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 | Yes |
| 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 and Air Conditioning in Colorado
Colorado landlords must provide and maintain heating for rental properties. They don’t have to provide air conditioning, but do have to keep any provided air conditioning appliances in good working order.
Are Landlords Required To Provide Air Filter Replacements in Colorado?
Colorado landlords don’t have to replace things like air filters, unless provided heating or cooling 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 and 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 72 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 and 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 which provide adequate weatherproofing. Windows designed to open also 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 and 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 24-72 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)
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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)
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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)
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A residential premises is deemed uninhabitable if: … 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[.]
Source Link - 4 Colo. Rev. Stat. § 38-12-503(9)
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When a condition described in subsection (2)(a) of this section is substantially caused by the misconduct of the tenant, a member of the tenant’s household, a guest or an invitee of the tenant, or a person under the tenant’s direction or control, the condition does not constitute a basis for a breach of the warranty of habitability under subsection (2) of this section. It is not misconduct under this subsection (9) by a victim of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking and the landlord has notice at any time of the domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking, as described in section 38-12-402 (2)(a).
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See also Colo. Rev. Stat. § 38-12-504(2) (“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.”)
- 5 Colo. Rev. Stat. § 38-12-504(1) & (2)
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(1) In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner. [Specifics include compliance with legal requirements, and clean, safe usage of the premises]…
(2) 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 - 6 Colo. Rev. Stat. § 38-12-503(12)
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(a) Unless the circumstances described in subsection (3)(b)(I) of this section prevented a landlord from commencing remedial action, the landlord shall commence remedial action within the period described in subsection (2)(b) of this section upon having notice of:
(I) Mold associated with dampness in a dwelling unit; or
(II) Any other condition causing the residential premises to be damp, which condition, if unremedied or unrepaired, could create mold or would materially interfere with the life, health, or safety of a tenant.
(b) The remedial action required pursuant to subsection (12)(a) of this section must include performing all of the following applicable tasks within a reasonable amount of time:
(I) Mitigating immediate risk from mold by installing a containment, stopping active sources of water contributing to the mold, installing a high-efficiency particulate air filtration device to reduce a tenant’s exposure to mold, and performing all of these tasks within seventy-two hours after receiving notice of the condition;
(II) Maintaining the containment described in subsection (12)(b)(I) of this section throughout the remediation and repair process;
(III) Establishing any additional protections for workers and occupants that may be appropriate given the condition;
(IV) Eliminating or limiting moisture sources and drying all materials impacted by the mold or dampness;
(V) Decontaminating or removing materials damaged by mold or dampness;
(VI) Evaluating whether the residential premises has been successfully remediated, including post-remediation testing for the existence of mold; and
(VII) Reassembling the residential premises to control sources of moisture to prevent or limit the recurrence of mold or dampness.
(c) If the condition described in subsection (12)(a) of this section would interfere with the tenant’s life, health, or safety, the landlord must provide, at the request of the tenant, a comparable dwelling unit or hotel room in accordance with subsection (4) of this section.
Source Link - 7 Colo. Rev. Stat. § 38-12-1001 et seq.
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See Bed Bugs in Residential Premises Act, Colo. Rev. Stat. § 38-12-1001 et seq.
Source Link - 8 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 - 9 Int’l Fire Code § 907.2.11.2 (2021)
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Colorado incorporates the 2021 International Fire Code:
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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:
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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; or room abuts a non-exempt garage].
Source Link - 11 Colo. Rev. Stat. § 38-12-503(2)
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A landlord breaches the warranty of habitability set forth in subsection (1) of this section if:
(a) A residential premises is:
(I) Uninhabitable as described in section 38-12-505; or
(II) In a condition that materially interferes with the tenant’s life, health, or safety; and
(b) The landlord has notice, as described in subsection (3)(e) of this section, of the condition described in subsection (2)(a) of this section and:
(I) Has failed to commence remedial action in accordance with subsection (4) of this section within the following period after having notice:
(A) Twenty-four hours, where the condition materially interferes with the tenant’s life, health, or safety; or
(B) Seventy-two hours, where the residential premises are uninhabitable as described in section 38-12-505 or otherwise;
(II) Has commenced remedial action, in accordance with subsection (4) of this section, within the period described in subsection (2)(b)(I) of this section, but failed to continue performing the remedial action as needed until the condition was remedied or repaired;
(III) Has failed to completely remedy or repair the condition within a reasonable time after commencing remedial action;
(IV) Has failed to comply with subsection (8) of this section concerning a residential premises that has been damaged due to an environmental public health event; or
(V) Leases a residential premises to a tenant and the residential premises is in an uninhabitable condition at the inception of the tenant’s occupancy.
Source Link - 12 Colo. Rev. Stat. § 38-12-507(1)(a) & (1)(e)
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(1) 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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(e)(I) A tenant may obtain preliminary or permanent injunctive relief for breach of the warranty of habitability, including an order for specific performance, in any county or district court of competent jurisdiction. If permanent injunctive relief or specific performance is ordered, the court’s jurisdiction continues over the matter for the purpose of ensuring compliance with the order. An order requiring injunctive relief or specific performance may include:(A) An order to remedy any existing violations of this part 5, including relief to any similarly situated tenants who are reasonably likely to be affected by the condition as described in section 38-12-503 or by other violations of this part 5;
(B) An order for a landlord to modify or cease practices that give rise to a violation of this part 5; and
(C) An order for the landlord to adopt policies or practices that ensure compliance with this part 5 to minimize or eliminate the likelihood of future violations.
(II) In a proceeding for injunctive relief, the court may determine actual damages for a breach of the warranty of habitability at the time the court orders the injunctive relief or at a later time as deemed appropriate by the court.
(III) If the landlord pays damages to the court pursuant to this subsection (1)(e), and upon application by the tenant, the court shall immediately release to the tenant the damages paid by the landlord. If the tenant vacates the leased residential premises, the landlord shall not rent the residential premises again until the unit is in compliance with the warranty of habitability set forth in section 38-12-503 (1).
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