Does the law in Colorado permit me to terminate the lease for the safety of my life and my child’s life?

Full question:

My husband lost his job a while back and his life has been a spiraling down since. He is turning into a completely irrational and abusive personality. I fear for the safety of my life and my child’s life. I want to terminate the lease of our rented apartment and move back with my parents. Does the law in Colorado permit me to terminate the lease?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: Colorado

Answer:

Yes, the tenancy laws in Colorado does provide for such contingency when a lease can be terminated prior to its expiry in case domestic abuse. In the given instance, the tenant who has an eminent threat to her and her child’s life may terminate the lease by giving sufficient notice and proof of such domestic abuse per C.R.S. 38-12-402. It reads:
 

“(1) A landlord shall not include in a residential rental agreement or lease agreement for housing a provision authorizing the landlord to terminate the agreement or to impose a penalty on a residential tenant for calls made by the residential tenant for peace officer assistance or other emergency assistance in response to a domestic violence or domestic abuse situation. A residential tenant may not waive the residential tenant's right to call for police or other emergency assistance.
(2) (a) If a tenant to a residential rental agreement or lease agreement notifies the landlord in writing that he or she is the victim of domestic violence or domestic abuse and provides to the landlord evidence of domestic violence or domestic abuse in the form of a police report written within the prior sixty days or a valid protection order and the residential tenant seeks to vacate the premises due to fear of imminent danger for self or children because of the domestic violence or domestic abuse, then the residential tenant may terminate the residential rental agreement or lease agreement and vacate the premises without further obligation except as otherwise provided in paragraph (b) of this subsection (2).
(b) If a tenant to a residential rental agreement or lease agreement terminates the residential rental agreement or lease agreement and vacates the premises pursuant to paragraph (a) of this subsection (2), then the tenant shall be responsible for one month's rent following vacation of the premises, which amount shall be due and payable to the landlord within ninety days after the tenant vacates the premises. The landlord shall not be obligated to refund the security deposit to the tenant until such time as the tenant has paid the one month's rent pursuant to this section. Notwithstanding the provisions of section 38-12-103, the landlord and the tenant to a residential rental agreement or lease agreement may use any amounts owed to the other to offset costs for the one month's rent or the security deposit. The provisions of this paragraph (b) shall apply only if the landlord has experienced and documented damages equal to at least one month's rent as a result of the tenant's early termination of the agreement.
(3) Nothing in this part 4 authorizes the termination of tenancy and eviction of a residential tenant solely because the residential tenant is the victim of domestic violence or domestic abuse.”