Tenants in Colorado have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must give the landlord written or electronic notice and allow 24-96 hours for the landlord to begin repairs in good faith.
Colorado Landlord Responsibilities for Repairs
Colorado landlords are responsible for keeping all of the following in good working condition:
- 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
- Anything impacting health, safety, or habitability
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Colorado?
Colorado tenants don’t have to fix minor damages that result from ordinary wear and tear, but are responsible for repairing any damage they cause to the property which affects a legal habitability requirement or general health and safety.
If they have the necessary repair skills, renters of unsubsidized single-family homes can make a separate written agreement with the landlord to do maintenance that would otherwise be the landlord’s responsibility.
Requesting Repairs in Colorado
Colorado tenants must request repairs by sending written or electronic notice to the landlord regarding the issue that needs fixing. The landlord must reply providing the tenant a repair timeline within 24 hours.
If the landlord doesn’t reply, or doesn’t begin repairs, the tenant can submit a written (not electronic) notice of breach giving five business days to complete repairs, and then sue or end the lease if repairs still aren’t done.
How Long Does a Landlord Have To Make Repairs in Colorado?
Colorado landlords must begin repairs within 24 hours after getting a written or electronic request. This gets extended to 96 hours when the tenant gives permission to enter for repairs in the initial request and the issue doesn’t materially impact health and safety.
A recent Colorado court case has specified that a tenant MUST provide permission to enter for repairs when providing written notice about an issue that doesn’t materially impact health and safety.
Can the Landlord Refuse To Make Repairs in Colorado?
Colorado landlords cannot refuse to make repairs that are their responsibility, even when the tenant is not current on rent.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Colorado?
Colorado landlords, when doing repairs that move the tenant out of the unit, must pay for the tenant to stay in a comparable rental unit or in a hotel until repairs are complete. The lease otherwise continues normally, with the tenant remaining responsible for the usual rent.
Tenant’s Rights if Repairs Aren’t Made in Colorado
Colorado tenants can cancel the rental agreement when the landlord doesn’t fix an issue within five business days after written notice of failure to make timely repairs. Tenants can also sue for damages, get an injunction to force repairs, or repair and deduct.
Can the Tenant Withhold Rent in Colorado?
Colorado tenants are not allowed to withhold the entire periodic rent without a court order. However, if a landlord fails to make timely repairs, a tenant can follow a specific procedure to repair and deduct the costs from a withheld portion of the periodic rent.
Can the Tenant Repair and Deduct in Colorado?
Colorado tenants can repair and deduct the cost from rent, if their housing isn’t federally subsidized. When repairs aren’t begun within 24-96 hours of notice, the tenant must send the landlord (and keep a copy of) written notice of intention to repair and deduct, that specifically contains the following:
- Date
- Name of landlord / property manager
- Address of rental property
- Condition requiring repairs
- Date of original repair request
- At least one good-faith cost estimate, prepared by a licensed professional who isn’t related to the tenant
The landlord can then, within four business days, challenge the estimate with his own (also from a licensed professional) and begin work as soon as reasonably possible. Otherwise, the tenant can hire a professional for repairs and begin deducting the costs from one or more rent payments.
Can the Tenant Break Their Lease in Colorado?
Colorado tenants can break a lease when the landlord fails to begin good-faith repairs within five business days after getting a written notice of breach.
When the same habitability issue recurs within six months, tenants can end the lease without waiting for repairs, following two weeks’ written or electronic notice that includes the issue and date of termination (unless the issue is a broken appliance, and the landlord replaces it).
When service personnel specifically provide written warning of a gas hazard, the tenant can move out and end the lease immediately if the landlord doesn’t repair within three business days of written notice. Unlike some other cases, the tenant doesn’t have to provide a second notice of breach.
Can the Tenant Sue in Colorado?
Colorado tenants can sue to force repairs or recover monetary damages, when the landlord doesn’t make timely repairs.
Can the Tenant Report the Landlord in Colorado?
Colorado tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Colorado
Colorado landlords aren’t allowed to retaliate by raising rent, reducing services, or threatening eviction against a tenant who takes one of the following protected actions:
- Complaining to the government or landlord about habitability, health, or safety violations.
- Participating in a tenant organization.
Sources
- 1 Colo. Rev. Stat. § 38-12-503(2) (2022)
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“[Except for mold-specific rules], 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 described in subsection (2)(a) of this section and failed to commence remedial action by employing reasonable efforts within the following period after receiving the notice: (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 - 2 Colo. Rev. Stat. § 38-12-505(1)(a) (2022)
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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 - 3 Colo. Rev. