Section 38-12-905 - Violations - liability - notice required - exceptions - no exhaustion of remedies required(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.Amended by 2023 Ch. 402,§ 3, eff. 8/7/2023.Amended by 2023 Ch. 151,§ 4, eff. 8/7/2023.Added by 2019 Ch. 129, § 1, eff. 8/2/2019.L. 2019: Entire part added, (HB 19-1106), ch. 583, p. 583, § 1, effective August 2.Amendments to subsection (1) by SB 23-184 and HB 23-1099 were harmonized.
2023 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2023 Ch. 151, was passed without a safety clause. See Colo. Const. art. V, § 1(3).