If a rental property in Colorado fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Colorado?
Colorado considers a living conditions on a rental property unsafe without safe and working:
- Plumbing
- Sewage
- Electricity
- Gas
- Weatherproofing
- Doors and windows (including locks)
- Heating
- Hot water
- Exterior garbage containers
- Floors, stairways, and railings
- Smoke alarms and CO detectors
- Common areas
A landlord’s direct or indirect interruption of utility services may qualify as an unsafe condition, along with any other issue that substantially impacts health and safety on a property.
What Should Tenants Do Before Reporting a Violation in Colorado?
In most cases, before reporting a violation, a tenant in Colorado must notify the landlord about the issue through a written or electronic repair request, and ask him to begin repairs within 24-72 hours, depending on specifics.
How Can Tenants Report a Violation in Colorado?
Tenants in Colorado should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Denver | Denver 311 | Online Form |
| Colorado Springs | Neighborhood Services | Online Form |
| Aurora | Access Aurora | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Denver?
A tenant in Denver can report a health or safety violation by calling (720) 913-1311 or using the online form provided by Denver 311. Most violations will fall under “Other.” Describe the issue, attach supporting documentation, enter location and contact information, and submit.
How Can a Tenant Report a Health or Safety Violation in Colorado Springs?
A tenant in Colorado Springs can report a health or safety violation by calling (719) 444-7891 or using the online form provided by Neighborhood Services. Most issues will fall under “Housing concerns – tenants – unsafe living conditions.” Select a location, describe the issue, and submit.
How Can a Tenant Report a Health or Safety Violation in Aurora?
A tenant in Aurora can report a health or safety violation by calling Code Enforcement at (303) 739-7000 or using the online form provided by Access Aurora. Most issues will fall under “Code Enforcement.” Select a location, describe the issue, attach supplemental documentation, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Colorado?
After a tenant files a complaint about unsafe living conditions in Colorado, an officer may inspect the property. The landlord must fix noted code violations (often within 7-14 days). Otherwise, the landlord could be fined and the local government might file to condemn the property.
Sources
- 1 Colo. Rev. Stat. § 38-12-505(1)(a)
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A residential premises is deemed uninhabitable if:
(a) There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use.
Source Link - 2 Colo. Rev. Stat. § 38-12-505(1)(b)(i) - (1)(b)(vi)
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A residential premises is deemed uninhabitable if:
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(b) It substantially lacks any of the following characteristics:
(I) Functioning appliances that conformed to applicable law at the time of installation and that are maintained in good working order;
(II) Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;
(III) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
(IV) Running water at all times and hot water in an amount necessary for the tenant to perform all ordinary activities related to maintaining cleanliness and health, furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
(V) Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
(VI) Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order.
Source Link - 3 Colo. Rev. Stat. § 38-12-505(1)(b)(vii) - (1)(b)(xvi)
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A residential premises is deemed uninhabitable if:
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(b) It substantially lacks any of the following characteristics:
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(VII) Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents, vermin, pests, or insects;
(VIII) Appropriate extermination in response to the infestation of rodents, vermin, pests, or insects throughout a residential premises, including compliance with all requirements under part 10 of this article 12;(IX) An adequate number of appropriate exterior receptacles for garbage, waste, and rubbish, in good repair and scheduled to be serviced and emptied at sufficient intervals to ensure containment and proper disposal of all trash, waste, and rubbish;(X) Floors, stairways, elevators, and railings maintained in good repair;(XI) Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order;(XII) Compliance with all applicable building, housing, and health codes, the violation of which would constitute a condition that materially interferes with the life, health, or safety of the tenant;(XIII) Compliance with applicable standards from the American National Standards Institute, or its successor organization, and all applicable provisions of building, fire, health, and housing codes for the remediation and cleanup of a residential premises following an environmental public health event;(XIV) Remediation in compliance with article 18.5 of title 25 if the residential premises was used as an illegal drug laboratory, as defined in section 25-18.5-101 (8), involving methamphetamine.(XV) Compliance with all requirements in section 38-12-803; or(XVI) Compliance with all requirements related to cooling devices established in subsection (7) of this section; or
Source Link - 4 Int’l Fire Code § 907.8.4 (2021)
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Colorado incorporates the 2021 International Fire Code:
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The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.
Source Link - 5 Colo. Rev. Stat. § 38-12-507(1)(a)
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If there is a breach of the warranty of habitability as set forth in section 38-12-503, a tenant may exercise one or more of the following remedies:
(a)(I) A tenant may terminate a rental agreement without any liability or financial penalty to the tenant if the condition that caused the breach remains unremedied or unrepaired and the tenant provides the landlord ten to sixty days’ written notice that states:
(A) The uninhabitable condition or conditions that remain unremedied or unrepaired;
(B) The tenant’s intent to terminate the lease and vacate the dwelling unit; and
(C) The date upon which the tenant intends to terminate the lease, which date must be at least ten days after the date that the notice is provided to the landlord.
(II) If the landlord commences or completes remedial action before the termination date provided by the tenant in accordance with subsection (1)(a)(I)(C) of this section, the landlord and tenant may agree, in writing at the time the condition is being remedied or repaired or after the condition has been remedied or repaired, to rescind the tenant’s intent to terminate the lease and continue the housing arrangement under the landlord and tenant’s existing rental agreement.
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