Eviction Answer and Affirmative Defenses (Residential Tenant — JDF 103 Companion)

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — COLORADO EVICTION

TABLE OF CONTENTS

1. Caption
2. General Denials
3. Specific Responses to Complaint Allegations
4. Affirmative Defenses
5. Counterclaims
6. Demand for Trial by Jury
7. Request for Sealing
8. Prayer for Relief
9. Signature
10. Verification
11. Exhibits and Attachments
12. Certificate of Service
13. Tenant Practice Notes
14. Sources and References

1. CAPTION

☐ DISTRICT COURT, [__________] COUNTY, COLORADO
☐ COUNTY COURT, [__________] COUNTY, COLORADO

Court Address: [____________________________________________]

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS OF DEFENDANT-TENANT
(Residential Tenancy — Pursuant to C.R.S. § 13-40-113)

2. GENERAL DENIALS

Defendant-Tenant [NAME] ("Tenant"), by and through ☐ counsel ☐ pro se, answers Plaintiff's Complaint in Forcible Entry and Detainer and states as follows:

2.1 Tenant DENIES generally and specifically each and every allegation of the Complaint not expressly admitted herein.

2.2 Tenant DENIES that Plaintiff is entitled to possession of the Premises.

2.3 Tenant DENIES that Plaintiff is entitled to the money damages claimed.

2.4 Tenant DENIES that any predicate notice was lawfully drafted, served, or sufficient under Colorado law.

2.5 Tenant DENIES that Plaintiff has pleaded a valid statutory cause for eviction under C.R.S. § 38-12-1303 (HB 24-1098).

3. SPECIFIC RESPONSES TO COMPLAINT ALLEGATIONS

[For each numbered paragraph of Plaintiff's Complaint, state ADMIT, DENY, or LACK SUFFICIENT INFORMATION TO ADMIT OR DENY (which has the effect of denial). Examples below; replace with paragraph-by-paragraph response.]

4. AFFIRMATIVE DEFENSES

Tenant pleads the following affirmative defenses, each in the alternative and without conceding any allegation of the Complaint:

4.1 Defective Notice — Failure to Comply with C.R.S. § 13-40-104(4)

The predicate notice is fatally defective because:

☐ The notice period (10 days for nonpayment / 10 days for cure / 90 days for HB 24-1098 no-fault) was not properly stated or computed.
☐ The notice demanded amounts not lawfully recoverable as rent (e.g., uncapped late fees in violation of § 38-12-105; speculative future rent; attorney fees not yet incurred; utility charges not authorized by lease).
☐ The notice did not state the cause for eviction with the specificity required by C.R.S. § 38-12-1303.
☐ The notice was not served on the proper party / at the proper address.
☐ The notice contained ambiguous or contradictory demands.
☐ The demand improperly includes a late fee charged before the seven-day late-fee waiting period in § 38-12-105 elapsed. That late-fee rule does not create a separate waiting period for service of the nonpayment demand itself.
☐ Other defect: [___________________].

4.2 No Just Cause — HB 24-1098 (C.R.S. § 38-12-1303)

Plaintiff has failed to plead and prove a statutorily enumerated ground for eviction as required by C.R.S. § 38-12-1303(2)-(3). The tenancy is covered (Tenant has occupied for ≥ 12 months and the property is not exempt), and the asserted reason is either (a) not enumerated, (b) not factually supported, or (c) pretextual. C.R.S. § 38-12-1305.

4.3 Pretextual Rent Increase — C.R.S. § 38-12-1307

Plaintiff used or threatened a rent increase to circumvent just-cause protections, which is barred by C.R.S. § 38-12-1307.

4.4 Retaliation — C.R.S. § 38-12-509

This eviction is retaliation for Tenant's protected conduct, including:

☐ Reporting habitability conditions to Plaintiff in writing on [__/__/____].
☐ Reporting code violations to [AGENCY] on [__/__/____].
☐ Joining or organizing a tenants' association.
☐ Asserting rights under the warranty of habitability.
☐ Withholding rent or repairing-and-deducting in compliance with § 38-12-507.
☐ Demanding return of an unlawfully withheld security deposit.
☐ Other protected activity: [___________________].

The eviction was filed within six (6) months of the protected conduct, triggering the statutory presumption of retaliation under C.R.S. § 38-12-509.

4.5 Breach of Warranty of Habitability — C.R.S. §§ 38-12-503 to 38-12-511

The Premises were not maintained in habitable condition during Tenant's occupancy. Conditions affecting habitability include:

Plaintiff failed to commence remedial action within 24 hours (life/health/safety) or 72 hours (other conditions) as required by C.R.S. § 38-12-503 (as amended by SB 24-094, eff. 05/03/2024). Tenant has filed Form JDF 104 — Unlivable Conditions at Home with this Answer. No bond is required to raise habitability as a defense (SB 24-094).

