Landlord Retaliation Legal Rights

Summary

In Colorado, landlords are prohibited from retaliating against tenants for exercising their legal rights. Retaliation can include actions like eviction, raising rent, or reducing services after a tenant asserts their rights. Tenants have the right to sue for damages if they experience retaliation. Its crucial to document all interactions and notices from the landlord as evidence. If a landlord refuses rent payment and retains the money, it may be considered wrongful retention. Tenants can seek assistance from Colorado Legal Services or tenant advocacy groups if they cannot afford a lawyer. Misapplication of municipal codes, especially if they pertain to non-residential properties, should be reviewed and potentially challenged. Consider filing a formal complaint with the Colorado Division of Housing for any misapplication of laws or retaliatory actions.

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I'm located in Colorado and I'm having trouble with my landlord. I believe they are retaliating against me for exercises my rights
If you suspect landlord retaliation in Colorado, it's important to understand your rights and protections under Colorado law. Here are some key points:
- Colorado law prohibits landlords from retaliating against tenants for exercising their legal rights.
- Retaliation can include raising rent, decreasing services, or threatening eviction after you assert your rights.
- You may have legal recourse, including the right to sue for damages.
To better assist you, could you share more details about what actions your landlord has taken that you believe are retaliatory?
So may of this year my rent was late and 3 days past the 10 days we are giving to pay our rent after the 10 days we have before we are late. So in other words we have 10 days to pay our rent, them another 10 days when they post the demand for payment. So I paid 3 days after the date for the demand. It was due on a Friday but I put it in the collection box Monday morning before they opened. It was the 24th I believe. So by the end of the day they had posted an eviction for none payment on our door. In our payment system online it also shows that my payment was posted that very same day. So we got a pro bono lawyer to help with this eviction and it got dismissed the begining of June. Then June * we find a termination of tenantacy for our yard needing picked up and also for our porch supposedly needing rebuilt because it was 'unsafe'. Which our porch is not 'unsafe' it simply needed painting. Our yard did need picked up but the stuff wasn't trash it was building materials and stuff that we had to move out of the house while we worked on the inside.
It sounds like you may have a strong case for landlord retaliation. Colorado law protects tenants from retaliation when they exercise their legal rights. Here are some key points:
- Retaliation Prohibited: Landlords cannot retaliate against tenants for exercising their legal rights.
- Examples of Retaliation: Includes eviction, raising rent, or decreasing services after a tenant asserts their rights.
- Legal Recourse: Tenants can sue for damages resulting from retaliation.
Have you documented all the actions your landlord has taken and any communications between you two? This could be crucial evidence if you decide to pursue legal action.
I have all the papers they've given us.
It's great that you have documented all the papers and communications. This can be crucial evidence. Consider doing the following:
- Continue to document any further incidents.
- Speak with your pro bono lawyer about the new termination notice.
- Consider filing a formal complaint with the Colorado Division of Housing.
Do you have any other questions or need more specific information?
I have some more information to add
Got it, Andrea. Feel free to share the additional information you have. This can help provide more targeted advice and guidance.
Ok so they have given us notice after notice for our yard and for the porch. But only to clean the porch off, never said anything about it needing rebuilt or posing a safety hazard until the termination of tenantacy. That's when they brought up tearing it down and rebuilding it. when it really just needed some minor repairs and painted. But it has been the way it was long before we even moved in and long before they made it an issue all of a sudden.
It sounds like you have a potentially strong case for landlord retaliation. Here are some additional steps you might consider:
- Contact Your Lawyer: Discuss all new developments and notices with your pro bono lawyer.
- Document Everything: Continue documenting all communications and notices from the landlord.
- Formal Complaint: Consider filing a formal complaint with the Colorado Division of Housing.
Do you have any more questions or need more specific information?
Yes I have more to ask or add
Sure thing, Andrea! What's the additional information you have or what more would you like to ask?
So when we paid rent this month, Sept, we get a notice that says they won't accept our rent because we are under a * right to cure. But, they have not returned our payment to us and have not applied it to our account.
