I was asked to post this information on behalf of a friend. Here is some information on renter’s rights in the state of Colorado.
The law regarding safe housing for residential tenants has recently been updated. It establishes and clarifies procedures regarding a tenant’s claim of breach of the warranty of habitability. Some key updates include:
- Establishing time frames for when a landlord must communicate with the tenant and commence remedial action after having actual or constructive notice of a condition related to the habitability of a residential premises.
- Requiring a landlord to perform conduct to address an uninhabitable condition until such condition is completely remedied or repaired.
- Requiring rental agreements entered into after January 1, 2025, to feature a statement regarding where a tenant can report or deliver written notice of an unsafe or uninhabitable condition.
- Modifying and clarifying a tenant’s option for remedies when bringing a claim against a landlord and modifying procedures for accessing those remedies.
Under C.R.S. 38-12-503(3), if a tenant finds their residential premises uninhabitable due to a condition, notifies the landlord, and the landlord doesn’t respond within the specified timeframes (14 days for regular issues, 7 days for urgent ones), it’s presumed the landlord breached the lease. Then, it’s up to the landlord to prove otherwise.
According to C.R.S. 38-12-503(4) as modified as of May 3, 2024, if a condition seriously affects the tenant’s life, health, or safety, the landlord must offer alternative housing at the request of the tenant and at no cost to the tenant within 24 hours from that request. This housing should be similar to the tenant’s current place (including the same number of beds as the uninhabitable unit) and within 5 miles of the uninhabitable unit. The landlord is responsible for paying reasonable costs and a per diem for expenses that the tenant needs to pay to relocate to the alternative housing. If the alternative housing is needed for more than 48 hours, the landlord must either provide a kitchen setup or offer a daily allowance for meals and expenses.
You deserve to live in a safe and comfortable environment, and there are specific steps you can take if this right is compromised. Your landlord is required to respond appropriately to habitability concerns even if you are behind on rent. Please find the steps outlined below:
- Notice Requirement: If you encounter any maintenance issues that affect your living conditions, it’s essential to document them. Provide written notice to your landlord detailing the problem.
- Response Time: Your landlord is legally obligated to respond promptly to your maintenance requests. For non-emergencies, they must respond within 72 hours. In the case of emergencies, their response time is shortened to 24 hours.
- Repair Timelines: Upon acknowledging the issue, your landlord must initiate repairs within 14 days for non-emergencies and within 7 days for urgent matters.
- Entry Notice: Before entering your rental unit for repairs or inspections, your landlord must provide you with at least 24-hour notice. This notice should include the intended duration of their visit. Remember, you have the right to deny entry if it’s reasonable to do so and propose an alternative date and time.
- Remedies for Breach: If your landlord fails to meet their obligations, you have several remedies available included but not limited to:
- You can terminate the lease with 10-60 days written notice if the issue remains unresolved.
- You have the right to terminate the lease with 10 days written notice for repeated issues within a six-month period.
- You can deduct rent and hire a professional for repairs.
- You can deduct rent and purchase replacements for essential appliances like the fridge, stove, oven, A/C, or cooling device.
- Be aware that these remedies only exist if the warranty of habitability was breached (i.e. landlord has been notified of the issue and fails to appropriately respond during the allowed timeframe)
Finally, you may be particularly interested in reviewing C.R.S. 38-12-503(12) to the end that it discusses required remediation actions for mold:
(12)(a) Unless the circumstances described in subsection (3)(b)(I) of this section prevented a landlord from commencing remedial action, the landlord shall commence remedial action within the period described in subsection (2)(b) of this section upon having notice of:
(I) Mold associated with dampness in a dwelling unit; or
(II) Any other condition causing the residential premises to be damp, which condition, if unremedied or unrepaired, could create mold or would materially interfere with the life, health, or safety of a tenant.
(b) The remedial action required pursuant to subsection (12)(a) of this section must include performing all of the following applicable tasks within a reasonable amount of time:
(I) Mitigating immediate risk from mold by installing a containment, stopping active sources of water contributing to the mold, installing a high-efficiency particulate air filtration device to reduce a tenant’s exposure to mold, and performing all of these tasks within seventy-two hours after receiving notice of the condition;
(II) Maintaining the containment described in subsection (12)(b)(I) of this section throughout the remediation and repair process;
(III) Establishing any additional protections for workers and occupants that may be appropriate given the condition;
(IV) Eliminating or limiting moisture sources and drying all materials impacted by the mold or dampness;
(V) Decontaminating or removing materials damaged by mold or dampness;
(VI) Evaluating whether the residential premises has been successfully remediated, including post-remediation testing for the existence of mold; and
(VII) Reassembling the residential premises to control sources of moisture to prevent or limit the recurrence of mold or dampness.
(c) If the condition described in subsection (12)(a) of this section would interfere with the tenant’s life, health, or safety, the landlord must provide, at the request of the tenant, a comparable dwelling unit or hotel room in accordance with subsection (4) of this section.
FixMyRental is a tool that supports tenants who are having habitability concerns, but it is currently being updated to reflect the updated law. I’m including it for your reference here for when the website is updated.
Please note: This information is provided for educational and informational purposes only and should not be construed as legal advice.