ASK THE LAWYER
DEBBIE WILSON, Springman, Braden, Wilson & Pontius, PC
Sexual Assault Victims May Break Lease
HB 17-1035 was signed into law by the Governor on June 1, 2017
U
nder Colorado law, before June 1,
2017, if a tenant is the victim of do-
mestic violence or domestic abuse
and provides (1) a valid restraining
order or (2) a police report less than 60 days old.
showing the tenant is the victim of DV or DA,
then the tenant can request to be released from
his/her lease if he/she is in fear of the former
sexual partner. The Landlord must allow him/her
to lease immediately (no advanced notice can be
demanded), and the tenant will owe up to 30 more
days of rent from the date of move-out.
Most attorneys agree that the Landlord is
also entitled to request compensation for any
cleaning and damage, above normal wear and
tear, although the statute is silent on that issue.
If the place is re-rented quickly, within 30 days
after move-out, the Landlord can only charge
the departing tenant for the days of lost rent,
rather than the full 30 days. Landlord may not
charge the victim for lease break, future rent
after the 30 days or attorney’s fees. The victim
has 90 days to pay any sums owed, if the amount
owed is not fully covered by the deposit. CRS
38-14-402. In addition to (1) a valid Restraining order
or (2) recent police report, a tenant can show (3)
a note from a medical professional (for DV,
Domestic abuse or unlawful sexual behavior) or
(4) documentation from an Application Assistant
from the Colorado address confidentiality pro-
gram specialist. (for DV, victims of unlawful
sexual behavior, domestic abuse or stalking).
The new law signed by the governor HB
17-1035 (see link above) adds more ways that a
tenant can get out of their leases. It expands the
list of protected classes so it is not just DV and
DA victims now, but also victims of unlawful
sexual behavior and stalking. The new law also
expands the ways that a tenant can prove that
they are victims of DV, domestic abuse, unlaw-
ful sexual behavior, or stalking. For More Information
» » Read the full law: https://openstates.org/
co/bills/2017A/HB17-1035/
» » See https://www.colorado.gov/pacific/dcs/
acp for more information on that program.
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JULY 2017 • TRENDS | 31