By Craig Chambers, Attorney At Law

The Littleton Lawyer

Vol 1.84    March 17, 2019

As a real estate attorney practicing in Littleton, Roxborough, Ken Caryl, Highlands Ranch, Denver, Centennial, Lakewood, and the surrounding areas, I often deal with the warranty of habitability which exists for rental properties under Colorado law.

First, the “Warranty of habitability” under C.R.S. 38-12-503 et seq. means that the landlord has responsibility to ensure that the rental property is “fit for human habitation.”

Second, the warranty of habitability This exists in every residential lease. It can’t be waived. In other words, a tenant has a right to live in a habitable property.

Third, a residential  premises is deemed “uninhabitable” for problems with water intrusion, plumbing or gas facilities, lack of running water, sewage disposal , lack of eat, unsafe electrical  components, inappropriate extermination of rodents or vermin, unsafe stairs or railings, insufficient locks or security and similar safety hazards.

The actual definition of inhabitability is that the condition of the premises materially and substantially limits the tenant’s use of his or her dwelling.

Fourth, a tenant must give the landlord  notice of the problems with the unit and allow the landlord 5 business days to cure the problem with the property. If the landlord fails to cure the problems, the tenants can consider the lease terminated, withhold rent, and  vacate the home.

The tenant must prove two things: the premises are uninhabitable within the meaning of the statute; and the tenant gave the landlord notice and the landlord failed to correct the problems within 5 business days. Therefore, documenting both the problems with the dwelling and your communication with the landlord are crucial to winning your case.

Fifth, a breach of the warranty of habitability, if you can prove it, is a defense to an eviction FED proceeding; if you list the breach of the warranty of habitability as an affirmative defense,  a court would determine if the tenant was justified n terminating the lease and/or if the landlord breached the warranty of habitability, justifying the withholding of rent and terminating the lease.