Effective Date: Immediately, with exceptions
Relevant Statute: C.R.S. § 38-12-402
Prepared by TSM – May 2025
While C.R.S. § 38-12-402 previously provided protections for victims of domestic violence, the
enactment of House Bill 25-1168 introduces several enhancements:
- Broadened Scope: The original statute focused on domestic violence and abuse. The
new bill extends protections to include victims of unlawful sexual behavior and stalking, thereby
offering a more comprehensive safety net for affected tenants. - Expanded Documentation Options: The prior law specified limited forms of evidence
(police reports or protection orders). The updated legislation accepts a wider range of
documentation, including self-attestation affidavits and letters from qualified third parties,
simplifying the process for tenants to prove their victimization. - Enhanced Lease Termination Provisions: The previous statute allowed lease
termination under specific conditions related to victimization. The new law adds clarity by
detailing the financial responsibilities of tenants upon early termination and outlining the
procedures landlords must follow to claim damages. - Strengthened Tenant Security Rights: While the original law provided certain
protections, the bill further empowers tenants by granting them the right to enhance their
personal security without fear of landlord retaliation or financial penalty, provided they furnish
the necessary documentation.
House Bill 25-1168 introduces significant amendments to Colorado’s landlord-tenant laws,
particularly affecting landlords’ obligations concerning tenants who are victims of unlawful
sexual behavior, stalking, domestic violence, or domestic abuse. These changes expand upon the protections previously outlined in Colorado Revised Statute (C.R.S.) § 38-12-402.
Key Operational Changes for Landlords:
1. Expanded Definition of Victim-Survivors:
o The bill broadens the category of protected individuals to include victims of unlawful
sexual behavior, stalking, and domestic abuse, in addition to domestic violence.
Landlords must recognize and accommodate these classifications when notified by
tenants.
2. Documentation Requirements:
o Previously, tenants had to provide a police report or valid protection order to
substantiate their status as victims. The new law allows tenants to also submit a
self-attestation affidavit or a letter from a qualified third party confirming their
victimization. Landlords should accept these forms of documentation when presented.
Here’s a breakdown of who qualifies as a third party:
Qualified Third Parties Include:
Medical or Mental Health Professionals:
o Licensed doctors, psychologists, psychiatrists, licensed professional
counselors, social workers, or other licensed mental health providers.
o They must have treated or consulted with the tenant regarding the abuse or
trauma.
Victim Advocates:
o Individuals working at domestic violence shelters, rape crisis centers, or
victim advocacy organizations.
o These advocates must be acting in their professional capacity and have direct
knowledge of the tenant’s circumstances.
Clergy Members:
o Members of the clergy who are offering pastoral counseling or support and
are acting in a religious advisory capacity.
Legal or Court Professionals:
o Attorneys, legal advocates, or representatives who are assisting the tenant in
legal matters related to victimization.
o This may include those helping with restraining orders, custody, or criminal
cases.
Law Enforcement or Judicial Officials:
o Police officers, sheriffs, or judges who have interacted with or taken
statements from the tenant relating to the abuse or incident.
3. Repayment Plans for Rent Arrears:
o If a tenant’s nonpayment of rent is linked to their status as a victim-survivor, and they
provide the appropriate documentation, landlords are required to offer a repayment plan
within three (3) days of receiving the documentation or serving a demand for unpaid rent.
Once the landlord provides the tenant with the proposes payment plan, the tenant must
respond within seven (7) days either accepting the landlord’s terms or proposing an
alternative payment plan.
This plan must be presented in writing and outline the terms for resolving the arrears.
o The tenant has the right to structure the repayment plan, which must:
● Require full repayment of all legally owed rent
● Include monthly payments of at least $25
● Be completed within nine months from the start of the plan.
o Tenant Obligations Under the Repayment Plan:
1. The tenant must make payments according to the agreed repayment
schedule.
2. A payment is considered late if made more than 10 days after the
scheduled due date.
o Landlord’s Rights If Tenant Misses or Is Late on Payments:
If the tenant:
1. Misses a payment entirely, or
2. Makes three or more late payments,
→ The landlord can issue a notice of default no sooner than 7 days after
the missed or late payment.
3. This notice demands full payment of all remaining rent owed
under the repayment plan.
4. Lease Termination and Financial Responsibilities:
o Victim-survivors who terminate their lease are not liable for damages caused by the
responsible party or during incidents of unlawful behavior. However, they are responsible
for one month’s rent following vacation, due within 90 days. Landlords must provide
documentation of any economic damages incurred due to early termination to justify this
charge.
o If another tenant stays on the lease after the victim-survivor ends it, the landlord cannot
charge the victim-survivor one month’s rent.
5. Limitations on Debt Collection:
o Landlords are prohibited from assigning debts owed by victim-survivors to third-party
collectors unless they have documented their economic damages and provided at least 90
days’ written notice to the tenant. This measure ensures that landlords have substantiated
their claims before pursuing external collection efforts.
