Tenant Rights in Colorado
My Landlord Locked Me Out
What to do if you've been locked out
If your landlord has locked you out of the apartment you are renting or shut off your utilities, your landlord has broken the law.
Even if your landlord has told you they are “evicting you” or has served you with a “notice to quit” or other paperwork, your landlord cannot lock you out or shut off your utilities without filing an eviction action in court and winning that eviction case. Utilities include heat, running water, hot water, electric, gas, or other essential services. Your landlord also cannot remove doors, windows, or locks other than as required for repair or maintenance without going through the courts.
If your landlord is threatening to lock you out, remove your doors or locks, or turn off your utilities without a court order—or has already done so—you have a number of options.
A. Talk to your landlord.
Before getting law enforcement involved, you could contact your landlord and tell them that it is illegal for them to lock you out or turn off your utilities without a court order. If you have already been locked out or your utilities have already been shut off, you can send a written demand to the landlord stating that you intend to sue them for damages if you are not allowed back in your home or if your utilities are not restored.
B. Call law enforcement.
You can also call law enforcement and ask them to help. Typically, it is the local Sheriff’s Department that handles evictions and therefore knows the most about landlord-tenant law. As a result, it may be most effective for you to contact your local Sheriff as opposed to calling 911 or a police department. The Sheriff should know the law on these issues and will therefore understand that what your landlord is doing is illegal.
If possible, you should have a lease or other proof of your address (such as a state ID with the address on it, mail or a utility bill) for you to show law enforcement to prove that you live at the residence. You will want to be able to prove that you are not a squatter or a trespasser and that you have the right to be at the residence.
C. Negotiate through mediation.
Alternatively, you can try to negotiate a resolution with your landlord through mediation. To do so, you should contact the Colorado Judicial Branch Office of Dispute Resolution, which sometimes grants reduced-fee mediation services. There numbers are 720-625-5000 and 800- 888-0001, and the website is:
https://www.courts.state.co.us/Administration/Unit.cfm?Unit=odr.
You should be aware, however, that you cannot force the landlord to participate in mediation, so the landlord would need to agree to mediation before a mediation session can be scheduled.
B. Call law enforcement.
You can also call law enforcement and ask them to help. Typically, it is the local Sheriff’s Department that handles evictions and therefore knows the most about landlord-tenant law. As a result, it may be most effective for you to contact your local Sheriff as opposed to calling 911 or a police department. The Sheriff should know the law on these issues and will therefore understand that what your landlord is doing is illegal.
If possible, you should have a lease or other proof of your address (such as a state ID with the address on it, mail or a utility bill) for you to show law enforcement to prove that you live at the residence. You will want to be able to prove that you are not a squatter or a trespasser and that you have the right to be at the residence.
D. Sue.
There are a number of different kinds of lawsuits you can file in response to a landlord’s illegal lockout or utility shut-off:
(i) Money Damages
You can sue your landlord for money damages.
If a court finds that the landlord has violated the law by illegally locking you out, removing doors, locks, or windows, or shutting off your utilities, the court must award you your actual damages and either three times your monthly rent or $5,000—whichever is greater. The court must also award you any other damages, attorney fees, and costs. This means that the court would order the landlord to pay you those amounts.
Your “actual damages” may include the amount of money you had to pay for alternative living arrangements or for other expenses you had to pay while locked out or without utilities.
If those damages amount to under $7,500, you can sue your landlord in small claims court. For more information on how to sue in small claims court, please refer to our small claims booklet.
If those damages are between $7,500 and are not over $15,000, you should sue in County Court.
If those damages are above $15,000, you should sue your landlord in District Court.
(ii) Injunction/Court Order
If a court finds that the landlord has violated the law by illegally locking you out, removing doors, locks, or windows, or shutting off your utilities, the court may order the landlord to restore the property to you. If this is your goal, you should ask the court to immediately issue an order restoring your possession of the property.
(iii) Replevin
If you just want your property back from your landlord (for example, furniture or other belongings in the locked rental), you can file a replevin action against your landlord. A replevin action is a lawsuit where you are suing for the return of your property or possessions. More information on how to file a replevin action can be found here:
https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=31
If you decide to file a replevin action, you should also consider filing a claim for money damages in case your landlord has damaged or thrown out the property you are trying to reclaim.
Locked Out FAQs
Can I break the locks to get into my home if I’ve been locked out illegally?
If your landlord has locked you out without winning an eviction case and obtaining a court order, you still have the legal right to possession of the home. You should therefore be able to reenter the home so long as doing so causes minimal damage and you are able to enter without causing a “breach of the peace” or “disorderly conduct.”
Be aware that if you choose to break the locks and enter the home, the police may be called and you may be subject to unwanted law enforcement contact. You also risk being arrested if the police become convinced that you are a trespasser or that you are unlawfully damaging the property.
Before taking that risk, you should first call the county court in which your home is located to make sure that the landlord did not file an eviction action and get a proper court order without your knowledge. You should be able to show that you have the legal right to enter the premises (for example, a lease, rent receipts, or a utility bill). You should explain that the landlord did not obtain a court ordered eviction and be able to provide documentation to show that you have the legal right to enter the premises (for example, a lease, rent receipts, or a utility bill).