Section 38-12-509 - Prohibition on retaliation(1)(a) A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant:(I) Having made a good faith complaint to the landlord or to a governmental agency alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant; or(II) Organizing or becoming a member of a tenants' association or similar organization.(b) Prohibited retaliation includes: (I) Increasing rent or decreasing services;(II) Terminating a lease or contract without written consent of the tenant except as otherwise provided by law;(III) Bringing or threatening to bring an action for possession; or(IV) Taking action that in any manner intimidates, threatens, discriminates against, or retaliates against a tenant. (1.5) A tenant may assert as a defense to a landlord's action for possession, including an action for possession based on a nonmonetary violation of the rental agreement or an action for possession based upon a notice to terminate tenancy or vacate, that the landlord retaliated against the tenant in violation of subsection (1) of this section.(2) If a landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant may terminate the rental agreement and recover an amount not more than three months' periodic rent or three times the tenant's actual damages, whichever is greater, plus reasonable attorney fees and costs.(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 amendment, L. 2019.)Amended by 2024 Ch. 113,§ 14, eff. 4/19/2024.Amended by 2023 Ch. 169,§ 7, eff. 5/12/2023.Amended by 2019 Ch. 229, § 8, eff. 8/2/2019.L. 2008: Entire part added, p. 1826, § 3, effective September 1.Section 10 of chapter 229 (HB 19-1170), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.