In Colorado, it is against the law for a landlord to punish a tenant for reporting issues that affect the habitability or livability of the property. This blog post aims to assist tenants in understanding their rights concerning this rule against retaliation.
The Warranty of Habitability is a law that applies to every residential lease in Colorado. This law requires landlords to maintain the property in a safe and livable (i.e. “habitable”) condition, specifying conditions that render a property “uninhabitable,” such as broken plumbing or a lack of heat. To see the full list, visit C.R.S. 38-12-505. If such conditions arise, tenants can notify landlords in writing, or through any form of communication permitted by the lease, to request repairs. For more information on what types of issues make a property uninhabitable, how to give notice, what to include in the notice, and what to do if a landlord does not respond to the notice, visit https://www.fixmyrental.org/. Some tenants fear reporting such issues due to potential retaliation from landlords. However, the Warranty of Habitability provides specific protections against retaliation for tenants.
Under the Warranty of Habitability, landlords are prohibited from retaliating against tenants for reporting a legitimate concern about a property’s livability (i.e. “habitability”), or for notifying a third party like the health department about the condition. Retaliation can take various forms, but the law specifies certain actions by landlords that qualify as unlawful retaliation. These actions include raising rent, decreasing services, terminating or not renewing a lease, initiating or threatening eviction, intimidating or harassing, and attempting to charge fees or penalties. If a landlord takes any of these actions in response to a tenant’s good faith complaint about a habitability issue, it constitutes unlawful retaliation. The tenant does not need to prove that their complaint was the sole reason for the landlord’s actions, only that it was a motivating factor. This determination depends on the specific facts of each case. For example, if a tenant reports an issue and the landlord promptly terminates the lease, it may suggest a retaliatory motive. Another example is if the landlord tries to charge the tenant for repairs that are the landlord’s responsibility. These examples are not exhaustive but illustrate common scenarios leading to claims of retaliation under the Warranty of Habitability.
If a landlord does retaliate against a tenant in violation of this law, the tenant has several remedies. First, if a landlord retaliates by initiating an eviction action, the tenant may assert unlawful retaliation as a defense to the eviction. The tenant may also bring their own lawsuit against their landlord by filing a claim or counterclaim for money and/or requesting that the court issue an order (known as “injunctive relief”) to stop or compel certain actions by the landlord.
If you think your landlord has violated the Warranty of Habitability by retaliating against you for making a good faith complaint about an uninhabitable condition, or if you would like more information or assistance with this process, contact CPLP. You can contact us by completing an intake form using the Get Help tab at the top of the screen or by calling (303) 532-2641.
NOTE: This information does not, and is not intended to, constitute legal advice. Instead, all information is for general informational purposes only. No person should attempt to interpret or apply any law without the assistance of an attorney. Please contact an attorney should you wish to obtain advice concerning any particular legal matter. The opinions expressed in this communication are those of the authors and not those of the Colorado Poverty Law Project or its funding sources.
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