Cal. Civ. Code § 38-12-1204
Authorized conduct.
Operative Text
(1) Section 38-12-1203 does not prohibit a landlord from: (a) Complying with any legal obligation under: (I) Federal, state, or local law, including any legal obligation under a government program or pursuant to a condition of government funding, if the government program or government funding provides rent limitations or rental assistance to a tenant; (II) A subpoena; (III) A warrant; or (IV) A court order of any kind; (b) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, provided the landlord requests the same information or documentation of all prospective tenants regardless of immigration or citizenship status, including requesting a social security number or relevant taxpayer identification number; or (c) Delivering to the tenant an oral or written notice regarding conduct by the tenant that violates or may violate any applicable rental agreement or law. (2) Section 38-12-1203 does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing state or local law or the ability of a unit of federal, state, or local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. (3) Nothing in this part 12: (a) Prevents a landlord from seeking to collect rent due under the rental agreement; or (b) Permits a landlord to violate section 8-2-130. (4) Any waiver of a right under this part 12 by a tenant is void as a matter of public policy.
Colorado Revised Statutes § 38-12-1204 carves out specific actions that remain lawful for landlords even under the tenant-harassment protections established in § 38-12-1203. These permitted actions include complying with legal obligations such as government programs, subpoenas, warrants, or court orders; requesting financial qualification information from prospective tenants on a uniform, non-discriminatory basis; and delivering notices about lease or legal violations. The section also clarifies that the anti-harassment rules neither expand nor shrink existing eviction rights, that landlords may still pursue unpaid rent, and that any tenant's attempt to waive rights under this part is automatically void as a matter of public policy.
Plain English — not legal advice.
Under § 38-12-1204, compliant operators generally maintain consistent screening practices—requesting the same financial documentation, such as a social security number or taxpayer identification number, from every applicant regardless of immigration or citizenship status. Landlords who must comply with a government housing program, respond to a subpoena, execute a court order, or deliver a lease-violation notice to a tenant are not considered to be engaging in prohibited harassment under § 38-12-1203. Operators should be aware that § 38-12-1204(3)(b) cross-references § 8-2-130, meaning that even authorized conduct does not shield a landlord from separate statutory obligations under that provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 38-12-1204 defines the boundaries of what landlords are permitted to do without it constituting harassment under § 38-12-1203, which helps tenants distinguish between lawful landlord actions—such as uniform financial screening or legally required notices—and conduct that may cross into prohibited territory. Importantly, § 38-12-1204(4) declares that any agreement by a tenant to give up rights under this part of the statute is void as a matter of public policy, meaning those protections cannot be signed away in a lease or side agreement. Tenants who believe a landlord's actions go beyond what § 38-12-1204 authorizes may consider consulting a tenant-rights organization or a local legal aid office to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.