may use any amounts owed to the other to offset costsPage 22, Line 1
for the one month's rent, or the security deposit. The provisions of thisPage 22, Line 2
subsection (2)(b) apply only if the landlord has experienced andPage 22, Line 3
documented damages equal to at least one month's rent as a result of thePage 22, Line 4
tenant's early termination of the agreement.Page 22, Line 5responsible party are both parties to the residential rental
Page 22, Line 6agreement or lease agreement, there is a presumption that the
Page 22, Line 7victim-survivor receives the full security deposit, less any
Page 22, Line 8amount lawfully withheld pursuant to section 38-12-103, as
Page 22, Line 9determined at the end of the victim-survivor's tenancy. A
Page 22, Line 10landlord must not deduct from a security deposit or otherwise
Page 22, Line 11charge a victim-survivor for damages incurred due to the
Page 22, Line 12unlawful sexual behavior, stalking, domestic violence, or
Page 22, Line 13domestic abuse experienced by a victim-survivor, and the
Page 22, Line 14landlord may only pursue compensation for the damages from the responsible party.
Page 22, Line 15(c) For a landlord to seek compensation that includes,
Page 22, Line 16but does not exceed, one month's rent pursuant to subsection
Page 22, Line 17(2)(b) of this section, the landlord shall provide a written
Page 22, Line 18statement of actual damages as a direct result of the tenant's
Page 22, Line 19early termination of the residential rental agreement or lease
Page 22, Line 20agreement within thirty days after the date of the tenant's
Page 22, Line 21notice of termination. A landlord's failure to provide the
Page 22, Line 22written statement of damages incurred within thirty days after
Page 22, Line 23the date of the tenant's notice of termination is a forfeiture of
Page 22, Line 24the landlord's right to charge or collect any future rent
Page 22, Line 25following a tenant's early termination of the residential rental
Page 22, Line 26agreement or lease agreement pursuant to this section.
Page 23, Line 1(d) (I) A landlord shall not assign a debt allegedly owed
Page 23, Line 2pursuant to subsection (2)(b) of this section by a victim-survivor to a third-party debt collector unless the landlord:
Page 23, Line 3(A) Complies with the requirements described in subsections (2)(b) and (2)(c) of this section; and
Page 23, Line 4(B) Provides at least ninety days' written notice to the
Page 23, Line 5victim-survivor expressing the landlord's intent to assign the
Page 23, Line 6debt to a third-party debt collector. The written notice must be
Page 23, Line 7provided through any method of communication that a
Page 23, Line 8victim-survivor requests for correspondence, or if no method
Page 23, Line 9was provided, through the last-known electronic
Page 23, Line 10communication contact information, which may include the victim-survivor's email address.
Page 23, Line 11(II) A landlord shall not assign a debt to a third party if
Page 23, Line 12a victim-survivor complies with the lawful notice seeking
Page 23, Line 13collection of the unpaid rent that is made pursuant to
Page 23, Line 14subsection (2)(b) of this sectionand this subsection (2)(d) before
Page 23, Line 15the expiration of the ninety-day notice required pursuant to subsection (2)(d)(I)(B) of this section.
Page 23, Line 16(III) A violation of this subsection (2)(d) is a violation of
Page 23, Line 17the "Colorado Fair Debt Collection Practices Act", article 16 of title 5.