It seems your landlord's refusal to accept rent could be another form of retaliation. Here are some steps to consider:
- Consult Your Lawyer: Discuss the *-day right to cure and non-acceptance of rent.
- Keep Records: Document the payment attempt and the notice.
- Formal Complaint: Consider filing a complaint with the Colorado Division of Housing.
Do you have any more questions or need further details?
Can they refuse my rent payment and then just keep it?!
It is generally illegal for a landlord to refuse rent payment and then keep the money without applying it to your account or returning it. This could be considered a form of wrongful retention.
Do you have a receipt or proof of the payment that was made?
I have a money order receipt and the notice they put on our door saying they would not be accepting it.
It sounds like you have a strong case for landlord retaliation and potentially wrongful retention of payment.
- Document Everything: Keep all receipts, notices, and communications.
- Legal Consultation: Discuss this with your pro bono lawyer immediately.
- Formal Complaint: File a complaint with the Colorado Division of Housing.
Do you need further assistance or more specific information?
We only had a pro bono lawyer for the last eviction. Since that case was over, they closed our file. We no longer have that benefit. So what should I do if I don't have a lawyer and can't afford one
You have several options for legal support even if you can't afford a lawyer:
- Legal Aid: Contact Colorado Legal Services for assistance.
- Tenant Unions: Join local tenant unions or advocacy groups.
- Self-Help Resources: Use online legal resources and guides for self-representation.
Would you like more information on any of these options?
How difficult would a case such as this be to represent myself
Representing yourself in a landlord retaliation case can be challenging but not impossible. Here are some key points:
- Documentation: Keep all evidence organized.
- Legal Resources: Use guides and templates from trusted sources.
- Court Procedure: Familiarize yourself with local court procedures.
- Consultation: Seek brief consultations with lawyers for guidance.
Would you like more details on any specific step?
I just like to add some more information
Sure, Andrea, feel free to share any additional information you have.
So when we first moved in we were living with my step daughter and her boyfriend. They moved out and gave us the trailer. We submitted an application to be approved for the park. We also had a friend submit an application to be a cosigner. Then anytime we called to see what was going on with our applications we were told they had no information on any of what we were saying. So after trying several times and the original owner already moved out we just continued to pay the rent every month and they continued to accept it. Until it was brought to their attention that the original owner had moved out. They then tried to evict us. This was really the first time they tried to evict us. We got this case dismissed also. They had to let us sign a lease with them.
It sounds like you have a potentially strong case for landlord retaliation and wrongful retention of payment. Given your additional information, here are some steps you might consider:
- Document Everything: Keep all records, including applications, payments, and notices.
- Consult Legal Aid: Reach out to Colorado Legal Services for assistance.
- File a Complaint: Consider filing a formal complaint with the Colorado Division of Housing.
Would you like more details on contacting Colorado Legal Services or filing a complaint?
Are you able to answer questions about municipal code
Yes, I can provide general information about municipal codes. Could you please specify which particular municipal code or issue you need information about?
So on the termination of tenantacy it's says it's for violating municipal code for the city of Thornton. I think that the code they are using doesn't apply to us. For example Thornton municipal code Sec. *-* and Sec. *-*
To better assist you with the specifics of Thornton municipal code Sec. *-* and Sec. *-*, could you please provide the exact text or subject matter of these sections? This will help in determining whether the codes have been misapplied in your situation.
