Cal. Civ. Code § 38-12-402

Protection for victim-survivors of unlawful sexual behavior, stalking, domestic violence, or domestic abuse.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoVAWA & Survivor Protections

Operative Text

Cal. Civ. Code § 38-12-402
(1) A
landlord shall not include in a residential rental agreement or lease agreement
for housing a provision authorizing the landlord to terminate the agreement, or
to impose a penalty on or take any adverse action against a tenant, for calls
made by the tenant for peace officer assistance or other emergency assistance
in response to a situation involving unlawful sexual behavior, stalking,
domestic violence, or domestic abuse. A residential rental agreement, lease
agreement, or other agreement must not contain a waiver of the tenant's right
to call for police or other emergency assistance.

(2) (a) 
If a tenant to a residential rental agreement or lease agreement, or a
qualified third party described in subsection (2)(a.5)(I)(B) of this section,
notifies the landlord in writing that the tenant is the victim-survivor of
unlawful sexual behavior, stalking, domestic violence, or domestic abuse and
provides to the landlord evidence of unlawful sexual behavior, stalking,
domestic violence, or domestic abuse as described in subsection (2)(a.5) of
this section, and the tenant intends to vacate the premises due to fear of
danger because of the unlawful sexual behavior, stalking, domestic violence, or
domestic abuse, then the tenant may terminate the residential rental agreement
or lease agreement and vacate the premises without further obligation except as
otherwise provided in subsection (2)(b) of this section.

(a.5)
(I) For the purposes of subsection (2)(a) of this section, to provide
evidence that the tenant is a victim-survivor of unlawful sexual behavior,
stalking, domestic violence, or domestic abuse, a tenant may provide to the
landlord at least one of the following:

(A) A
self-attestation affidavit that states the tenant is a victim-survivor of
unlawful sexual behavior, stalking, domestic violence, or domestic abuse and
that the incident of unlawful sexual behavior, stalking, domestic violence, or
domestic abuse is the cause of, or contributed to, termination of the
residential tenancy. If a landlord receives documentation pursuant to this
subsection (2)(a.5)(I) that contains conflicting information, the landlord may
require a tenant to submit a letter signed by a qualified third party pursuant
to subsection (2)(a.5)(I)(B) of this section. The self-attestation affidavit
must include the name of the party who is allegedly responsible for the
unlawful sexual behavior, stalking, domestic violence, or domestic abuse, if
the name of the party is known and if the tenant determines it is safe to
provide.

(B) A
letter signed by a qualified third party, including, but not limited to, an
employee, agent, or volunteer of a victim-survivor service provider, an
attorney, a social worker, a medical professional, a faith leader, or a mental
health provider from whom a tenant has sought assistance relating to unlawful
sexual behavior, stalking, domestic violence, or domestic abuse. The letter
must state that the qualified third party believes that the incident of
unlawful sexual behavior, stalking, domestic abuse, or domestic violence
occurred and is the grounds for termination of the residential tenancy;

(C) A
police report from the prior one hundred twenty days that states the tenant
reported unlawful sexual behavior, stalking, domestic violence, or domestic
abuse; or

(D) A
valid civil, criminal, or emergency protection order or restraining order
issued pursuant to article 14 or article 14.5 of title 13 or section 18-1-1001.

(II) 
Additional or other documentation is not required to qualify the tenant as a
victim-survivor. If a tenant seeks to exercise the rights pursuant to this
section but has not provided the documentation required pursuant to subsection
(2)(a.5)(I) of this section, the tenant shall provide the required
documentation to the landlord within seven days after the landlord's written
request.

(b) If
a tenant to a residential rental agreement or lease agreement terminates the
residential rental agreement or lease agreement and vacates the premises
pursuant to subsection (2)(a) of this section and if the landlord has incurred
economic damages as a direct result of the tenant's early termination of the
agreement and the landlord has provided documentation of the landlord's
incurred economic damages to the tenant within thirty days after termination of
the agreement, then the tenant is responsible for an amount not to exceed one
month's rent following vacation of the premises, which amount is due and
payable to the landlord within ninety days after the tenant vacates the
premises; except that, if another tenant remains on the residential rental agreement
or lease agreement after the victim-survivor terminates the agreement, the
landlord shall not collect the one month's rent from the victim-survivor. The
landlord is not obligated to refund the security deposit to the tenant until
the tenant has paid the one month's rent pursuant to this section. If the
victim-survivor and responsible party are both parties to the residential
rental agreement or lease agreement, there is a presumption that the
victim-survivor receives the full security deposit, less any amount lawfully
withheld pursuant to section 38-12-103, as determined at the end of the
victim-survivor's tenancy. A landlord must not deduct from a security deposit
or otherwise charge a victim-survivor for damages incurred due to the unlawful
sexual behavior, stalking, domestic violence, or domestic abuse experienced by
a victim-survivor, and the landlord may only pursue compensation for the
damages from the responsible party.

