Is Housing a Right in Colorado?
Currently, HB 25-1168 has two titles – Housing Protections for Victim Survivors and Expanded Protections for Victims of Gender-Based Violence. Once the legislators decide on a name, the law could hold rental real estate investors and property management companies liable for societal issues that are far beyond their control. The law wants to protect the housing of victims of unlawful sexual behavior and stalking. On the surface, who would not want to help such victims? However, the law is flawed because the only requirement to gain these protections is self-attestation. The low burden of proof, critics argue, opens the door to potential abuse.
What Does This Mean for Property Owners in Colorado?
The implications for landlords are substantial and are listed below.
Property Owners Pay for Damages: The law states that for rental properties damaged during unlawful sexual behavior, stalking, domestic violence, or abuse, the tenant can claim victim-survivor status, making property owners liable for any damage.
Lease Termination with Minimal Penalty: The bill allows tenants to terminate their lease with a maximum penalty of only 30 days’ rent.
High Non-Compliance Costs: If a landlord fails to comply with the new law, they are subject to a minimum liability of $5,000 to the tenant, in addition to attorney fees.
Mandatory Payment Plans: If a tenant falls behind on rent, the property owner is legally required to accept a payment plan for the past-due amounts. Representative Naquetta Ricks seems to be transfixed on payment plans. Her bill, HB25-1249, gave tenants the option to pay security deposits in six-month installments.
Increased Service Costs: The law requires property owners to personally serve the tenant three separate times before posting a notice or sending it via certified mail. These additional actions increase compliance costs.
No Debt Collection: The bill prohibits property owners from collecting deficiencies for nonpayment of rent.
A Hypothetical Scenario Illustrates the Risk
Assume a tenant has a friend over, they consume alcohol, an argument ensues, and the tenant throws a chair through a window, causing thousands of dollars in damage. The tenant can claim victimhood and decide not to pay rent. Under the new law:
• The property owner must offer a payment plan for the unpaid rent.
• The owner must personally serve notice.
• The property owner is responsible for paying to fix the damaged window.
• The owner cannot collect for the damage to the unit.
• If the owner doesn’t absorb these costs and follow all the new rules, they could be liable for a minimum of $5,000.
The Broader Impact
HB 25-1168 and similar laws addressing habitability, collections, and victim housing protections push larger societal issues and costs onto private property owners. Colorado Democrats claim they want more affordable housing, but their actions reduce rental availability, which forces up rent and real estate prices across the state.
Industry Push Back
Colorado House Bill 25-1168 received significant pushback from several trade associations during the 2025 legislative session. Landlord groups raised concerns about the potential for unfair financial burdens and increasing costs of doing business for owners, landlords, and property management companies.
The Colorado Apartment Association (CAA) was among the most vocal critics. In early drafts of the bill, tenants could terminate leases due to abuse without financial responsibility. It prohibited landlords from hiring third-party collectors for nonpayment of past-due rent. Additionally, landlords feared the bill would expose them to mandatory jury trials in eviction cases and impose sweeping disclosure requirements. In response, the CAA successfully advocated for amendments that allow landlords to recover up to one month’s rent, provided they can demonstrate documented proof of economic loss. Landlords must also present this documentation within 30 days of the tenant’s departure. Furthermore, any assignment of related debt to a collection agency now requires a 90-day written notice along with proper documentation.
Other trade organizations, such as the Colorado Housing Coalition and the Rocky Mountain Home Association, expressed the need for clearer definitions, stronger procedural safeguards, and a more balanced approach that protects both survivors and landlords.
The final version of HB25-1168 includes several key compromises. Survivors may terminate leases early without owing for physical damages caused by abuse, provided they submit valid documentation such as a police report, restraining order, or affidavit. Landlords may recover up to one month’s rent for substantiated economic losses. To pursue collection, landlords must give notice within 48 hours of the tenant’s departure and wait 90 days before transferring the debt to a collection agency.
Ultimately, the pushback from trade associations helped reshape the bill into a more balanced framework, providing meaningful protections for abuse survivors seeking to exit dangerous housing situations but preventing undue hardship on landlords.
Owners who are too busy to keep up with all the new tenant rights laws over the last two years should consider putting their rentals under professional management. DenCO Property Management is familiar with Colorado and Denver rental property regulations, including the revamped warranty of habitability law. We have been in business since 1999 and manage 175 rentals in the DU, Washington Park, and other Denver neighborhoods. Please call 303-722-9688 or fill out this form on the contact page.
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