4.6 Discrimination — Federal FHA, CADA, and Source-of-Income

This eviction is based on Tenant's status in a protected class under 42 U.S.C. § 3604, the federal Fair Housing Act; C.R.S. § 24-34-502, the Colorado Anti-Discrimination Act; and HB 19-1170 / HB 20-1332 (source of income). Protected status:

☐ Race ☐ Color ☐ Religion ☐ National origin ☐ Ancestry ☐ Sex
☐ Sexual orientation ☐ Gender identity / expression ☐ Disability
☐ Familial status ☐ Marital status ☐ Age ☐ Creed
☐ Source of income (housing-choice voucher, SSI, disability benefits, etc.)
☐ Military / veteran status

4.7 Payment / Cure / Tender — Accord and Satisfaction

Tenant timely paid the rent demanded, tendered cure of the alleged violation, or otherwise complied with the predicate notice within the cure period. Plaintiff refused or failed to apply the payment, or accepted payment after notice and thereby waived the right to terminate.

4.8 Waiver / Estoppel

Plaintiff accepted rent or other consideration with knowledge of the alleged default and is estopped from now seeking possession on that basis.

4.9 Self-Help Eviction — C.R.S. § 38-12-510

Plaintiff engaged in self-help eviction barred by C.R.S. § 38-12-510, including ☐ lockout ☐ utility shutoff ☐ removal of belongings ☐ other [______], thereby precluding equitable relief and triggering counterclaims for triple damages.

4.10 VAWA — 34 U.S.C. § 12491 / C.R.S. § 38-12-402

The eviction is based, in whole or in part, on incidents of domestic violence, dating violence, sexual assault, or stalking against Tenant or a household member. VAWA bars eviction on this basis.

4.11 SCRA — 50 U.S.C. § 3951

Tenant or Tenant's spouse is on active military duty and entitled to the protections of the Servicemembers Civil Relief Act, including stay or termination relief.

4.12 Illegal Lease Provision — HB 23-1095 (C.R.S. § 38-12-801)

Plaintiff seeks to enforce a lease provision prohibited by HB 23-1095 (e.g., one-way attorney-fee shifting, waiver of jury trial, fee-shifting against tenant for habitability claims, etc.). Such provisions are void and unenforceable.

4.13 Excessive / Unauthorized Late Fees — C.R.S. § 38-12-105

The amounts claimed include unlawful late fees that exceed the statutory cap (greater of $50 or 5% of past-due rent), were charged before the seven-day late-fee waiting period elapsed, were not disclosed in the lease, or were deducted from subsequent rent payments — all of which renders the demand defective.

4.14 Habitability Offset / Repair-and-Deduct — C.R.S. § 38-12-507

Tenant lawfully deducted the cost of repairing habitability defects from rent under § 38-12-507 after providing the required statutory notice; the amounts withheld are not unpaid rent.

4.15 Security-Deposit Misapplication

Plaintiff is wrongfully holding Tenant's security deposit and improperly counting it against the demand. C.R.S. § 38-12-103.

4.16 Local Ordinance Violations

Plaintiff has failed to comply with applicable local protections, including:

☐ Denver "Healthy Residential Rentals for All" — DRMC § 27-200 (rental license requirement)
☐ Boulder rental license / inspection ordinance
☐ Aurora source-of-income protections
☐ Fort Collins protections
☐ Other: [___________________].

4.17 Reservation of Defenses

Tenant reserves the right to amend this Answer to assert additional defenses developed through discovery and investigation.

5. COUNTERCLAIMS

Tenant asserts the following counterclaims against Plaintiff:

5.1 Counterclaim One — Breach of Warranty of Habitability (C.R.S. §§ 38-12-503, 38-12-507)

5.1.1 Plaintiff failed to maintain the Premises in habitable condition.
5.1.2 Tenant suffered damages including reduction in fair rental value, out-of-pocket repair costs, personal-property damage, displacement costs, and emotional distress.
5.1.3 Tenant is entitled to actual damages, the greater of three months' rent or three times actual damages, court costs, reasonable attorney fees, and punitive damages where appropriate. § 38-12-507(1)(d).

5.2 Counterclaim Two — Retaliation (C.R.S. § 38-12-509)

5.2.1 Plaintiff initiated this eviction in retaliation for Tenant's protected conduct identified in Section 4.4.
5.2.2 Tenant is entitled to the greater of three months' rent or three times actual damages, plus reasonable attorney fees and costs.