6. Security Deposit
o If a tenant ends a lease early, they may owe up to one month’s rent for the landlord’s
economic damages—if documented within 30 days. 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. However, if another tenant remains on the lease after a
victim-survivor terminates it, the landlord cannot charge the victim-survivor.
o If both the victim-survivor and the responsible party are on the lease, it is presumed
that the victim-survivor will receive the full security deposit—minus any lawful
deductions—when their tenancy ends. A landlord cannot deduct from a
victim-survivor’s security deposit or charge them for damages caused by unlawful
sexual behavior, stalking, domestic violence, or abuse; the landlord may only seek
compensation from the responsible party.
7. Tenant Rights to Enhance Security:
o If a tenant informs the landlord of their victim-survivor status and provides the
necessary documentation, the landlord cannot prevent the tenant from changing locks or
taking other reasonable safety precautions. Additionally, landlords cannot impose fees,
take adverse actions, or retaliate against the tenant for such measures. Tenants have the
right to initiate civil action if this provision is violated.
o If a tenant or a qualified third party informs the landlord that the tenant is a
victim-survivor of unlawful sexual behavior, stalking, domestic violence, or abuse, the
landlord must not disclose this information to anyone, including co-tenants, without the
victim-survivor’s written consent or a court order.
Service of Demands:
If a tenant informs the landlord—either in writing or verbally—that they are a victim-survivor of
sexual assault, stalking, domestic violence, or domestic abuse, the landlord must first try to serve
eviction-related notices in person.
If personal service isn’t successful after three tries, the landlord must:
1. Post the notice in a clearly visible spot on the property, and
2. Send it by certified mail or a commercial courier, with proof of delivery (like a
receipt).
Consequences for Landlords’ Non-Compliance:
1. Civil Penalties:
○ Statutory Fines: A landlord who violates the provisions of this part is liable to
the aggrieved tenant for a statutory penalty of the greater of 3x the monthly rent
or $5,000, plus court costs and reasonable attorney fees.
2. Private Civil Right of Action:
○ Tenant-Led Legal Action: Tenants have the right to file a civil action alleging
violations of rental agreements or specific statutory provisions. Courts may award
economic damages, penalties, and equitable relief, including reasonable attorney
fees and costs to the prevailing party.
3. Prohibition on Retaliation:
○ Retaliatory Actions Forbidden: Landlords are prohibited from retaliating
against tenants who exercise their rights under these provisions (e.g., changes
locks, requests repairs for safety, or terminates a lease early), such as by
increasing rent, decreasing services, or terminating leases. If retaliation occurs,
tenants may terminate the rental agreement and recover damages, including up to
three months’ rent or three times the actual damages, whichever is greater, plus
attorney fees and costs.
4. Failure to Offer a Repayment Plan:
o If a landlord files for eviction without first offering the repayment plan, and
the tenant raises their victim status:
1. The court may dismiss the eviction case
2. The tenant’s documented status becomes a legal defense to
nonpayment-related eviction.
Operational Impact on Landlords:
Landlords must adjust their policies and procedures to comply with these expanded protections:
· Policy Review and Update: Examine and revise rental agreements to ensure they
do not contain provisions that could conflict with the new legal requirements, such as
penalties for tenants seeking emergency assistance.
· Training and Awareness: Educate property management and staff about the
expanded definitions of victim-survivors and the acceptable forms of documentation to
ensure consistent and lawful handling of related tenant communications.
· Financial Planning: Prepare for potential financial implications stemming from
lease terminations by victim-survivors, including understanding the process for
documenting and claiming economic damages.
· Communication Protocols: Establish clear procedures for responding to tenant
notifications of victimization, including timelines for offering repayment plans and
guidelines for respecting tenant security measures.
By proactively adapting to these legislative changes, landlords can maintain compliance, support
tenant rights, and foster a secure living environment for all residents.
This is an early-stage protocol developed by TSM. We will issue further updates as more
regulatory guidance becomes available.
HB25-1168 Compliance Aids for Landlords
1. Repayment Plan Process Summary
This table outlines the key steps, required actions, and consequences for repayment plan
procedures under HB25-1168.
2. Landlord Compliance Checklist
· Accept self-attestation and letters from qualified third parties as valid documentation.
· Offer repayment plan within 3 business days of documentation or demand for rent.
· Structure repayment plan to include monthly payments of at least $25 over a maximum of 9
months.
· Avoid charging fees, penalties, or interest on repayment plans.
· Permit tenants to change locks or install safety measures without retaliation.
· Do not disclose tenant’s victim-survivor status or new address without written consent or
court order.
· Provide documentation of economic damages within 30 days to claim one month’s rent
post-termination.
· Do not assign debt to third-party collectors without 90-day notice and proper
documentation.
3. Landlords Should Never Do the Following:
❌ Charge fees or penalties for tenants who change locks or add security measures.
❌ Disclose victim-survivor status to co-tenants or others without explicit consent.
❌ Skip offering a repayment plan when required.
❌ Retaliate against tenants who exercise their rights under HB25-1168.
❌ Deduct from security deposits for damage caused by abuse-related incidents.
❌ Assign tenant debts to collectors without documentation and notice.
