Colorado legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Colorado Implied Warranty of Habitability
In Colorado, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
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However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like old cabinets or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Colorado
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | Yes | Yes |
| Light Fixtures | Yes | Yes |
| Landscaping | No | Sometimes |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | No | No |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Colorado
Colorado landlords must provide and maintain heating for rental properties. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Colorado?
Colorado landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Colorado
Colorado landlords are responsible for keeping plumbing in good working order.
Are Landlords Required To Provide Hot Water in Colorado?
Colorado landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Colorado?
Colorado landlords have to fix clogs the renter didn’t cause which keep the plumbing from being in good working order.
Are Landlords in Colorado Responsible for Fixing Leaks?
Colorado landlords must fix leaks the renter didn’t cause which keep the plumbing from being in good working order.
Landlord Responsibilities for Kitchen Appliances in Colorado
Colorado landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, the landlord does have to keep such appliances in good working order.
Landlord’s Responsibilities for Electrical Issues in Colorado
Colorado landlords are responsible for providing electrical service, and electrical lighting for the premises, in good working order.
Are Landlords Responsible for Replacing Light Bulbs in Colorado?
Colorado landlords don’t have a clear responsibility for replacing light bulbs. The landlord isn’t responsible for repairing damage from ordinary wear and tear, or damage caused by the renter’s actions. This means in most cases, a landlord won’t be responsible for bulb replacement.
Landlord’s Responsibilities for Garbage Removal in Colorado
Colorado landlords must provide and maintain outside garbage containers. The law makes tenants primarily responsible for making sure the premises are clean with properly disposed garbage, so it’s the tenant’s job to arrange garbage service if the landlord doesn’t.
Landlord Responsibilities for Landscaping in Colorado
Colorado landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Colorado
Colorado landlords are responsible for mold issues. Within 96 hours of getting written or electronic notice about a mold issue or health-related dampness, the landlord must take specific containment measures and begin preparations for proper decontamination and remediation.
Landlord Responsibilities Regarding Pests in Colorado
Colorado landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, and ants. However, there’s no requirement for landlords to inspect or test regularly for pests.
Landlords have many specific legal responsibilities when it comes to bedbugs. For example, they must hire a professional inspector within 96 hours of a reported infestation, begin treatment within five business days of inspection, and give particular disclosures and updates to the tenant as treatment proceeds.
Landlord Responsibilities for Windows & Window Coverings in Colorado
Colorado landlords have no specific responsibility to provide or maintain window screens in Colorado. However, the landlord must provide unbroken windows, and windows designed to open must have locks in good working order.
Landlord Responsibilities Regarding Safety Devices in Colorado
Colorado landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors. In general, all rentals must have smoke alarms, while CO detectors are only required when there’s a fossil fuel-burning appliance or unvented garage adjacent to the property or within it.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Colorado?
Colorado landlords are responsible for fire safety systems, including battery replacement for such devices.
Landlord Responsibilities for Doors & Locks in Colorado
Colorado landlords are responsible for providing and maintaining unbroken doors, and locks in good working order.
Landlord Responsibilities for Washers and Dryers in Colorado
Colorado landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Colorado
Colorado renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. The renter must give the landlord a written or electronic repair request. Depending on the issue, the landlord must begin reasonable repairs within 24-96 hours after notice.
If the landlord fails to repair, the renter has to submit a written notice of breach to the landlord and wait five business days. After that, the renter can begin the process to end the rental agreement, or ask a court to order repairs or compensation.
Sources
- 1 Colo. Rev. Stat. § 38-12-505(1)(a) (2022)
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“A residential premises is deemed uninhabitable if: … There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which … would materially interfere with the health or safety of the tenant…”
Source Link - 2 Colo. Rev. Stat. § 38-12-505(1)(b)(i) - (1)(b)(vi) (2022)
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“A residential premises is deemed uninhabitable if: … It substantially lacks any of the following characteristics: (I) Functioning appliances … in good working order; (II) Waterproofing and weather protection of roof and exterior walls … including unbroken windows and doors; (III) Plumbing or gas facilities … (IV) Running water and reasonable amounts of hot water … connected to a sewage disposal system … (V) Functioning heating facilities … (VI) Electrical lighting, with wiring and electrical equipment …”
Source Link - 3 Colo. Rev. Stat. § 38-12-505(1)(b)(vii) - (1)(b)(xii) (2022)
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“A residential premises is deemed uninhabitable if: … It substantially lacks any of the following characteristics: (VII) Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations … (VIII) Appropriate extermination in response to the infestation of rodents or vermin … (IX) An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair; (X) Floors, stairways, 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; or (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.”