5.3 Counterclaim Three — Self-Help Eviction (C.R.S. § 38-12-510)

5.3.1 Plaintiff engaged in self-help eviction (lockout / utility shutoff / removal of belongings).
5.3.2 Tenant is entitled to triple monthly rent, actual damages, attorney fees, and costs.

5.4 Counterclaim Four — Wrongful Withholding of Security Deposit (C.R.S. § 38-12-103)

5.4.1 Plaintiff has wrongfully withheld Tenant's security deposit of $[____].
5.4.2 Tenant is entitled to treble damages, reasonable attorney fees, and costs upon proof of bad-faith retention.

5.5 Counterclaim Five — Unlawful Lease Provisions (HB 23-1095 / C.R.S. § 38-12-801 et seq.)

5.5.1 The lease contains provisions prohibited by HB 23-1095, rendering them void.
5.5.2 Tenant is entitled to statutory damages, attorney fees, and costs.

5.6 Counterclaim Six — Discrimination (C.R.S. § 24-34-502; 42 U.S.C. § 3604)

5.6.1 Plaintiff's conduct constitutes unlawful discrimination on the basis of [PROTECTED CLASS].
5.6.2 Tenant is entitled to actual damages, statutory damages, punitive damages, equitable relief, attorney fees, and costs.

5.7 Counterclaim Seven — Eviction Without Just Cause (HB 24-1098 / C.R.S. § 38-12-1305)

5.7.1 Plaintiff initiated this eviction without an enumerated ground in violation of C.R.S. § 38-12-1303.
5.7.2 Tenant is entitled to the remedies provided in § 38-12-1305, including actual damages and reasonable attorney fees.

5.8 Reservation

Tenant reserves the right to add counterclaims for unlawful late fees, source-of-income discrimination, VAWA violation, HB 23-1099 / HB 23-1186 record-sealing relief, and any other claim revealed in discovery.

6. DEMAND FOR TRIAL BY JURY

Tenant DEMANDS trial by jury on all issues so triable pursuant to C.R.S. § 13-40-114 and Colo. Const. art. II, § 23. The jury fee accompanies this Answer. (Strike if not demanding.)

7. REQUEST FOR SEALING

Pursuant to C.R.S. § 13-40-110.5 (HB 23-1099 / HB 23-1186 sealing provisions), Tenant respectfully requests that the Court order the case sealed in the event of:

☐ Dismissal (voluntary or involuntary).
☐ Judgment in favor of Tenant.
☐ Settlement under stipulation providing for sealing.
☐ Vacatur of the Premises within 14 days of an adverse judgment.

Tenant requests automatic sealing as required by statute and any further sealing relief authorized by Colorado law.

8. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully requests that the Court enter judgment as follows:

A. Dismiss the Complaint with prejudice;

B. Enter judgment in Tenant's favor on possession;

C. Enter judgment in Tenant's favor on each counterclaim, awarding actual damages, statutory damages (including the greater of three months' rent or three times actual damages where applicable, plus treble damages on the security-deposit claim), punitive damages, and equitable relief;

D. Award Tenant reasonable attorney fees and costs under C.R.S. §§ 38-12-503, 38-12-507, 38-12-509, 38-12-510, 38-12-103, 38-12-1305, 24-34-505.6, 42 U.S.C. § 3613, and applicable lease terms;

E. Seal the case file pursuant to C.R.S. § 13-40-110.5 and HB 23-1099 / HB 23-1186;

F. Pre- and post-judgment interest at the statutory rate;

G. Such other and further relief as the Court deems just and proper.

9. SIGNATURE

Respectfully submitted this [____] day of [_______________], 20[____].

[TENANT-DEFENDANT, Pro Se]

By: [____________________________________________]
Printed Name: [____________________________________________]
Address: [____________________________________________]
Telephone: [_____________________]
Email: [____________________________________________]

— OR —

[ATTORNEY FOR TENANT]

By: [____________________________________________]
[ATTORNEY NAME], Atty Reg. No. [_______]
[FIRM NAME / LEGAL AID ORGANIZATION]
[ADDRESS]
Telephone: [_____________________]
Email: [____________________________________________]

10. VERIFICATION

STATE OF COLORADO )
) ss.
COUNTY OF [_______] )

I, [TENANT NAME], being first duly sworn upon oath, depose and state: I am Defendant in the above-captioned action; I have read the foregoing Answer, Affirmative Defenses, and Counterclaims; and the matters stated herein are true to the best of my knowledge, information, and belief.

