Colorado Landlord-Tenant Disputes due to Retaliatory Evictions
Retaliatory evictions can be devastating for tenants, effectively punishing them for exercising their rights. These evictions are also illegal in Colorado, meaning that renters can fight back and may even be able to seek financial recovery for their losses.
Colorado landlord-tenant disputes due to retaliatory evictions are a challenging situation, and they’re not something you want to face alone. If you find yourself facing a landlord acting in bad faith or if you’re a landlord being wrongfully accused of retaliation eviction, contact the Denver offices of Flaxman Law Group at 970-999-0530. In a consultation, we can address your questions and explain what we may be able to do for you.
Understanding Eviction Laws
In Colorado, eviction is a legal process governed by state statutes that outline when and how a landlord may remove a tenant from a rental property. While landlords have the right to reclaim their property under certain conditions, they must follow specific procedures to do so lawfully. This includes providing proper notice, filing court documents if necessary, and obtaining a judgment before removing a tenant. An unlawful eviction that violates state rules can potentially expose the landlord to legal consequences, which can include significant financial penalties.
Most commonly, landlords initiate eviction due to nonpayment of rent, lease violations, or the expiration of a rental term. However, not every reason for eviction is permissible under the law. In some cases, tenants are forced out in retaliation for exercising their legal rights. In Colorado, this is illegal.
In April 2024, Colorado enacted a sweeping change to its residential eviction laws with the introduction of the For-Cause Eviction Policy. This new law significantly limits when and how landlords can choose to evict a renter or not to renew a tenant’s lease. Under the updated rules, a landlord must now provide a legitimate, documented reason for eviction and non-renewal of a lease. It is now up to the landlord to make sure they have a valid reason for a lease and to make sure that reason could stand up in court, if needed.
Retaliatory Eviction
A retaliatory eviction occurs when a landlord attempts to remove a tenant because the tenant took a lawful action. Examples include filing a complaint about housing code violations, joining a tenants’ union, or reporting unsafe living conditions. In these scenarios, landlords may try to use eviction as a weapon to discourage tenants from standing up for themselves. It is always illegal to do so.
Colorado law prohibits landlords from retaliating against tenants who assert their legal rights. If a landlord attempts to evict a tenant shortly after the tenant has complained to a governmental agency, requested repairs, or exercised other protected rights, courts may presume that retaliation has occurred. In such cases, the eviction can be blocked, and the landlord may even be liable for damages.
What Counts as Retaliation
If a tenant engages in any of the following, and the landlord responds with eviction or threats of eviction within a short timeframe, the law may presume the landlord acted with retaliatory intent:
- Complaining to a building or health inspector about unsafe or substandard housing conditions.
- Requesting repairs or asserting the right to habitable living conditions.
- Joining or forming a tenants’ union or participating in organized tenant activities.
- Exercising other rights granted under a lease or under housing laws.
A common situation that may happen is that a landlord may claim that an eviction is for cause, while a tenant claims the eviction proceedings are retaliation. Since this is a common disagreement, the law looks closely at the timing and context of the landlord’s actions.
For example, if a tenant reports mold to the health department and receives an eviction notice a week later, that sequence raises red flags. While landlords can still pursue eviction for valid, non-retaliatory reasons they must be able to prove that the eviction was not driven by the tenant’s protected activity.
In Colorado, landlords who start eviction proceedings within 120 days of a tenant exercising their legal rights may face additional scrutiny. In these situations, a renter may have a stronger claim of retaliation.
In the context of landlord-tenant disputes, retaliation doesn’t always mean eviction. Landlords are also prohibited from taking other retaliatory actions against a tenant. These actions can include:
- Sudden rent increases or additional bills, fines, or fees.
- Unjustified warnings or citations.
- Harassment.
- Reduced services.
Any actions that a landlord takes to harm or annoy a tenant after the renter exercises their rights can be seen as retaliation. It is illegal and tenants who face retaliation have the right to seek legal remedies.
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What Doesn’t Count as Retaliation
While tenants are protected against retaliatory actions, not every eviction qualifies as retaliation. Landlords still have the right to enforce the lease and maintain their property, and courts recognize that not all adverse actions are rooted in revenge.
For example, if a tenant has repeatedly failed to pay rent, caused significant damage to the unit, or violated terms of the lease agreement, a landlord may lawfully pursue eviction. This is the case even if the tenant recently filed a complaint or exercised another legal right. What matters is the reason behind the landlord’s decision and whether that reason can stand independent of the tenant’s protected actions.
Evictions and landlord actions are not considered retaliation if they are legal and done for valid reasons. Landlords are also not considered to be taking retaliatory action if their actions are regular and uniform. For example, if a landlord slightly increases the rent every year, a tenant cannot claim retaliation if the rent goes up again for everyone at the same time this year, even if the timing comes a few days after a tenant complaint.
Timing alone does not prove retaliation. If an eviction notice follows a complaint by mere coincidence the court may find the landlord’s actions justified. However, the landlord needs clear documentation, such as unpaid rent notices or photographic evidence of damage, to prove that the eviction was justified. In these situations, a tenant may complain of retaliation and a legal case or meditation may be needed to protect the landlord’s rights.
