I have requested maintenance regarding different things via the apartment complex website. I currently have five, dating back to March, that are still "open." I have a list of four that took anywhere between 12 days and 47 days to be completed. I have contacted the management of the property owners, he assured me that the list among other complaints regarding maintenance would get taken care of. Our conversation started about a month ago give or take, still nothing has been fixed. Am I able to get out of my lease without penalty?
No, you cannot get out of your lease without penalty unless your lease provides this right (it won't).
You, at best, have a claim for breach and you will have to pursue a lawsuit to get damages unless they agree to some settlement on your claims.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
Colorado has a warranty of habitability statute that gives you the right to terminate the lease and other remedies, if the landlord fails to repair conditions that are considered to make the premises uninhabitable, such as plumbing maintained in good working order, reasonable amount of hot water, functioning heating facilities, electrical and lighting in good working order, etc... There is a laundry list of things that are considered uninhabitable conditions and in addition there is a catchall for" any other condition" that makes the premises unfit for human habitation. The statute is CRS 38-12-501 et seq. Under the statute, you must give written notice of the condition and give the landlord a reasonable time to repair before he is in breach of the warranty of habitability. Once Landlord is in breach, you have several remedies, one of them is to terminate the lease, but it says you have to give them a notice in writing that you are terminating the lease and a moveout date of not more than 30 days from the date of your notice and it must give them a final opportunity to cure the problem by repairing within 5 business and notifying them if they do cure the problem that the lease is re-instated.
If your maintenance requests are for minor things that do not make the premises uninhabitable, then the warranty of habitability statute does not apply and you may not be excused from your lease without penalty, but maybe there is language in the lease that would give you grounds to terminate, so the lease should be reviewed very close to see if it gives you grounds. Also, you says there is 5 maintenance requests that are "open". While each request taken separately may not be be an uninhabitable condition, the effect of 5 different repair needs taken together as a whole may have the effect of making the unit uninhabitable and put you under the warranty of habitability statute.
Finally, the best solution is often to talk to the landlord and try to reach a termination agreement, where you both agree that the lease is terminated under whatever terms you agree upon.
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