Colorado Revised Statutes Title 38. Property Real and Personal § 38-12-509. Prohibition on retaliation

(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:

(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:

(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 Laws 2019, Ch. 229 (H.B. 19-1170), § 8, eff. Aug. 2, 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.