My landlord wanted to break our lease by claiming he was going to sell the property but we discovered he had actually relisted it for rent on Zillow for almost twice the rent we are paying. We refused to break the lease and now he is falsely accusing us of having an unauthorized tenant in our home and has served us with papers (not court papers) trying to evict us by the end of the month, claiming we broke the terms of the lease with his false allegations of an unauthorized tenant. Is this legal?

Thank you for the question. I’m sorry to hear you’re going through this. Based on the information you provided in your question, I believe it is problematic if your landlord has re-listed the property at a higher price.

As you know, under Colorado law, landlords must have “cause” to end a tenancy or evict someone. Landlords also cannot evict a tenant based on false allegations. 

If your landlord’s actions are in retaliation for your refusal to vacate the property or for asserting your rights under the lease, this could constitute a retaliatory eviction, which is prohibited under Colorado law. Retaliation includes actions such as terminating a lease, increasing rent, or filing for eviction in response to a tenant exercising their legal rights, such as refusing to vacate without proper cause. 

State law allows tenants to contest the validity of the landlord’s claims in an eviction proceeding. Based on your question, if the landlord alleges an unauthorized tenant, but this claim is untrue, you may present evidence to refute the allegation. Courts require landlords to provide specific grounds for eviction, and tenants have the right to challenge them. If you can demonstrate that the landlord’s actions were retaliatory, this could serve as a defense in an eviction proceeding. 

Your landlord must comply with statutory requirements regarding proper “cause,” notice, and good-faith actions. If your landlord moves forward with an eviction action, you may be able to assert several defenses:

• The landlord’s failure to comply with statutory requirements for eviction notices under C.R.S. 13-40-106

• The landlord’s failure to demonstrate compliance with the conditions for a no-fault eviction, such as the intent to sell the property under C.R.S. 38-12-1303

• Retaliatory eviction, if the landlord’s actions were in response to your refusal to vacate under C.R.S. 38-12-509

• False allegations of lease violations, which you can contest with evidence under C.R.S. 13-40-104

I recommend that you speak with a real estate attorney who specializes in landlord-tenant law. With more details, they can help you determine whether your landlord’s actions are in compliance with Colorado law and what steps you should take next. Please feel free to reach out to us for a consultation at 303-688-0944 or book the meeting online.