Colorado Warranty of Habitabilty
Warranty of Habitability for Leased Premises
Landlord Tenant Issues-HabitabilityThe Colorado Warranty of Habitability Statute, which says that a landlord must keep the property in a condition that is fit for human habitation. Sec.38-12-505(g), Colorado Revised Statutes, specifically says that the landlord breaches the warranty of habitability if there is not an appropriate response to the infestation of rodents or vermin throughout a residential premises. In order to claim a breach of the warranty you must first give the landlord written notice of the uninhabitable condition and allow a reasonable amount of time to cure the problem. Be sure to keep a copy of your written notice. You may need it if it goes to Court. You may have already given a proper written notice, but it must be given. If the landlord fails to repair in a reasonable time after receiving written notice, then you can exercise your rights under the warranty statute, which can include withholding rent, giving notice that you are terminating the lease, due to the failure to cure the uninhabitable condition and giving a moveout date of not more than 30 days (this notice must also give to the landlord one final chance to cure the default within 5 business days) etc... the landlord may owe for moving expenses, rebate of rent and other losses you incur due to the breach. You should probably get some legal advice on how to exercise your rights when there is a breach of the warranty. Your landlord may claim that there has been a response to your requests for extermination, but he really has not, because his efforts have failed.
Also, you may be able to claim a right to terminate the lease just based on the terms of the lease itself. The landlord may have breached the lease by failing to exterminate. Look closely at the terms of your lease. You can find all Colorado statutes at https://codes.findlaw.com/co/
This was originally written by William F. Burns, Attorney at Law.
Security Deposit IssuesAs for your security deposit: Pursuant to Colorado Revised Statute Section 38-12-103(1), Landlord generally has a month after the later of the end of the lease or your moving out/surrendering the premises (though your lease could give landlord up to 60 days) to return your security deposit along with (at the same time; not later) a detailed written explanation of any amounts kept by landlord. If the landlord does not return your security deposit within the required timeframe, landlord loses all right to keep any of it. If the landlord fails to provide the detailed explanation at the time landlord returns a portion of the security deposit, landlord loses all right to keep any of it (38-12-103(2)). Further, tenant may be entitled under Section 38-12-103(3) to triple damages (plus attorney fees and court costs) if a landlord wrongfully withholds any portion of tenant's security deposit (but tenant does need to give landlord a written notice at least 7 days before filing suit against landlord). None of these rights are waiveble, regardless of what your lease says (38-12-103(7)). And landlord cannot charge reasonable wear and tear against your security deposit. This was originally written by Ashley Dean Powell, Attorney at Law. You can find all Colorado statutes at https://codes.findlaw.com/co/