1. (1) A landlord shall not include in a residential rental agreement or lease agreement for housing a provision authorizing the landlord to terminate the agreement, or to impose a penalty on or take any adverse action against a tenant, for calls made by the tenant for peace officer assistance or other emergency assistance in response to a situation involving unlawful sexual behavior, stalking, domestic violence, or domestic abuse. A residential rental agreement, lease agreement, or other agreement must not contain a waiver of the tenant's right to call for police or other emergency assistance.

2. (2)

   1. (a) If a tenant to a residential rental agreement or lease agreement, or a qualified third party described in subsection (2)(a.5)(I)(B) of this section, notifies the landlord in writing that the tenant is the victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and provides to the landlord evidence of unlawful sexual behavior, stalking, domestic violence, or domestic abuse as described in subsection (2)(a.5) of this section, and the tenant intends to vacate the premises due to fear of danger because of the unlawful sexual behavior, stalking, domestic violence, or domestic abuse, then the tenant may terminate the residential rental agreement or lease agreement and vacate the premises without further obligation except as otherwise provided in subsection (2)(b) of this section.

   2. (a.5)

      1. (I) For the purposes of subsection (2)(a) of this section, to provide evidence that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, a tenant may provide to the landlord at least one of the following:

         1. (A) A self-attestation affidavit that states the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and that the incident of unlawful sexual behavior, stalking, domestic violence, or domestic abuse is the cause of, or contributed to, termination of the residential tenancy. If a landlord receives documentation pursuant to this subsection (2)(a.5)(I) that contains conflicting information, the landlord may require a tenant to submit a letter signed by a qualified third party pursuant to this subsection (2)(a.5)(I)(B). The self-attestation affidavit must include the name of the party who is allegedly responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse, if the name of the party is known and if the tenant determines it is safe to provide.
         2. (B) A letter signed by a qualified third party, including, but not limited to, an employee, agent, or volunteer of a victim-survivor service provider, an attorney, a social worker, a medical professional, a faith leader, or a mental health provider from whom a tenant has sought assistance relating to unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The letter must state that the qualified third party believes that the incident of unlawful sexual behavior, stalking, domestic abuse, or domestic violence occurred and is the grounds for termination of the residential tenancy;
         3. (C) A police report from the prior one hundred twenty days that states the tenant reported unlawful sexual behavior, stalking, domestic violence, or domestic abuse; or
         4. (D) A valid civil, criminal, or emergency protection order or restraining order issued pursuant to article 14 or article 14.5 of title 13 or section 18-1-1001.
      2. (II) Additional or other documentation is not required to qualify the tenant as a victim-survivor. If a tenant seeks to exercise the rights pursuant to this section but has not provided the documentation required pursuant to subsection (2)(a.5)(I) of this section, the tenant shall provide the required documentation to the landlord within seven days after the landlord's written request.
      3. (b) If a tenant to a residential rental agreement or lease agreement terminates the residential rental agreement or lease agreement and vacates the premises pursuant to subsection (2)(a) of this section and if the landlord has incurred economic damages as a direct result of the tenant's early termination of the agreement and the landlord has provided documentation of the landlord's incurred economic damages to the tenant within thirty days after termination of the agreement, then the tenant is responsible for an amount not to exceed one month's rent following vacation of the premises, which amount is due and payable to the landlord within ninety days after the tenant vacates the premises; except that, if another tenant remains on the residential rental agreement or lease agreement after the victim-survivor terminates the agreement, the landlord shall not collect the one month's rent from the victim-survivor. The landlord is not obligated to refund the security deposit to the tenant until the tenant has paid the one month's rent pursuant to this section. If the victim-survivor and responsible party are both parties to the residential rental agreement or lease agreement, there is a presumption that the victim-survivor receives the full security deposit, less any amount lawfully withheld pursuant to section 38-12-103, as determined at the end of the victim-survivor's tenancy. A landlord must not deduct from a security deposit or otherwise charge a victim-survivor for damages incurred due to the unlawful sexual behavior, stalking, domestic violence, or domestic abuse experienced by a victim-survivor, and the landlord may only pursue compensation for the damages from the responsible party.
      4. (c) For a landlord to seek compensation that includes, but does not exceed, one month's rent pursuant to subsection (2)(b) of this section, the landlord shall provide a written statement of actual damages as a direct result of the tenant's early termination of the residential rental agreement or lease agreement within thirty days after the date the tenant vacates the property. A landlord's failure to provide the written statement of damages incurred within thirty days after the date the tenant vacates the property is a forfeiture of the landlord's right to charge or collect any future rent following a tenant's early termination of the residential rental agreement or lease agreement pursuant to this section.

