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

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 to Maintain Record Suppression
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 — C.R.S. §§ 13-40-104(1)(d)–(e), 13-40-106, 38-12-1303

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: [___________________].

Plaintiff filed this eviction after Tenant's protected conduct on [DATE]. The protected conduct was a motivating factor in Plaintiff's decision to seek possession, as shown by [DATED COMMUNICATIONS, ACTIONS, AND OTHER FACTS]. C.R.S. § 38-12-509(1.7) does not require retaliation to be the sole reason for the action.

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 class protected by 42 U.S.C. § 3604, the federal Fair Housing Act, or C.R.S. § 24-34-502, the Colorado Anti-Discrimination Act. Colorado's source-of-income protection was added by HB 20-1332. Protected status:

☐ Race ☐ Color ☐ Religion ☐ National origin ☐ Ancestry ☐ Sex
☐ Sexual orientation ☐ Gender identity / expression ☐ Disability
☐ Familial status ☐ Marital status ☐ 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 [______], supporting the statutory damages, fees, and costs stated in Section 5.3.

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

The Premises are housing assisted under a covered housing program within 34 U.S.C. § 12491(a)(3), Tenant otherwise qualifies, and the eviction is based, in whole or in part, on incidents of domestic violence, dating violence, sexual assault, or stalking against Tenant or an affiliated individual. VAWA bars eviction on this basis.

4.11 SCRA — 50 U.S.C. § 3951

Tenant is a servicemember in military service or a covered dependent of a servicemember. The Premises are occupied or intended to be occupied primarily as a residence, and monthly rent is within the annually adjusted cap under 50 U.S.C. § 3951(a). Tenant invokes the court-order protection. Because military service materially affects the servicemember's ability to pay the agreed rent, Tenant requests a 90-day stay unless justice and equity require a longer or shorter period, or an adjustment of the lease obligation under § 3951(b). Identify the service/dependent status, rent, residence, and material-effect evidence: [________________________________].

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

If a local rule applies to this tenancy, identify the violation and explain how it affects the relief requested:

☐ 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 seeks actual damages directly arising from the breach, including any reduction in fair rental value while the Premises were uninhabitable, plus court costs, reasonable attorney fees, punitive damages, and other damages as the court may award under § 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 seeks damages up to the greater of three months' periodic rent or three times actual damages, plus reasonable attorney fees and costs under § 38-12-509(2)(a).

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 If the violation is proven, Tenant seeks actual damages plus the higher of three times monthly rent or $5,000 under C.R.S. § 38-12-510(2), together with any other damages, reasonable attorney fees, and costs owed.

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 demanded return of the deposit and gave notice of the intent to sue on [DATE]; Plaintiff received that demand on [DATE] and failed to return the withheld amount within seven days. [ATTACH DEMAND AND PROOF OF RECEIPT.] If these facts are established, Tenant seeks treble the wrongfully withheld portion, reasonable attorney fees, and court costs under C.R.S. § 38-12-103(3). If the seven-day prerequisite is not met, omit the treble-damages and fee request from this counterclaim.

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, and any other claim revealed in discovery.

6. DEMAND FOR TRIAL BY JURY

Tenant DEMANDS trial by jury on factual issues so triable under C.R.S. § 13-40-115(2) and C.R.C.P. 338(a). The jury fee accompanies this Answer. Colorado does not recognize a constitutional civil-jury right. (Strike if not demanding.)

7. REQUEST TO MAINTAIN RECORD SUPPRESSION

Under C.R.S. § 13-40-110.5(2), the court record is suppressed when this eviction action begins. If the Court grants possession to Plaintiff, Tenant requests that suppression continue on the following applicable ground:

☐ The parties agree that the record will remain suppressed under § 13-40-110.5(3)(a); their agreement is attached.
☐ Tenant seeks suppression under § 13-40-110.5(3)(b), provides qualifying documentation, and asserts that public access poses a risk to Tenant's safety or that of a household family member.

Tenant requests that the Court maintain suppression to the extent authorized by the applicable subsection.

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 supported counterclaim, awarding actual damages, statutory damages (including retaliation damages within the cap in § 38-12-509(2)(a), plus treble damages on the security-deposit claim only if C.R.S. § 38-12-103(3)'s demand-and-notice condition is met), punitive damages where authorized, 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. Maintain suppression of the court record if a ground stated in Section 7 is established under C.R.S. § 13-40-110.5;

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 at required proceedings. In a residential eviction filed in county court, a party may choose in-person or remote participation under HB 23-1186. Follow the court’s process for designating or changing the appearance method, file the answer by the applicable deadline, and attend each scheduled proceeding.
• 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. Dated messages and actions can help show that protected activity was a motivating factor in the landlord's decision.
• 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 — document any agreement that the record will remain suppressed under C.R.S. § 13-40-110.5(3)(a).
• Appeal — File a county-court notice of appeal and required bond within 14 days under Judicial Branch JDF 126. The district court reviews the record under C.R.S. § 13-40-117 and C.R.C.P. 411. A nonpayment appeal also requires the rent found due at filing and later rent deposits under § 13-40-118.
• 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.
• Unlawful-removal remedies. If Plaintiff unlawfully excluded Tenant or willfully terminated essential services, seek advice promptly about relief under C.R.S. § 38-12-510. For a proven violation, subsection (2) awards actual damages plus the higher of three times monthly rent or $5,000, together with any other damages, reasonable attorney fees, and costs owed.
• Local protections. Check whether a Denver rental license is required and whether the property has one. Denver says unlicensed rentals are subject to fines and citations under DRMC § 27-203; identify any city complaint and explain its relevance to this case.
• 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. §§ 13-40-117 to 13-40-118 — County-court appeal and rent deposit: https://olls.info/crs/crs2026-title-13.htm
• Judicial Branch JDF 126 — County-court appeal instructions: https://www.coloradojudicial.gov/sites/default/files/2024-09/JDF126.pdf
• 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
• C.R.S. § 13-40-110.5 (Automatic suppression of eviction court records): https://olls.info/crs/crs2026-title-13.htm
• 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 (defendant eviction answer 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(b)(2) — county-court initial FED service
• 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