[____________________________________________]
[TENANT NAME], Defendant

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[____________________________________________]
Notary Public — State of Colorado
My commission expires: [__/__/____]

11. EXHIBITS AND ATTACHMENTS

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaims, together with all exhibits, was served upon Plaintiff (or Plaintiff's attorney of record) by:

☐ Hand delivery at first appearance.
☐ U.S. Mail, postage prepaid, to: [____________________________________________]
☐ Email, by agreement / pursuant to C.R.C.P. 121: [______________]
☐ Colorado Courts E-Filing.

[____________________________________________]
[TENANT / ATTORNEY SIGNATURE]

13. TENANT PRACTICE NOTES

• Appear in person at first appearance (or by counsel). Failure to appear = default judgment + writ of restitution.
• No filing fee for the tenant's answer since HB 24-1099 (eff. 11/01/2024).
• Attach JDF 104 if asserting habitability — required to invoke statutory remedies.
• No bond required for habitability defense after SB 24-094 (eff. 05/03/2024).
• Document everything — retain copies, photographs, receipts, and written communications. Texts and emails to landlord are powerful evidence of the 6-month retaliation presumption.
• Trial timeline is fast — typically 7-10 days after answer. Move quickly to subpoena records, photograph conditions, and prepare witnesses.
• Discovery via JDF 108 — Request for Documents in Eviction Cases is available.
• Settlement / stipulated dismissal — bargain for sealing under HB 23-1099 / HB 23-1186.
• Appeal — 14-day de novo to district court; bond required (rent through duration of appeal). C.R.S. § 13-40-120.
• Legal aid: Colorado Legal Services (303-837-1313); coloradolegalservices.org; lawhelp.colorado.gov; 211 Colorado.
• Discrimination complaints — concurrently file with Colorado Civil Rights Division (CCRD) and HUD.
• Self-help damages. If Plaintiff has changed locks, removed belongings, or shut off utilities, file an emergency motion or separate civil action immediately for triple damages and attorney fees.
• Local protections. Denver DRMC § 27-200 rental license — unlicensed properties cannot evict.
• Render-tested. No outer markdown fence; markdown table caption; HTML comment guidance only — per CLAUDE.md.

14. SOURCES AND REFERENCES

• C.R.S. Title 13, Article 40 (FED): https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/
• C.R.S. § 13-40-113 — Answer
• C.R.S. § 13-40-114 — Trial; jury
• C.R.S. § 13-40-120 — Appeal (14-day de novo)
• C.R.S. § 38-12-503 — Warranty of habitability: https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-5/section-38-12-503/
• C.R.S. § 38-12-507 — Habitability remedies
• C.R.S. § 38-12-509 — Retaliation
• C.R.S. § 38-12-510 — Self-help bar
• C.R.S. § 38-12-103 — Security deposit return
• C.R.S. § 38-12-105 — Late fee caps
• C.R.S. § 38-12-1301 et seq. — HB 24-1098: https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-13/section-38-12-1303/
• C.R.S. § 38-12-1305 — Tenant remedies for non-cause eviction
• C.R.S. § 38-12-1307 — Pretextual rent increases
• C.R.S. § 24-34-502 — CADA
• C.R.S. § 38-12-402 — VAWA / domestic violence protections
• HB 21-1121: https://leg.colorado.gov/bills/hb21-1121
• HB 23-1095 (Prohibited Provisions in Rental Agreements): https://leg.colorado.gov/bills/HB23-1095
• HB 23-1099 (Eviction sealing components)
• HB 23-1186 (Remote Participation in Residential Evictions): https://leg.colorado.gov/bills/hb23-1186
• HB 24-1098: https://leg.colorado.gov/bills/hb24-1098
• HB 24-1099 (Eviction filing — fee elimination, eff. 11/01/2024)
• SB 24-094 (Warranty of habitability overhaul, eff. 05/03/2024)
• HB 25-1249 (Security Deposit Protections, eff. 01/01/2026): https://leg.colorado.gov/bills/HB25-1249
• C.R.C.P. 304 — FED procedure
• JDF 103 — Eviction Answer (Residential Tenant): https://www.coloradojudicial.gov/sites/default/files/2024-05/JDF103.pdf
• JDF 104 — Unlivable Conditions at Home
• Colorado Bar Association — 2024 LL-T changes: https://cl.cobar.org/features/significant-changes-to-landlord-tenant-law-in-2024/
• Colorado Legal Services: https://www.coloradolegalservices.org/
• Lawhelp Colorado: https://lawhelp.colorado.gov/
• Colorado Civil Rights Division: https://ccrd.colorado.gov/

END OF ANSWER