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Landlord responsibility for plumbing repairs

Colorado Springs, CO |

I have a 1/2 bath and the toilet needs repair. I have been in the townhome for 2 weeks and it was rented as a 2bd 1.5 ba. The land lord does not want to fix it and the prop mgmt office has started avoiding my calls. Am I within my legal rights to have the toilet fixed and submit the receipt subtrating the amount from my rent?

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Attorney answers 2

Posted

You could sue the landlord in small claims court for the cost of the repairs or you could possibly terminate your lease usuing provisions of the warranty of habitability and giving the landlord the proper written notices. However, Colorado does not typically allow for a set-off against rent for repairs or other amounts owed by the landlord to the tennant.

Your landlord may accept the deduction of the repair amounts from the rent, but if he does not and moves to evict, you do not have a legally sound defense.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Posted

As indicated by Mr. Harkess, Colorado's warranty of habitability statute may assist you with your question. (Colorado Revised Statutes 38-12-501, et seq.). This law relates to the duties of a landlord to make a home habitable and what remedies the tenant has under the statute if a landlord is in breach of his obligations. (Law also deals with some of the tenants obligations as well regarding maintenance of the premises).

You should be able to read the law here.
http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

This answer is for general informational purposes only and should not be interpreted as legal advice. Lawyers render professional legal advice based on the specific facts and circumstances of a Client's case. For legal counsel, contact me or another licensed attorney.

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