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Leyes de Vivienda
Basic info and definitions
¿A quién protege la ley de vivienda?
El estado de Colorado ofrece diversas leyes de vivienda/arrendamiento que protegen a las víctimas de violencia doméstica según definido en la sección 18-6-800.3(1) de la ley, maltrato doméstico según definido en la sección section 13-14-101(2) de la ley, comportamiento sexual ilegal según definido en la sección 16-22-102(9) de la ley, o acecho.
What is the definition of domestic violence?
For the purposes of Colorado’s housing laws, domestic violence is also known as intimate partner violence.1 This means that someone you have had or currently have an intimate relationship with has done either of the following against you:
- a pattern of violent behavior; or
- any act, attempted act, or threatened act of violence, stalking, harassment, or coercion.1
An intimate relationship is one between:
- current or former spouses
- current or former unmarried couples; or
- parents who share a child.2
A sexual relationship may indicate that you have an intimate relationship with the abuser, but it is not necessary.1
Domestic violence also means any crime committed against a person or property, including an animal, when used to do any of the following:
- coerce you;
- control you;
- punish you;
- intimidate you; or
- get revenge against you.3
1 Colo. Rev. Stat. §§ 38-12-401(3); 13-14-101(2.1)
2 Colo. Rev. Stat. § 18-6-800.3(2)
3 Colo. Rev. Stat. § 18-6-800.3(1)
What is the definition of domestic abuse?
For the purposes of Colorado’s housing laws, domestic abuse is any act, attempted act, or threat to do any of the following to you by someone you are living with or have lived with, or someone you are related to:
- violence;
- stalking;
- harassment; or
- coercion.1
It can also include any act, attempted act, or threatened act of violence against your children who are under 18, or any animal owned or kept by you, the abuser, or your children. If the target of the violence is the animal, then the abuser’s purpose must be to do any of the following to you or your child:
- coerce;
- control;
- punish;
- intimidate; or
- get revenge.1
1 Colo. Rev. Stat. §§ 38-12-401(2); 13-14-101(2)
What is the definition of unlawful sexual behavior?
For the purposes of Colorado’s housing laws, unlawful sexual behavior means any unwanted or nonconsensual sexual behavior, act, attempted act, or threatened act.1 This includes:
- any of the offenses listed in Section 16-22-102(9) of the law; and
- any of the offenses listed in Section 16-11.7-102(3) of the law.2
You do not have to have any particular relationship with the abuser for this behavior to qualify.3
1 Colo. Rev. Stat. §§ 38-12-401(6); 13-14-101(2.9)
2 Colo. Rev. Stat. §§ 16-11.7-102(3); 16-22-102(9)
3 Colo. Rev. Stat. § 13-14-101(2.9)
What is the definition of stalking?
For the purposes of Colorado’s housing laws, stalking can happen in two ways.1 In either situation, it can be done directly or indirectly through another person.2
- The first definition of stalking is when someone makes a “credible threat” that causes you to be in fear for your safety, or for the safety of your immediate family or intimate partner. As a way to make you afraid, the stalker must do one of the following to you, or to your immediate family or intimate partner:
- repeatedly follow, approach, contact, or watch you (put you under surveillance); or
- repeat any form of communication, such as phone calls, texts, or emails. It does not matter if any words are spoken or not – for example, the stalker can keep calling and hanging up.2
A “credible threat” means a threat, physical action, or repeated behavior that would cause a reasonable person to be in fear for their safety, or for the safety of their immediate family or intimate partner.3
- The second definition of stalking is when someone repeatedly does any of the following to you, your immediate family, or your intimate partner that causes serious emotional pain (distress):
- follows;
- approaches;
- contacts;
- places under surveillance; or
- uses any form of communication.4
“Immediate family” means your spouse, parent, grandparent, sibling, or child.5
The big difference between the two definitions is that the first one involves the stalker causing you to fear for the safety of you or your family and the second one does not. In the second one, the behavior must cause you to be seriously upset (distressed) but you don’t necessarily have to fear for your life or safety.
1 Colo. Rev. Stat. § 38-12-401(5)
2 Colo. Rev. Stat. § 18-3-602(1)(a), (b)
3 Colo. Rev. Stat. § 18-3-602(2)(b)
4 Colo. Rev. Stat. § 18-3-602(1)(c)
5 Colo. Rev. Stat. § 18-3-602(2)(c)
Who is a qualified third party?
To end your lease, you will need to give your landlord a letter from a “qualified third party.” This is someone you have gotten help from as a result of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. It includes, but is not limited to, any of the following people:
- an employee, agent, or volunteer of a victim-survivor service provider;
- an attorney;
- a social worker;
- a licensed doctor or nurse;
- a religious leader; or
- a mental health provider.1
1 Colo. Rev. Stat. §§ 38-12-401; 38-12-402(2)(a.5)(I)(B)
Housing law protections
What protections do these laws offer?
There are a number of protections in this law for a victim of domestic violence, domestic abuse, unlawful sexual behavior, or stalking:
- Your landlord cannot end (terminate) your lease, fine you, or punish you for calling the police or other emergency services. This rule covers situations where you called for help because of domestic violence, domestic abuse, unlawful sexual behavior, or stalking. Also, no matter what your lease says, you cannot give up your right to call the police or other emergency services for help.1
- You can end your lease early if you want to leave (vacate) your home because you think there is danger as a result of domestic violence, domestic abuse, unlawful sexual behavior, or stalking.2 You can do this even if the landlord has already filed an eviction case, as long as the judge has not yet entered an eviction order against you.3 See What documents do I need to give to my landlord to end my lease? to get more information about how to do this.
