§ 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, to a nonprofit
organization or third party, 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;

(II) Organizing or becoming a member of a tenants' association or similar
organization; or

(III) Exercising or attempting to exercise in good faith any right or remedy
afforded to a tenant pursuant to section 38-12-507.

(b) Prohibited retaliation includes:

(I) Increasing rent or decreasing services;

(II) Terminating or not renewing a rental agreement or contract without
written consent of the tenant;

(III) Bringing or threatening to bring an action for possession;

(IV) Taking action that in any manner intimidates, threatens, discriminates
against, harasses, or retaliates against a tenant; or

(V) Charging the tenant or seeking to collect from the tenant any fee, cost,
or penalty.

(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:

(a) A monetary or nonmonetary violation of the rental agreement;

(b) A notice to terminate tenancy or vacate;

(c) An expiration of the tenant's rental agreement; or

(d) The nonpayment of rent resulting from a retaliatory rent increase.

(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:

(a) Shall recover damages in 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; and

(b) May terminate the rental agreement.

(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.)

(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.

Legislative History

Source: L. 2008: Entire part added, p. 1826, � 3, effective September 1. L. 2019: Entire section amended, (HB 19-1170), ch. 229, p. 2313, � 8, effective August 2. L. 2023: (1) amended and (1.5) added, (HB 23-1254), ch. 169, p. 828, � 7, effective May 12. L. 2024: (1.5) amended, (HB 24-1098), ch. 113, p. 367, � 14, effective April 19; (1), (1.5), and (2) amended and (1.7) and (5) added, (SB 24-094), ch. 158, p. 726, � 8, effective May 3.