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CO Landlord's Must Ensure Habitability

Posted by attorney Donald Eby

The Landlord’s Obligation to Repair

The terms of the lease determine the landlord’s obligation to repair the property. Otherwise, the landlord is obligated on to ensure that the property is "habitable" and make repairs only when:

• Gas burning equipment, i.e. stove, hot water heater, or home heater - causes a hazard. When repairs to defective and hazardous gas equipment are not made within 72 hours after notice to the landlord, the tenant may move out and the tenant is entitled to a full refund of the deposit and a rent rebate.

• The landlord has made and express promise which obligated him, i.e. promised or otherwise agreed to making repair the property.

• If the landlord’s failure to make repairs violates the covenant of quiet enjoyment or in essence the failure to make repairs has made the property uninhabitiable or has constructively evicted the tenant.

• When the repairs are for the common areas or the repairs are necessary to correct a dangerous or hidden defect.

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