Page 23, Line 18(3)
Nothing in this part 4 authorizes the termination of tenancyPage 23, Line 19
andPage 23, Line 20agreement or lease agreement or eviction of a
residentialPage 23, Line 21solely because the
residentialvictimPage 23, Line 22unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
Page 24, Line 1(4) (a) If a tenant to a residential rental agreement or lease
Page 24, Line 2agreement, or a qualified third party described in subsection
Page 24, Line 3(2)(a.5)(I)(B) of this section, notifies the landlord that the tenant is a
Page 24, Line 4
victimPage 24, Line 5violence, or domestic abuse, the landlord
shallsuchPage 24, Line 6
factPage 24, Line 7with the express written consent of the
victimasPage 24, Line 8if the landlord
may beby lawPage 24, Line 9(b) If a tenant to a residential rental agreement or lease agreement
Page 24, Line 10terminates
his or herhe or shePage 24, Line 11the tenant is a
victimPage 24, Line 12stalking, domestic violence, or domestic abuse, and the tenant provides
Page 24, Line 13the landlord with a new address, the landlord
shallsuchPage 24, Line 14the address to any person except with the express written consent of
Page 24, Line 15the
victimasmay beby lawPage 24, Line 16(5) A landlord shall not inquire about, consider, or
Page 24, Line 17require disclosure of any information from a rental applicant
Page 24, Line 18regarding the applicant's status as a victim-survivor or
Page 24, Line 19experience with unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
Page 24, Line 20(6) This section does not prohibit a tenant from
Page 24, Line 21terminating the tenant's residential rental agreement or lease agreement prior to the court's entry of an eviction order.
Page 24, Line 22(7) (a) If a tenant to a residential rental agreement or
Page 24, Line 23lease agreement provides notice to the landlord that the
Page 25, Line 1tenant is a victim-survivor of unlawful sexual behavior,
Page 25, Line 2stalking, domestic violence, or domestic abuse and provides the
Page 25, Line 3landlord with the documentation required pursuant to
Page 25, Line 4subsection (2)(a.5) of this section, the landlord shall not
Page 25, Line 5prevent the tenant from changing the locks, or impose fees on,
Page 25, Line 6take any adverse action against, or otherwise retaliate against
Page 25, Line 7the tenant for changing the locks, including electronic locks,
Page 25, Line 8or prevent the tenant from taking any other reasonable safety
Page 25, Line 9precautions, including, but not limited to, installing window
Page 25, Line 10bars, cameras, or other non-permanent modifications to the
Page 25, Line 11dwelling unit. A landlord must take all steps reasonably
Page 25, Line 12necessary to ensure the safety of the dwelling unit in response
Page 25, Line 13to a tenant's safety concerns. Any provision in a residential
Page 25, Line 14rental agreement or lease agreement that prohibits a tenant
Page 25, Line 15from changing a lock as a safety precaution or taking other
Page 25, Line 16reasonable safety precautions is null and void and unenforceable.
Page 25, Line 17(b) It is not a material violation of the residential rental
Page 25, Line 18agreement or lease agreement pursuant to section 13-40-104
Page 25, Line 19(1)(e) or a substantial violation of the residential rental
Page 25, Line 20agreement or lease agreement pursuant to section 13-40-104
Page 25, Line 21(1)(d.5) if the tenant changes the locks, including electronic
Page 25, Line 22locks, or takes any other reasonable safety precautions,
Page 25, Line 23including, but not limited to, installing window bars, cameras, or other non-permanent modifications to the dwelling unit.
Page 25, Line 24(8) A tenant may bring a civil action against a landlord
Page 25, Line 25for a violation of this section in order to restrain further
Page 26, Line 1violations and recover damages, costs, and reasonable
Page 26, Line 2attorney fees. If the court finds a violation occurred, the court
Page 26, Line 3shall award the tenant statutory damages equal to the
Page 26, Line 4tenant's actual damages and the greater of either three times
Page 26, Line 5the monthly rent or five thousand dollars, as well as any
Page 26, Line 6punitive damages, other damages, attorney fees, and costs that may be owed to the tenant.
Page 26, Line 7SECTION 15. In Colorado Revised Statutes, 38-12-1302, amend (1)(d) as follows:
Page 26, Line 838-12-1302. Applicability. (1) This part 13 applies to every residential premises in the state; except that this part 13 does not apply to:
Page 26, Line 9(d) A residential premises that is leased to a tenant pursuant to an
Page 26, Line 10employer-provided housing agreement, as defined in section 13-40-104;
(5)(a);Page 26, Line 11SECTION 16. Safety clause. The general assembly finds,
Page 26, Line 12determines, and declares that this act is necessary for the immediate
Page 26, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 26, Line 14the support and maintenance of the departments of the state and state institutions.