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Definition and clarification of tenant and landlord responsibility Colorado.

Denver, CO |

Unfortunately, I signed a lease that states: "The Tenant shall be responsible for repair and replacement of all interior aspects of the Premises." Some of the appliances are now breaking down and I was wondering if "interior aspects" literally means that: all appliances, etc.

Further, the shower doors are glass and I believe they were installed incorrectly. A child was at my house today and wanted to take a shower. She pushed the door open and it fell of top hinge and shattered. The child is uninjured, however, as the glass shower doors were only affixed from the top of the fixture, not the bottom, they were loose. Is this also my responsibility?

Thank you for your assistance.

Attorney Answers 2

Posted

Based on the vagueness and ambiguity of the language of the lease agreement, all of these things do appear to be "interior aspects" that you would be responsible for. It is not often that we see a lease with such terminology. It would be advantageous to you to take the lease to a local attorney for a consult and to look at all of the other provisions of the lease, to see if it might save you some responsibility and some money. Good luck

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

It is too bad you signed this lease but you may have some help based on the vague language, as noted by my colleague. The general rule is that you are bound to the terms of the lease so if it says that you are responsible for repairs, then you are responsible. Now there are some limitations under habitability law and other matters, but those limitations do not seem to apply here. If the lease was more clear you would have few outs.

In addition to the issue of vagueness, you may have some defenses under aspects of depreciation. This may get messy if you make a demand for repair so you may want to try some amicable resolution first and if you can resolve this then get that agreement in writing.

Here are some good general discussions on repairs and depreciation http://www.ci.longmont.co.us/cnr/landlord/repairs.htm and http://www.ci.longmont.co.us/cnr/landlord/depreciation_schedule.htm.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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