Tenant Protections
Colorado tenant protections are designed to empower renters to speak up about unsafe housing conditions and other serious problems without fear of losing their home. In fact, Colorado statutes create a legal presumption of retaliation when a landlord takes adverse action within a short period (up to 120 days) after a tenant exercises a protected right. This puts the burden on the landlord to prove that their motives were lawful.
In addition to blocking unlawful evictions, tenants may be entitled to recover damages if a landlord is found to have acted in bad faith. Courts can award compensation for lost housing, emotional distress, or other harm resulting from a retaliatory act.
Tenants also have the right to a proper hearing before any eviction is enforced. If retaliation is suspected, presenting clear documentation can make a difference in court. If you are a tenant and suspect your landlord is acting in bad faith, try to keep all your communication with your landlord in writing and keep all letters, emails, and other communication. This can help establish whether your landlord became upset by you exercising your rights and then started eviction proceedings.
Working with a lawyer in these cases is also useful. It is very challenging to prove a person’s intentions in court, even if you have some emails and letters. At Flaxman Law Group, we have decades of experience helping landlords and tenants. In situations involving accusations of retaliatory evictions, we may be able to gather evidence through an investigation. For example, we may be able to show that your landlord has been fined for retaliatory evictions or other violations before, and we may be able to show a pattern of acting in bad faith.
We also negotiate for you. If you have tried to exercise your rights, for example, and your landlord is harassing you or trying to evict you, we may be able to avoid legal action entirely. We may be able to negotiate or help you with meditation. Your landlord may be willing to agree to compensation, which allows you to move into better housing and avoid the unpleasantness of continuing to deal with the same landlord. Negotiation and mediation can also help you avoid a record of eviction, which can make it easier for you to secure quality housing in the future.
Flaxman Law Group is a boutique, family-first law firm with a father-son attorney team. Our founder oversees our offices in Florida, while his son oversees the offices in Colorado, allowing us to serve more clients.
We have a proven track record of handling complex housing disputes, including cases involving unlawful evictions, tenant harassment, and landlord rights. We have helped many clients get out of difficult housing situations and have helped them secure significant compensation, which has allowed them to start over.
Our team focuses only on two specific practice areas: landlord-tenant disputes and personal injury claims. This allows us to concentrate all our efforts and resources on these practice areas. We have also found that these areas of focus overlap. For example, if your landlord’s actions have caused physical harm or mental suffering, our team may also be able to file a legal claim so you can seek compensation.
We stay up to date with Colorado housing statutes and court procedures, allowing us to build evidence-based cases that we are prepared to take to court if necessary. We have a network of experts, including investigators, we can call on to build a strong case.
At Flaxman Law Group, we are selective in the cases we take on. This ensures that we can dedicate our full focus to you when you need us. It also ensures that we can reply to you promptly. In fact, when you work with us you will have your attorney’s cell phone number, ensuring ongoing communication.
Every landlord-tenant conflict is different. We always approach your case as the unique situation it is. We listen to the details of your case, explore all legal options, explain your rights to you, and tailor our strategy so we can pursue your best interests. This may mean negotiating with a landlord, acting to block an illegal eviction, or even taking your case to court to seek financial recovery for your losses.
Our Colorado team is based in Denver, and we’re proud to serve clients across Colorado.
You should consider contacting Flaxman Law Group as soon as a dispute arises, especially if you are unsure whether a landlord’s actions are legal. Early legal intervention can prevent small issues from escalating into complex legal cases. You may want to contact our team if:
- You’ve received an eviction notice shortly after filing a complaint or requesting repairs.
- You’re being pressured to leave your rental after joining a tenant union or reporting a code violation.
- You’re a landlord facing false accusations of retaliation after pursuing a legal eviction.
- You’ve experienced threats, sudden rent increases, or other adverse actions that seem linked to your protected activity.
- You’re in a rapidly changing or hostile housing situation.
The earlier we get involved, the more options we can preserve for you. Even if you’re not sure whether you need an attorney, if you are facing challenges as a tenant or landlord, call us at 970-999-0530 and we can explain whether our team can help you.
Our team understands that housing disputes can be incredibly stressful. We offer compassionate, responsive service and a clear plan of action from your very first consultation. You’re never left in the dark or waiting on us, because we keep lines of communication, and we stay proactive in your case.
Colorado landlord-tenant disputes due to retaliatory evictions are not something to take on by yourself. If you’re facing a retaliatory eviction or a complex landlord-tenant dispute in Colorado, contact the Colorado offices of Flaxman Law Group at 970-999-0530 today.
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Colorado Landlord Tenant Dispute
Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions
A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact Flaxman Law Group today so we can assist you with your landlord-tenant issue.
Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.
If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:
Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.
The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:
- A formal notice period.
- Filing of an eviction lawsuit.
- A court hearing.
- Enforcement of the eviction by local authorities, if necessary.
- Tenants may appeal or request delays, which can extend the timeline.
Landlord-Tenant Practice Areas
Broad Experience in Landlord-Tenant Disputes
Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.
Protecting Tenant Rights:
Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.
Preventing Wrongful Evictions:
Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.
Advocating for Landlords:
Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.