(c) For
a landlord to seek compensation that includes, but does not exceed, one month's
rent pursuant to subsection (2)(b) of this section, the landlord shall provide
a written statement of actual damages as a direct result of the tenant's early
termination of the residential rental agreement or lease agreement within
thirty days after the date the tenant vacates the property. A landlord's
failure to provide the written statement of damages incurred within thirty days
after the date the tenant vacates the property is a forfeiture of the
landlord's right to charge or collect any future rent following a tenant's
early termination of the residential rental agreement or lease agreement
pursuant to this section.

(d) (I) 
A landlord shall not assign a debt allegedly owed pursuant to subsection (2)(b)
of this section by a victim-survivor to a third-party debt collector unless the
landlord:

(A) 
Complies with the requirements described in subsections (2)(b) and (2)(c) of
this section; and

(B) 
Provides at least ninety days' written notice to the victim-survivor expressing
the landlord's intent to assign the debt to a third-party debt collector. The
written notice must be provided through any method of communication that a
victim-survivor requests for correspondence, or if no method was provided,
through the last-known electronic communication contact information, which may
include the victim-survivor's email address.

(II) A
landlord shall not assign a debt to a third party if a victim-survivor complies
with the lawful notice seeking collection of the unpaid rent that is made
pursuant to subsection (2)(b) of this section and this subsection (2)(d) before
the expiration of the ninety-day notice required pursuant to subsection
(2)(d)(I)(B) of this section.

(3) A
landlord shall not terminate a residential rental agreement or lease agreement
or evict a tenant solely because the tenant is the victim-survivor of unlawful
sexual behavior, stalking, domestic violence, or domestic abuse.

(4) (a) 
If a tenant to a residential rental agreement or lease agreement, or a
qualified third party described in subsection (2)(a.5)(I)(B) of this section,
notifies the landlord that the tenant is a victim-survivor of unlawful sexual
behavior, stalking, domestic violence, or domestic abuse, the landlord must not
disclose that information to any person, including a co-tenant, except with the
express written consent of the victim-survivor or if the landlord is required
to do so pursuant to a court order. However, if the tenant provides written or
actual notice to the landlord that the tenant is a victim-survivor and the
tenant consents to the landlord sharing the information with the court, the
landlord shall disclose the information to the court in any civil action on the
complaint with the return of service filed with the court, or at any such time
that the landlord becomes aware of the tenant's status as a victim-survivor.

(b) If
a tenant to a residential rental agreement or lease agreement terminates the
lease pursuant to this section because the tenant is a victim-survivor of
unlawful sexual behavior, stalking, domestic violence, or domestic abuse, and
the tenant provides the landlord with a new address, the landlord must not
disclose the address to any person except with the express written consent of
the victim-survivor or if the landlord is required to do so pursuant to a court
order.

(5) A
landlord shall not inquire about, consider, or require disclosure of any
information from a rental applicant regarding the applicant's status as a
victim-survivor or experience with unlawful sexual behavior, stalking, domestic
violence, or domestic abuse.

(6) 
This section does not prohibit a tenant from terminating the tenant's
residential rental agreement or lease agreement prior to the court's entry of
an eviction order.

(7) (a) 
If a tenant to a residential rental agreement or lease agreement provides
notice to the landlord that the tenant is a victim-survivor of unlawful sexual
behavior, stalking, domestic violence, or domestic abuse and provides the
landlord with the documentation required pursuant to subsection (2)(a.5) of
this section, the landlord shall not prevent the tenant from changing the
locks, or impose fees on, take any adverse action against, or otherwise
retaliate against the tenant for changing the locks, including electronic
locks, or prevent the tenant from taking any other reasonable safety
precautions, including, but not limited to, installing window bars, cameras, or
other nonpermanent modifications to the dwelling unit. A landlord must take all
steps reasonably necessary to ensure the safety of the dwelling unit in
response to a tenant's safety concerns. Any provision in a residential rental
agreement or lease agreement that prohibits a tenant from changing a lock as a
safety precaution or taking other reasonable safety precautions is null and
void and unenforceable.