- You cannot be evicted solely because you are a victim of domestic violence, domestic abuse, unlawful sexual behavior, or stalking. However, you can still be evicted for other reasons.4
- Your landlord cannot ask for or consider any information about your status as a victim when you apply to live in their property.5
1 Colo. Rev. Stat. § 38-12-402(1)
2 Colo. Rev. Stat. § 38-12-402(2)(a), (2)(a.5)
3 Colo. Rev. Stat. § 38-12-402(6)
4 Colo. Rev. Stat. § 38-12-402(3)
5 Colo. Rev. Stat. § 38-12-402(5)
What documentation do I need to give my landlord to end my lease?
To end (terminate) your lease, you must do both of the following things:
- Tell your landlord in writing that you are a victim of domestic violence, domestic abuse, unlawful sexual behavior, or stalking; and
- Give your landlord one of the following documents:
- a self-attestation affidavit saying that you are the victim of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and that this incident is why you are ending your lease. Note: You must include the name of the abuser in this affidavit if you know it and you think it is safe to include it;
- a letter signed by a qualified third party stating that you asked for help from them and they believe this incident is a reason for ending the lease;
- a police report written within the past 120 days documenting the domestic violence, domestic abuse, unlawful sexual behavior, or stalking; or
- a valid civil or criminal protection order.1
1 Colo. Rev. Stat. § 38-12-402(2)(a), (2)(a.5)
Al terminar mi contrato de arrendamiento, ¿le deberé dinero al arrendador?
Usted podría deberle una cantidad de dinero equivalente a un mes de renta, si el/la arrendador/a ha perdido dinero por usted haber terminado su contrato antes de tiempo. El/la arrendador/a debe documentar el dinero (daños) que perdió. Este dinero se le deberá pagar a el/la arrendador/a dentro de 90 días de haberse ido de (desocupado) su casa. El/la arrendador/a se puede quedar con el depósito de seguridad hasta que usted pague ese mes de renta o puede usar el depósito para ir cubriendo el dinero que usted le debe.1
Lo que sucede frecuentemente es que el/la arrendador/a se queda con el depósito y lo regresa si logra alquilar la casa o el apartamento rápido y si no es necesario usar el depósito para reparar cualquier daño físico a la propiedad. Si el arrendador no puede alquilar la casa o el apartamento rápido, se quedará con el depósito en lugar de la renta que se debe.
1 Colo. Rev. Stat. § 38-12-402(2)(b)
What happens to my security deposit?
If the abuser is on the same lease that you are terminating, there is a “presumption” in the law that you will receive the full security deposit.1 The landlord can keep part of the security deposit only if:
- you did not pay in full:
- the prior rent that you owed;
- your utility charges; or
- any other lawful charges that were included in your lease; or
- there is necessary repair work for damage that happened while you lived there that is more than normal wear and tear, as long as that damage was not caused by the unlawful sexual assault, stalking, domestic violence, or domestic abuse.2
If the landlord claims any of these apply, they must give you a written statement listing the exact reasons when they return the rest of your security deposit.3
1 Colo. Rev. Stat. § 38-12-402(2)(b)
2 Colo. Rev. Stat. § 38-12-103(1)(b)
3 Colo. Rev. Stat. § 38-12-103(1)(a)
Can I change my locks or make other changes to the apartment for my safety?
You can change your locks if you give your landlord the same notice that you would give to end your lease. Once you have done that, your landlord cannot stop you, charge you any penalty, or take any other action against you because you changed the locks. Even if your lease says that you cannot change the locks, that section is void due to this law.1 The law does not explicitly say who must pay for the new lock, but it is likely if you decide to change it that you will have to pay for it.
You must give the landlord a copy of the new key or code within 14 days of when you change the locks. However, if your landlord is the person who committed the unlawful sexual assault, stalking, domestic violence, or domestic abuse, you don’t have to give them a copy. If you think it’s safe and they agree not to give the key to the landlord, you can give it to another person who has the authority to manage the property.2
You may also take any other “reasonable” safety precaution, such as:
- installing window bars;
- installing cameras; or
- making other non-permanent changes to the property.1
The landlord must also take all “reasonably necessary” steps to make sure your home is safe.1
1 Colo. Rev. Stat. § 38-12-402(7)(a)
2 Colo. Rev. Stat. § 38-12-402(7)(c)
La información que le digo a mi arrendador, ¿es confidencial?
El/la arrendador/a (casero/a) no puede decirle a nadie que usted es víctima de conducta sexual ilegal, acecho, violencia doméstica o maltrato doméstico, a menos que usted consienta o que la ley se lo requiera. Además, luego de terminar su arrendamiento, si le da su nueva dirección a su arrendador/a, él/ella no puede darle esa dirección a nadie a menos que usted consienta o que la ley se lo requiera.1
1 Colo. Rev. Stat. § 38-12-402(4)
What if my landlord violates this law?
You can sue your landlord in civil court for money (“damages”) if they do not allow you to end your lease, change your locks, or do anything else you have the right to do under this law. If you are successful, the judge can give you:
- statutory damages in the amount of your actual financial losses, plus whichever is higher: $5,000 or three times your monthly rent;
- punitive damages to punish the landlord for violating the law;
- other damages that the judge believes are appropriate;
- attorney’s fees; and
- costs.1
1 Colo. Rev. Stat. § 38-12-402(8)
