Breaking a Lease After Domestic Violence — Colorado
By Attorney Charles E. Liken Jr., former Colorado Deputy District Attorney. 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 the Legal Front Lines · Former Government Investigator, Denver Human Services · Licensed Colorado Attorney · 20+ Years in Private Practice · Former Colorado Deputy District Attorney · 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. A lease cannot take away your right to call the police or other emergency help (C.R.S. § 38-12-402(1)), a lease term that bars you from changing your locks or taking other reasonable safety steps is void (C.R.S. § 38-12-402(7)(a)), and a lease cannot waive the domestic-violence defense to an eviction (C.R.S. § 13-40-104(4)(c)).
- 3 · Gather one piece of proof — you have several options. A self-attestation affidavit you sign yourself (added in 2025), a letter from a qualified third party such as a victim advocate, attorney, social worker, medical or mental-health provider, or faith leader, a police report from the last 120 days, or a protection order. 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 what you can owe — at most one month's rent. 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. You may change your locks (including electronic locks) or add other reasonable safety measures. Your landlord cannot stop you, charge a fee, or retaliate, and you should give the landlord a key or code within 14 days (unless the landlord is the person who harmed you).
- 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.
Start here: a no-charge 20-minute phone call directly with Attorney Liken.
You don't have to navigate this alone.
No-charge 20-minute phone consultation with Attorney Liken — whichever step you're on.