Torres v. Portillos

DUBOFSKY, Justice.

We granted certiorari to review a ruling by the district court of the Tenth Judicial District that the provision of section 38-12-103(3)(a) mandating an award of attorneys’ fees and court costs to a tenant is unconstitutional because it denies a landlord equal protection of the laws and equal access to the courts. We determine that the statutory provision is constitutional and reverse the judgment of the district court.

Martin Torres (tenant) brought an action in the county court under section 38-12-103(3)(a), C.R.S.1973, 1 to recover a $100.00 security deposit withheld by…