ARTICLE V. - SOUTH THORNTON URBAN RENEWAL AUTHORITY NON-RESIDENTIAL PROPERTY MAINTENANCE CODE. | Code of Ordinances | Thornton, CO | Municode Library CivicPlus logo Code of Ordinances Thornton, Colorado - Code of Ordinances Chapter * - BUILDING CODE ARTICLE V. - SOUTH THORNTON URBAN RENEWAL AUTHORITY NON-RESIDENTIAL PROPERTY MAINTENANCE CODE. Secs. *-*—*-*. - Reserved.ARTICLE VI. - NEGLECTED AND DERELICT BUILDINGS CODE. ARTICLE V. - SOUTH THORNTON URBAN RENEWAL AUTHORITY NON-RESIDENTIAL PROPERTY MAINTENANCE CODE. DIVISION *. - SCOPE AND APPLICATION Sec. *-*. - General. (a)Title. The regulations shall be known as the South Thornton Urban Renewal Authority Non-Residential Property Maintenance Code of the City of Thornton (hereafter referred to as "this code").(b)Scope. The provisions of this code shall apply to all existing non-residential structures and all existing premises located in the South Thornton URA area and shall constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, owners' authorized agents, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.(c)Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.(d)Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (Ord. No. *, § *, *-*-*) Sec. *-*. - Applicability. (a)General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.(b)Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner's authorized agent, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied building, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.(c)Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code and NFPA *. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City Code.(d)Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.(e)Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.(f)Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.(g)Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Division * and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections *-*(g)(*) and *-*(g)(*).(*)Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.(*)Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.(*)Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.(h)Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.(i)Application of references. References to division or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such division, section or provision of this code.(j)Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. (Ord. No. *, § *, *-*-*) DIVISION *. - ADMINISTRATION AND ENFORCEMENT Sec. *-*. - Liability and fees. (a)Liability. The building official, member of the building code advisory board or employee charged with the enforcement of this building code, while acting in the course and scope of their duties required by this building code or other pertinent law or ordinance, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this building code shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings.(b)Fees. The fees for permits, activities and services performed by the department in carrying out its responsibilities under this code shall be in an amount established by the schedule of fees as adopted by resolution by the city council. (Ord. No. *, § *, *-*-*) Sec. *-*. - Duties and powers of the code official. (a)General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.(b)Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.(c)Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner; owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.(d)Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.(e)Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.(f)Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. (Ord. No. *, § *, *-*-*) Sec. *-*. - Approval. (a)Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.(b)Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.(c)Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.(*)Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.(*)Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.(d)Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official.(e)Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.(f)Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. (Ord. No. *, § *, *-*-*) Sec. *-*. - Violations. (a)Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.(b)Notice of violation. The code official shall serve a notice of violation or order in accordance with Section *-*.(c)Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section *-* shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.(d)Violation penalties. Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.(e)Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. (Ord. No. *, § *, *-*-*) Sec. *-*. - Notices and orders. (a)Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections *-*(b) and *-*(c) to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section *-*(c).(b)Form. Such notice prescribed in Section *-*(a) shall be in accordance with all of the following:(*)Be in writing.(*)Include a description of the real estate sufficient for identification.(*)Include a statement of the violation or violations and why the notice is being issued.(*)Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the building or structure into compliance with the provisions of this code.(*)Inform the property owner or owner's authorized agent of the right to appeal.(*)Include a statement of the right to file a lien in accordance with Section *-*(c).(c)Method of service. Such notice shall be deemed to be properly served if a copy thereof is:(*)Delivered personally;(*)Sent by certified or first-class mail addressed to the last known address; or(*)If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.(d)Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.(e)Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section *-*(d).(f)Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. (Ord. No. *, § *, *-*-*) Sec. *-*. - Unsafe structures and equipment. (a)General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.(b)Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.(*)Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.(*)Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.(*)Unlawful structure. An unlawful structure is one found in whole or in part was erected, altered or occupied contrary to law.(*)Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described in the Uniform Code for the Abatement of Dangerous Buildings as amended and adopted by the city shall be considered a dangerous building.(c)Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon fai
Andrea, it seems like the South Thornton Urban Renewal Authority Non-Residential Property Maintenance Code applies to non-residential properties. If your landlord is citing these codes for a residential property, it may be a misapplication of the law. Here are steps you can take:
- Review Code: Ensure the cited sections truly apply to your situation.
- Consult Legal Aid: Contact Colorado Legal Services for assistance.
- Formal Complaint: File a complaint with the Colorado Division of Housing for potential misapplication of the code.
Would you like more details on any of these steps?
Did I mention we own our mobile home out right
If you own your mobile home outright, it strengthens your position. Here are some steps you can take:
- Review Code: Verify that the cited municipal codes apply to your situation.
- Consult Legal Aid: Reach out to Colorado Legal Services for help.
- File a Complaint: Consider filing a formal complaint with the Colorado Division of Housing.
Would you like more details on any of these steps?