(b) It
is not a material violation of the residential rental agreement or lease
agreement pursuant to section 13-40-104 (1)(e) or a substantial violation of
the residential rental agreement or lease agreement pursuant to section
13-40-104 (1)(d.5) if the tenant changes the locks, including electronic locks,
or takes any other reasonable safety precautions, including, but not limited
to, installing window bars, cameras, or other nonpermanent modifications to the
dwelling unit.

(c) (I) 
If a tenant changes a lock, including an electronic lock, pursuant to this
subsection (7), the tenant shall make all reasonable efforts to provide the
landlord with a copy of the key, or the electronic code or other information
needed to access an electronic lock, as soon as reasonably practicable but no
later than fourteen days after the lock or electronic lock is changed.

(II) If
the landlord, property manager, or owner of the property is the person alleged
to be responsible for the unlawful sexual behavior, stalking, domestic
violence, or domestic abuse, the tenant shall make reasonable efforts to
provide a copy of the key or electronic code to another person who has the
authority to manage the property and who the tenant determines is safe,
provided the person who is given a copy of the key or electronic code agrees
not to share the key or electronic code with the landlord, property manager, or
owner who is alleged to be responsible for the unlawful sexual behavior,
stalking, domestic violence, or domestic abuse.

(8) A
tenant may bring a civil action against a landlord for a violation of this
section in order to restrain further violations and recover damages, costs, and
reasonable attorney fees. If the court finds a violation occurred, the court
shall award the tenant statutory damages equal to the tenant's actual damages
and the greater of either three times the monthly rent or five thousand
dollars, as well as any punitive damages, other damages, attorney fees, and
costs that may be owed to the tenant.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-402 establishes a broad set of protections for tenants who are victim-survivors of unlawful sexual behavior, stalking, domestic violence, or domestic abuse. The law prohibits lease clauses that penalize tenants for calling emergency services, bars landlords from evicting or retaliating against victim-survivors because of their status, and restricts landlords from disclosing a tenant's victim-survivor status or new address without written consent. Victim-survivors may terminate a lease early with proper documentation, change locks for safety, and cannot be screened out during the rental application process based on their history.

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

Plain English — not legal advice.

For Property Managers

Under § 38-12-402, compliant operators remove any lease language that penalizes tenants for emergency calls or waives the right to call police, and they refrain from evicting or taking adverse action against a tenant solely because of victim-survivor status. When a tenant provides written notice and qualifying documentation—such as a self-attestation affidavit, a qualified third-party letter, a police report, or a protection order—landlords process early-termination requests accordingly and keep all disclosed information strictly confidential. Landlords who suffer documented economic damages from early termination may seek up to one month's rent, but must provide a written damage statement within thirty days of the tenant vacating or forfeit that right.

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

For Tenants

§ 38-12-402 gives you the right to terminate your lease early without full remaining rent liability if you are a victim-survivor and provide qualifying documentation to your landlord, such as a self-attestation affidavit or a letter from a qualified third party. The law also protects your right to change locks and take other reasonable safety precautions, and prohibits your landlord from disclosing your status or new address without your written consent. If a landlord violates this section, you may bring a civil action to recover actual damages plus the greater of three times monthly rent or $5,000, along with attorney fees; tenant-rights organizations in Colorado can help you 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

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 18-1-1001
Not yet ingested
Colo. Rev. Stat. § 38-12-103
Not yet ingested
Colo. Rev. Stat. § 13-40-104
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 25
Refusal of rental agreement or assistance based on termination of rental agreement under Sec. 24 or request for change of lock under Sec. 26 prohibited
§ 26
Change of locks upon request of tenant, co-tenant or household member believed to be under imminent threat of domestic violence, rape, sexual assault or stalking
§ 47a-7b
Request to change dwelling unit locks when tenant is named as a protected person in a protective or restraining order.

Source Information

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