Breaking a Lease After Domestic Violence — Colorado
Colorado law lets survivors of domestic violence, unlawful sexual behavior, and stalking end a residential lease early and leave safely — C.R.S. § 38-12-402, strengthened in 2025. Here is the whole path, start to finish.
Charles E. Liken Jr., Esq. — On Colorado's Legal Front Lines Since 1995 · Government Investigator, Denver Human Services (1997–2003) · Licensed Colorado Attorney Since 2003 ~ 20+ Years in Private Practice · Colorado Deputy District Attorney (2018–2020) · Colorado Court-Appointed Child and Family Investigator
Start to finish: leaving the lease, keeping your money
- 1 · Safety first. If you are in danger, call 911. This page has a Quick Exit button at the top. For shelters (including pet-friendly ones), advocates, and 24/7 hotlines, start at our Safety & Victim Resources hub.
- 2 · Know who qualifies. Tenants who are victims of domestic violence or domestic abuse, unlawful sexual behavior, or stalking — the 2025 update (HB 25-1168) frames this as protection for survivors of gender-based violence and applies statewide, no matter what your lease says: a lease clause waiving these rights is void under C.R.S. § 38-12-401.
- 3 · Gather one piece of proof — you now have easy options. A police report, a protection order, or — new in 2025 — a self-attestation affidavit you sign yourself, or a letter from a qualified third party: a medical or mental-health professional, victim advocate, attorney, clergy member, or law-enforcement official. You do not need a criminal case to use this law.
- 4 · Give the landlord written notice. Tell the landlord in writing that you are a victim and are ending the lease under C.R.S. § 38-12-402, attach your proof, and state your move-out date. Keep a copy of everything. Start with our free draft termination letter (Letter 1, with the statute built in) — or we can prepare it for you, correctly, the first time.
- 5 · Know exactly what you can owe — often nothing. If another tenant stays on the lease, you owe nothing for leaving. If no one stays, the most the landlord can collect is one month's rent, due within 90 days — and only if the landlord documents actual economic damages within 30 days. No early-termination fees, no rest-of-the-lease liability.
- 6 · Staying instead? Change the locks. With your documentation, you have the right to have the locks changed (or add security measures) — the landlord cannot refuse, charge punitive fees, or retaliate.
- 7 · Get your deposit back. Leaving under this statute is a lawful termination — normal security-deposit rules still protect you, and the landlord cannot keep the deposit as a penalty for using your rights.
- 8 · Pair it with the rest of your safety plan. A civil protection order restrains the abuser; the Address Confidentiality Program keeps your next address private; and if a divorce or custody case is part of the picture, that is exactly what we do.
Leaving safely shouldn't cost you the lease penalty too. We'll paper it right — notice, proof, deposit, and the exit.
Your choice: no-charge 20-minute phone call OR in-depth hour ($300) — both directly with Charles.
You don't have to navigate this alone.
No-charge 20-minute phone consultation with Charles — whichever step you're on.