Victims of Unlawful Sexual Contact Can Break Leases in Colorado – Here’s How
Breaking a lease agreement is typically ill-advised, as it can negatively impact a tenant’s rental history report, resulting in fewer and less favorable housing in the future. However, there are legitimate reasons why a tenant may request to terminate a lease agreement early, especially when safety is of utmost concern.
In 2017, Colorado’s legislature cleared a pathway for tenants who have experienced unlawful sexual behavior, stalking, or domestic violence to break their lease agreements legally.
As a landlord, you may have questions regarding your legal obligations to tenants under these unfortunate circumstances. This blog post aims to answer those questions and help you mitigate the potential losses you may incur.
Your Legal Obligations to Victimized Tenants
It can be uncomfortable to learn that your tenant is the victim of a crime, especially if it was a violent or sexual crime that compromised your tenant’s safety and security.
If your tenant inquires about or shares their intention to break the lease agreement, here are a few things to keep in mind.
Colorado Law Protects SA Victims From Landlord Retaliation
Colorado law prohibits a landlord from penalizing or terminating a lease agreement if a tenant requests emergency assistance related to domestic violence, abuse, or stalking. C.R.S. 38-12-402
Lease agreement provisions also may not attempt to restrict a tenant’s ability to request emergency services. In other words, landlords cannot retaliate against a tenant, through eviction or otherwise, for being the victim of a sexual crime. Doing so could result in a lawsuit resulting in civil penalties and other consequences at the court’s discretion.
Early Lease Terminations Require Additional Information of Victims
A tenant who wishes to break a lease without penalty due to sexual assault, stalking, or domestic violence must provide a written statement and supporting evidence.
Evidence must include one of the following:
police report completed within 60 days of the incident
valid protection order
written statement from a medical professional who examined the victim
written statement from an application assistant who consulted with the victim
Tenants Must Still Pay One Month’s Rent After Vacating
Colorado lawmakers anticipated this law could cause landlords some financial hardship. As such, vacating tenants must pay one month’s rent within 90 days of vacating the residence.
What About the Tenant’s Security Deposit?
Colorado law only requires landlords to refund a security deposit when they receive the one-month rent payment. However, landlords can negotiate with the tenant to apply the security deposit to cover the one-month rent owed.
A landlord may elect to use part of the security deposit for repairs if damage to the property occurred during the tenancy that is equal to at least one month’s rent.
What If There’s Another Roommate?
Colorado law doesn’t explicitly address scenarios in which a tenant could be left on the hook for the victim’s month’s rent. Therefore, it’s possible a roommate can be held responsible for the vacating roommate’s portion of the rent or any other obligations under the lease agreement.
Under such circumstances, it would be advisable for a roommate to connect with an attorney.
A well-written lease agreement would address this legal discrepancy for all roommates.
Landlords May Not Disclose Confidential Information
Colorado law prohibits landlords from disclosing a tenant’s personal information, such as crime victim status or address, without their consent.
The only exception to the confidentiality clause involves a formal request by law enforcement.
Request Legal Assistance from R&H
Legal matters involving unlawful sexual behavior, stalking, domestic violence, or domestic abuse are sensitive matters. Our landlord-tenant law attorneys can help you address the situation with care. Call 303-688-0944 to begin your case assessment now.
