Cal. Civ. Code § 38-12-1306

Affirmative defense.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoTenant Defenses

Operative Text

Cal. Civ. Code § 38-12-1306
If a
landlord fails to comply with this part 13, a tenant may assert the landlord's
failure as an affirmative defense for a tenant to an eviction proceeding. If a
tenant asserts such an affirmative defense, and the landlord cannot demonstrate
by a preponderance of the evidence that the landlord has complied with this
part 13, the court shall dismiss the eviction proceeding.
Source: Legislative text reproduced verbatim
Plain English

Under Colo. Rev. Stat. § 38-12-1306, a landlord's failure to comply with Part 13 of Colorado's residential tenancy statutes can serve as an affirmative defense in an eviction proceeding. If a tenant raises this defense, the burden shifts to the landlord to prove compliance by a preponderance of the evidence. Should the landlord fail to meet that burden, the court is required to dismiss the eviction case.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Colo. Rev. Stat. § 38-12-1306 means that documented, demonstrable compliance with Part 13 is not merely a best practice—it is a prerequisite for successfully pursuing an eviction. Operators who maintain thorough records of their Part 13 obligations (such as notices, disclosures, and any required procedures) are better positioned to meet the preponderance-of-the-evidence standard if a tenant raises this defense. A landlord who cannot produce that evidence risks having the eviction proceeding dismissed by the court.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-1306 gives tenants a procedural tool: if a landlord has not complied with Part 13, that noncompliance can be raised as an affirmative defense directly within an eviction proceeding. Once raised, the law places the burden on the landlord to prove compliance, and a court must dismiss the case if the landlord cannot do so. Tenants who believe this defense may apply to their situation can explore their options by contacting a local tenant-rights organization or legal aid provider familiar with Colorado housing law.

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

Current
Oct 16, 2026
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Related Rules

§ 8A
Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
§ 47a-14c
(Formerly Sec. 19-347m). Tenement receivership: Defense.
§ 47a-14e
(Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys.

Source Information

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