      5. (d)

         1. (I) A landlord shall not assign a debt allegedly owed pursuant to subsection (2)(b) of this section by a victim-survivor to a third-party debt collector unless the landlord:

            1. (A) Complies with the requirements described in subsections (2)(b) and (2)(c) of this section; and
            2. (B) Provides at least ninety days' written notice to the victim-survivor expressing the landlord's intent to assign the debt to a third-party debt collector. The written notice must be provided through any method of communication that a victim-survivor requests for correspondence, or if no method was provided, through the last-known electronic communication contact information, which may include the victim-survivor's email address.
         2. (II) A landlord shall not assign a debt to a third party if a victim-survivor complies with the lawful notice seeking collection of the unpaid rent that is made pursuant to subsection (2)(b) of this section and this subsection (2)(d) before the expiration of the ninety-day notice required pursuant to subsection (2)(d)(I)(B) of this section.
3. (3) A landlord shall not terminate a residential rental agreement or lease agreement or eviction of a tenant solely because the tenant is the victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse.

4. (4)

   1. (a) If a tenant to a residential rental agreement or lease agreement, or a qualified third party described in subsection (2)(a.5)(I)(B) of this section, notifies the landlord that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the landlord must not disclose that information to any person, including a co-tenant, except with the express written consent of the victim-survivor or if the landlord is required to do so pursuant to a court order. However, if the tenant provides written or actual notice to the landlord that the tenant is a victim-survivor and the tenant consents to the landlord sharing the information with the court, the landlord shall disclose the information to the court in any civil action on the complaint with the return of service filed with the court, or at any such time that the landlord becomes aware of the tenant's status as a victim-survivor.
   2. (b) If a tenant to a residential rental agreement or lease agreement terminates the lease pursuant to this section because the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and the tenant provides the landlord with a new address, the landlord must not disclose the address to any person except with the express written consent of the victim-survivor or if the landlord is required to do so pursuant to a court order.
5. (5) A landlord shall not inquire about, consider, or require disclosure of any information from a rental applicant regarding the applicant's status as a victim-survivor or experience with unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
6. (6) This section does not prohibit a tenant from terminating the tenant's residential rental agreement or lease agreement prior to the court's entry of an eviction order.

7. (7)

   1. (a) If a tenant to a residential rental agreement or lease agreement provides notice to the landlord that the tenant is a victim-survivor of unlawful sexual behavior, stalking, domestic violence, or domestic abuse and provides the landlord with the documentation required pursuant to subsection (2)(a.5) of this section, the landlord shall not prevent the tenant from changing the locks, or impose fees on, take any adverse action against, or otherwise retaliate against the tenant for changing the locks, including electronic locks, or prevent the tenant from taking any other reasonable safety precautions, including, but not limited to, installing window bars, cameras, or other nonpermanent modifications to the dwelling unit. A landlord must take all steps reasonably necessary to ensure the safety of the dwelling unit in response to a tenant's safety concerns. Any provision in a residential rental agreement or lease agreement that prohibits a tenant from changing a lock as a safety precaution or taking other reasonable safety precautions is null and void and unenforceable.
   2. (b) It is not a material violation of the residential rental agreement or lease agreement pursuant to section 13-40-104 (1)(e) or a substantial violation of the residential rental agreement or lease agreement pursuant to section 13-40-104 (1)(d.5) if the tenant changes the locks, including electronic locks, or takes any other reasonable safety precautions, including, but not limited to, installing window bars, cameras, or other nonpermanent modifications to the dwelling unit.

   3. (c)

      1. (I) If a tenant changes a lock, including an electronic lock, pursuant to this subsection (7), the tenant shall make all reasonable efforts to provide the landlord with a copy of the key, or the electronic code or other information needed to access an electronic lock, as soon as reasonably practicable but no later than fourteen days after the lock or electronic lock is changed.
      2. (II) If the landlord, property manager, or owner of the property is the person alleged to be responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse, the tenant shall make reasonable efforts to provide a copy of the key or electronic code to another person who has the authority to manage the property and who the tenant determines is safe, provided the person who is given a copy of the key or electronic code agrees not to share the key or electronic code with the landlord, property manager, or owner who is alleged to be responsible for the unlawful sexual behavior, stalking, domestic violence, or domestic abuse.
8. (8) A tenant may bring a civil action against a landlord for a violation of this section in order to restrain further violations and recover damages, costs, and reasonable attorney fees. If the court finds a violation occurred, the court shall award the tenant statutory damages equal to the tenant's actual damages and the greater of either three times the monthly rent or five thousand dollars, as well as any punitive damages, other damages, attorney fees, and costs that may be owed to the tenant.

Source: L. 2004: Entire part added, p. 528, § 1, effective August 4. L. 2005: Entire section amended, p. 402, § 3, effective July 1. L. 2017: Entire part amended, (HB 17-1035), ch. 276, p. 1513, § 1, effective June 1. L. 2025: Entire section amended, (HB 25-1168), ch. 229, p. 1058, § 15, effective May 22.

Cross references: For the legislative declaration in HB 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.