Retaliatory Eviction in Colorado
Evictions happen, but when they happen because a landlord is trying to punish a tenant for exercising their rights, it is illegal. Despite this, retaliatory evictions do happen in Fort Collins-Loveland, Colorado Springs, Denver, and across Colorado.
Read on to find out more about what retaliatory evictions are and how to take steps to prevent disputes over evictions. Are you a landlord or tenant in Colorado in need of more help in dealing with an eviction? Contact Flaxman Law Group today at 970-999-0530 to talk to a Colorado landlord-tenant dispute lawyer.
What Is Retaliatory Eviction in ColoradoRetaliatory eviction is a type of illegal eviction or threat of eviction against a tenant that is in retaliation for a tenant’s legal action. This type of eviction may happen because a tenant:
- Files a complaint against the landlord with a government agency about a safety or health violation.
- Complains to the landlord about problems with the unit.
- Becomes a member of a tenants’ association or organizes this type of group.
Under Colo. Rev. Stat. § 38-12-509, it is illegal to evict a tenant for any of these reasons.
What Tenants Can Do If They Suspect Retaliatory EvictionIf you can prove you have been evicted for an illegal reason, such as retaliation, you can ask a court to dismiss the eviction lawsuit. You may even be able to have your attorney fees covered and seek damages for the eviction.
The challenge is that few landlords will reveal that they are evicting a tenant for an illegal reason. Some may seek a pretext for retaliatory action. To be successful in court, you need to be able to clearly prove that the eviction action is in response to a legal action you have taken.
For this reason, you’ll want to work with an experienced Colorado landlord-tenant attorney. He or she can seek to prove retaliatory action. They may be able to do this by:
- Establishing the timeline between an action and eviction notice, showing one followed the other.
- Gathering evidence, such as communication from the landlord.
- Finding previous cases where the landlord was found to have acted in a similar way with tenants.
- Finding evidence to prove a landlord’s reasons for eviction were not valid.
An attorney will also seek to get fair compensation for the losses you’ve suffered as a tenant and will work to get your legal costs covered.
Being illegally evicted is stressful and financially difficult. You may need to pay for the move, find a new rental at a similar price, and pay for utility hook-ups and other costs. Fighting back against illegal eviction can help you stay in your home or at least gives you financial recovery so you can pay for the cost of a new apartment or rental.
What Landlords Can Do If They’re Accused of Violation Colorado’s Retaliatory Eviction LawsIf you’re a landlord who is being accused of retaliatory action as you try to evict a renter, your best defense is to carefully gather evidence of legitimate reasons for an eviction. Gather proof of non-payment of rent, tenant illegal action, or other valid reasons you have for starting an eviction proceeding.
To protect your investment, contact a Colorado landlord-tenant lawyer. Having a tenant stay when you need them evicted can harm your return on investment and can create a tense situation that can affect your ability to get other, quality tenants. Speaking with an attorney can help you prove your side of the claim.
If you believe you are facing retaliatory eviction or want to avoid potential legal issues as a landlord, consult with a qualified Colorado landlord-tenant attorney at Flaxman Law Group. Just call us at 970-999-0530 to arrange a consultation. Our father-son attorney team is here to help landlords and tenants in Colorado find common ground and our more than 60 years of combined experience support us as we fight for your rights.
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.
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.