Cal. Civ. Code § 38-12-905
Violations - liability - notice required - exceptions - no exhaustion of remedies required.
Operative Text
(1) Except as described in subsections (3) and (5) of this section, a landlord who violates any provision of this part 9 is liable to the prospective tenant aggrieved by the violation for two thousand five hundred dollars, plus court costs and reasonable attorney fees. (2) A person who intends to file an action pursuant to subsection (1) of this section shall notify the landlord of such intention not less than seven calendar days before filing the action. (3) A landlord who corrects or cures a violation of this part 9 not more than seven calendar days after receiving notice of the violation shall pay the prospective tenant aggrieved by the violation a penalty of fifty dollars but otherwise is not liable for damages as described in subsection (1) of this section. (4) A person who purposefully and in bad faith brings a meritless claim against a landlord under this part 9 is liable for the landlord's court costs and reasonable attorney fees in defending the claim. (5) (a) A landlord who violates section 38-12-904 (1)(c) or (1)(d) is subject to an initial penalty of fifty dollars, to be paid to the party aggrieved by the violation. A landlord who violates section 38-12-904 (1)(c) or (1)(d) and does not cure the violation pursuant to subsection (3) of this section is also subject to a statutory penalty of two thousand five hundred dollars, to be paid to the aggrieved party in addition to the initial penalty imposed under this subsection (5)(a) and any economic damages, court costs, and attorney fees. (b) The relief provided in subsection (5)(a) of this section is an alternative to and in addition to any other relief authorized by law, and a person who seeks redress under this section is not required to exhaust administrative remedies.
Colorado Revised Statutes § 38-12-905 establishes a liability framework for landlords who violate the state's rental application and screening rules under Part 9. A landlord who commits a violation generally owes the aggrieved prospective tenant $2,500 plus court costs and attorney fees, but that amount drops to $50 if the landlord corrects the violation within seven calendar days of receiving notice. Certain violations—specifically those involving §§ 38-12-904(1)(c) or (1)(d)—carry a separate initial $50 penalty plus an additional $2,500 if not cured in time. The provision also protects landlords from bad-faith claims by making a claimant who brings a meritless suit liable for the landlord's defense costs.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-905, landlords who receive a written notice of a Part 9 violation have a seven-calendar-day window to correct the issue and limit their exposure to a $50 penalty rather than the full $2,500 statutory damages amount. Operators who maintain clear, documented screening and application practices are generally better positioned to identify and cure any inadvertent errors quickly once notified. Because a prospective tenant must give at least seven days' notice before filing suit, a compliant operator typically uses that window to review the alleged violation and respond in writing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-905 gives prospective tenants who are harmed by a landlord's violation of Part 9 the right to seek $2,500 in statutory damages, plus court costs and reasonable attorney fees, through a civil action. Before filing, a prospective tenant is generally required to notify the landlord of the intended action at least seven calendar days in advance, which gives the landlord a chance to cure—though a cure limits recovery to $50. Importantly, § 38-12-905(5)(b) makes clear that no administrative remedy needs to be exhausted first; tenants may wish to consult a tenant-rights organization or legal aid office to understand which enforcement path fits their circumstances.
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.
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