Completing the Answer Form

Defenses

Commonly, tenants claim that they need more time to move or cannot afford to pay their landlord the amount owed. These are usually not legal defenses. In completing the Answer form, you should be sure to point out any statements made by your landlord in the forms he or she submitted to the court that you think are not true. Here are some examples of legal defenses:

I have fully complied with and have not violated my lease agreement.
My landlord did not give me the time required by law to come into compliance or move after serving the Notice to Quit or Demand for Compliance.
After giving me the Demand for Compliance, my landlord accepted money from me for the rent owed during the stated period.
After receiving the Demand for Compliance, I tried to pay my landlord the full amount owed within three days, and he or she would not accept it.
I did not pay my rent, because I gave my landlord written notice that the condition of the property is so bad that it is not habitable and he or she did not fix it. For more information on the warranty of habitability, read Colorado Revised Statutes § 38-12-501, et seq. (link to law below). If using this defense, file your Answer with the Affidavit to Support Claim for a Breach of the Warranty of Habitability (JDF 109) (link to form below).
I am a victim of domestic violence, and my landlord is trying to evict me for the incident in which I was the victim. For more information on protections for victims of domestic violence, read Colorado Revised Statutes § 13-40-104(4) (link to law below).

Counterclaim

As a part of the eviction case, you have the opportunity to sue your landlord back by way of a counterclaim. If you think the landlord owes you money or that the court should order the plaintiff to take some action, you can fill out the counterclaim part of the Answer form. You will have to clearly state why you are suing the landlord. If you would like to sue for more than $15,000 or are claiming title to the property, you must check that the amount of the counterclaim exceeds the jurisdiction of county court. The case will be then be transferred to a higher court (District Court), and you will need to pay the filing fee for that court. Read Colorado Revised Statutes § 13-40-109 (link to law below) for more information on filing a counterclaim.