Source Link - 4 Colo. Rev. Stat. § 38-12-503(3) (2022)
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“When any condition described in subsection (2) of this section [violations of warranty of hability, except mold-related violations] is caused by the misconduct of the tenant, a member of the tenant’s household, a guest or invitee of the tenant, or a person under the tenant’s direction or control, the condition does not constitute a breach of the warranty of habitability.” Colo. Rev. Stat. § 38-12-503(3) (2022). See also Colo. Rev. Stat. § 38-12-504(2) (2022) (“In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.”)
Source Link - 5 Colo. Rev. Stat. § 38-12-504(1) (2022)
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“…[Every tenant] has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to: (a) Comply with … codes materially affecting health and safety; (b) Keep the dwelling unit reasonably clean, safe, and sanitary … (c) Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner; (d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances … (e) Conduct himself or herself … in a manner that does not disturb their neighbors’ peaceful enjoyment… (f) Promptly notify the landlord if … there is a condition that could result in the premises becoming uninhabitable if not remedied.”
Source Link - 6 Colo. Rev. Stat. § 38-12-503(2.2) (2022)
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“In a case in which a residential premises has mold … [or] other condition causing the residential premises to be damp, which … would materially interfere with the life, health, or safety of a tenant, a landlord breaches the warranty of habitability if the landlord fails: (a) Within ninety-six hours after receiving reasonably complete written or electronic notice… [to install] a containment… [and] a high-efficiency particulate air filtration device to reduce tenants’ exposure to mold; (b) To maintain the containment described in subsection (2.2)(a)… (c) Within a reasonable amount of time, to … (I) Establish appropriate protections for workers and occupants; (II) Eliminate or limit moisture sources and dry all materials; (III) Decontaminate or remove damaged materials as appropriate; (IV) Evaluate whether the premises has been successfully remediated; and (V) Reassemble the premises to … prevent or limit the recurrence of mold.”
Source Link - 7 Colo. Rev. Stat. § 38-12-1001 (2022) et seq.
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See Bed Bugs in Residential Premises Act, Colo. Rev. Stat. § 38-12-1001 (2022) et seq.
Source Link - 8 Int’l Fire Code § 907.8.4 (2021)
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Colorado incorporates the 2021 International Fire Code. “The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.”
Source Link - 9 Int’l Fire Code § 907.2.11.2 (2021)
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Colorado incorporates the 2021 International Fire Code. “Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.”
Source Link - 10 Int’l Fire Code § 915.1.1 (2022)
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Colorado incorporates the 2021 International Fire Code. “Carbon monoxide detection shall be provided in Group I-1, I-2, I-4, and R occupancies and in classrooms in Group E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist [rooms or building contain fuel-burning appliances; rooms are served by a fuel-burning furnace; room abuts a non-exempt garage].”
Source Link - 11 Colo. Rev. Stat. § 38-12-503(2) (2022)
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“Except as described in subsection (2.2) of this section [specific rules for mold], a landlord breaches the warranty of habitability [if]…
“(a) A residential premises is: (I) Uninhabitable as described in section 38-12-505 or otherwise unfit for human habitation; or (II) In a condition that materially interferes with the tenant’s life, health, or safety; and
“(b) The landlord has received reasonably complete written or electronic notice of the condition… [and has not employed] reasonable efforts within… (I) Twenty-four hours, where the condition is as described in subsection (2)(a)(II) of this section; or (II) Ninety-six hours, where the condition is as described in subsection (2)(a)(I) of this section and the tenant has included with the notice permission to the landlord or to the landlord’s authorized agent to enter the residential premises.”
Source Link - 12 Colo. Rev. Stat. § 38-12-507(1)(a) & (1)(b)(i) (2022)
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“(a) Upon no less than ten and no more than thirty days written notice to the landlord specifying the condition alleged to breach the warranty of habitability and giving the landlord five business days from the receipt of the written notice to remedy the breach, a tenant may terminate the rental agreement… [unless it is] remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach within five business days of receipt of the notice…”
“(b) (I) A tenant may obtain injunctive relief for breach of the warranty of habitability in any county or district court of competent jurisdiction. In a proceeding for injunctive relief, the court shall determine actual damages for a breach of the warranty at the time the court orders the injunctive relief.”
Source Link
