Cal. Civ. Code § 38-12-509

Prohibition on retaliation.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoRetaliation Protections

Operative Text

Cal. Civ. Code § 38-12-509
(1) (a) 
A landlord shall not retaliate against a tenant by engaging in any of the
activities specified in subsection (1)(b) of this section in response to the
tenant:

(I) 
Having made a good faith complaint to the landlord, to a nonprofit organization
or third party, or to a governmental agency alleging a condition described by
section 38-12-505 (1) or any condition that materially interferes with the
life, health, or safety of the tenant;

(II) 
Organizing or becoming a member of a tenants' association or similar
organization; or

(III) 
Exercising or attempting to exercise in good faith any right or remedy afforded
to a tenant pursuant to section 38-12-507.

(b) 
Prohibited retaliation includes:

(I) 
Increasing rent or decreasing services;

(II) 
Terminating or not renewing a rental agreement or contract without written
consent of the tenant;

(III) 
Bringing or threatening to bring an action for possession;

(IV) Taking
action that in any manner intimidates, threatens, discriminates against,
harasses, or retaliates against a tenant; or

(V) 
Charging the tenant or seeking to collect from the tenant any fee, cost, or
penalty.

(1.5) A
tenant may assert that the landlord retaliated against the tenant in violation
of subsection (1) of this section as a defense to a landlord's action for
possession, including a landlord's action for possession based on:

(a) A
monetary or nonmonetary violation of the rental agreement;

(b) A
notice to terminate tenancy or vacate;

(c) An
expiration of the tenant's rental agreement; or

(d) The
nonpayment of rent resulting from a retaliatory rent increase.

(1.7) 
To prove a claim or defense under this section, a tenant does not need to prove
that retaliation was the sole reason a landlord engaged in any of the
activities described in subsection (1)(b) of this section; a tenant need only
demonstrate that the tenant's protected activity under subsection (1)(a) of
this section was a motivating factor that influenced the landlord's decision to
engage in any of the activities described in subsection (1)(b) of this section.

(2) If
a landlord retaliates against a tenant in violation of subsection (1) of this
section, the tenant:

(a) 
Shall recover damages in an amount not more than three months' periodic rent or
three times the tenant's actual damages, whichever is greater, plus reasonable
attorney fees and costs; and

(b) May
terminate the rental agreement.

(3) If
a landlord elects to replace a malfunctioning appliance, but does so with a new
appliance that is not identical to the appliance being replaced, there is a
rebuttable presumption in favor of the landlord that the landlord's selection
of a different appliance was not retaliatory so long as the replacement
appliance provides substantially the same features as the original appliance.

(4) 
(Deleted by amendment, L. 2019.)

(5) 
Nothing in this section precludes a landlord from serving a tenant with a
notice to terminate tenancy or a notice to vacate to the extent allowable under
the law.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 38-12-509 prohibits landlords from taking adverse actions against tenants because those tenants complained about housing conditions, joined a tenants' organization, or exercised legal rights. Prohibited retaliatory acts include raising rent, cutting services, threatening eviction, or charging new fees. A tenant who proves retaliation was even a motivating factor—not necessarily the only reason—behind a landlord's action may recover damages of up to three months' rent or three times actual damages, whichever is greater, plus attorney fees, and may also have the right to terminate the lease.

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

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-509, compliant operators are careful to document legitimate, non-retaliatory business reasons for any rent increase, service change, lease non-renewal, or eviction notice—particularly when those actions follow a tenant complaint or the tenant's exercise of a legal right. Because the statute sets a relatively low bar for tenants (a protected activity need only be a 'motivating factor'), operators generally maintain contemporaneous records showing that decisions were driven by objective factors such as market conditions, lease violations, or maintenance needs. When replacing a malfunctioning appliance with a different model, landlords can benefit from the rebuttable presumption in subsection (3) by ensuring the replacement provides substantially the same features as the original.

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. § 38-12-509 gives tenants protection against a range of landlord actions—rent hikes, service reductions, eviction threats, harassment, or new fees—when those actions follow a complaint about housing conditions, union organizing activity, or the exercise of a legal right. Importantly, subsection (1.5) allows a tenant to raise retaliation as a defense in an eviction proceeding, including cases based on nonpayment of a retaliatory rent increase, a lease expiration, or a notice to vacate. Tenants who believe they are experiencing retaliation may consider documenting the timeline of events, reaching out to a local tenant-rights organization, or consulting an attorney to understand the remedies available under this provision.

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
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-505
Not yet ingested
Colo. Rev. Stat. § 38-12-507
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 47a-20
(Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
§ 47a-20a
Actions deemed not retaliatory.

Source Information

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