Preventing an Eviction

Introduction- Here are some strategies to help you avoid being evicted. You may have already tried
to negotiate with your landlord to pay part of your rent now and the balance after the Covid-19
situation calms down and you can safely return to work again. If this did not work:

Tenant Eviction Defenses

Even though a landlord might have a valid legal reason to evict a tenant, the
tenant can still choose to fight the eviction. The tenant could have a valid
legal defense, such as, the landlord has failed to maintain the rental unit, or
that it would be reckless endangerment to evict a tenant during the corona-
virus crisis. This decision to fight the eviction could increase the cost of the
lawsuit (for the landlord) or increase the amount of time the tenant has to
remain in the rental unit.

Removal of the Tenant

The only person who is authorized to remove a tenant from the rental unit is a law enforcement officer
(police). Under Colorado law, it is never legal for a landlord to attempt to force the tenant to move out
of the rental unit immediately. Do not allow the landlord to scare you with threats that the police will
be coming over to arrest you. They cannot do this legally and they could be fined or sued in court. Do
not let them have a private security guard pretend to be a police officer in order to get you to move
out immediately.

State Laws Against Landlord Retaliation

In almost all states, it is illegal for a landlord to retaliate against tenants (try to punish them) for acting
within their legal rights. For example, if you have complained to a building inspector, fire department,
health inspector, or other governmental agency about unsafe, unhealthy, or illegal living conditions, or
even withheld part or all of the rent for an uninhabitable unit.

If You Do Move Out or Are Evicted

Do not leave any possessions behind. In Colorado, the landlord is not required to contact the tenant
before disposing of the property. (Colo. Rev. Stat. § 13-40-122.) The property is considered
abandoned, and the landlord can immediately dispose of it. If the landlord does choose to store the
property until the tenant claims it, the landlord can charge the tenant the costs of the storage.
However, the landlord is not liable to the tenant for any damage that may come to the property while
the landlord is storing it.

Resources
Tenant Resources: https://cedproject.org/#materials-for-tenants
Legal forms. Inexpensive, do-it-yourself: https://www.nolo.com/