Defending Tenant Debt Lawsuits

Being sued by a former landlord can feel stressful and overwhelming. If a former landlord sues you over unpaid rent, property damage, or eviction costs, you have important rights and defenses that can help protect you. This guide explains: 

• Time limits for filing claims
• Rules landlords must follow
• Steps you can take to protect yourself 

What are the time limits for claims?

Statute of limitations: A statute of limitations is how long someone has to file a lawsuit before too much time has passed.

• The time limit depends on the nature of the legal claim.  
• Time limits can be as little as 6 months or as long as 6 years.
• If you owe money, the statute of limitations runs from the date of last payment or default (when you stopped paying). 

Talk to an attorney to find out if it’s too late for your landlord to sue you.

Why do time limits matter?

If your former landlord waits longer than these deadlines to sue, you can raise this as an affirmative defense. An affirmative defense is a legal reason why you shouldn’t be held responsible for what you are being accused of, even if it is true. You must include it in your first response to the lawsuit (called an answer), or you lose the right to argue it.

What are the security deposit rules?

After a lease ends and you have moved out, your former landlord must return your security deposit or send a statement to your last known address within:

• 1 month after you move out

  OR

• 60 days if your lease says so

If your former landlord doesn’t do this, they may not be able to keep any of the deposit. But they may still be able to sue you for damages. 

If the former landlord doesn’t send you the statement, or wrongfully keeps your deposit, they may owe you three times the deposit amount. To get this amount, you must first send them a written demand for the deposit. You then have 1 year to sue them. This is called treble damages and it means the court orders the landlord to pay you 3 times the amount you are owed.

For more detailed information, see Getting Your Security Deposit Back.

What if a former landlord says I owe money?

You may have defenses to the claims, but it will depend on why you are being sued. If you broke the lease, moved out early, didn’t pay rent, or damaged the property, you may owe your former landlord early termination fees, rent, court costs, or other money. 

If you had a written lease agreement, that agreement may list what fees and costs your former landlord can charge you. Your lease should also say whether your landlord can charge you attorney's fees if you were evicted.

Both you and your former landlord have a duty to “mitigate” or try to reduce damages. That means you should do everything you can to reduce the money you owe to your landlord. That also means your landlord must take steps to reduce how much money you owe them.

• For example, if you move out early, your landlord should try to find a new tenant. But if the landlord cannot find a new tenant, you may owe rent through the end of your lease agreement even if you do not live there.

A landlord should not seek damages for normal wear and tear. Your former landlord cannot charge you for damages based on the use for which a rental unit is intended, unless you were negligent, careless, or accidentally or intentionally abused the property or equipment inside it. 

Can I sue my landlord when they take me to court?

• Unlawful lockout: If a landlord locked you out or evicted you without going to court, you may be able to sue them.
  • For more detailed information, see our What To Do If Your Landlord Locks You Out guide.
• Return of improper charges: Did your landlord charge fees not in the lease agreement or not allowed by law?  
  • Colorado doesn’t allow landlords to charge tenants certain types of fees.
  • Landlords cannot charge fees that are not in your lease.
  • Since January 1, 2026, landlords cannot charge tenants “junk fees.” Junk fees are extra fees that have no purpose.
• Warranty of habitability: If conditions in the home harmed your health or safety, and the landlord knew about the issue and failed to fix it, you may be able to sue them.
  • Landlords must keep rental properties safe and livable. This is called a warranty of habitability. Some of the minimum requirements are:
    • Working electricity, heat, and plumbing
    • No severe mold or pests
    • Safe conditions overall
       

For more information, see the Safe and Healthy Housing (Warranty of Habitability) guide. 

What are other defense strategies?

• Lack of proof: Demand clear evidence of debts or damages. Landlords must show records, receipts, and invoices if you file an answer. An answer is the written response you file with the court when you are sued.
• Disputed damages: You don’t have to pay for normal wear and tear on the property.
• Counterclaims: If your landlord owes you money, you can ask the court to subtract that amount from what you owe them. 
  • For example, if the landlord didn’t fix a serious problem in your rental, the cost of that may lessen what you owe. 

You must file an answer. If you don’t file an answer and dispute the amounts claimed, you lose any defenses you may have had.
 

What can I do right now?

• Check time limits: If the lawsuit was filed after the deadline, raise the statute of limitations defense right away.
• Review eviction documents: Look for mistakes in notices or steps your landlord followed.
• Document your side: Keep all letters, emails, and photos showing your communications with the landlord and the condition of the rental home.
• Request security deposit accounting: Ask for a written breakdown of deductions if you didn’t receive one.
• Request records: You have the right to request records and ask the landlord to prove claims. This is called discovery - the process where you can request documents and other records to help build your case. These rights are more limited if the case against you is in county court instead of district court.

What questions should I ask myself?

• Did the landlord provide proper eviction notices? 
  • If not, include it in your answer because it could help your case. 
• Was I given timely, detailed information about my security deposit?
  • If not, include it in your answer because it could help your case. 
• Did I document any serious repair or safety problems while I lived there?
  • If yes, include it in your answer because it could help your case. 

You have rights when defending a lawsuit from a former landlord and you may have claims against a former landlord. Being prepared, informed, and organized can make a big difference.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.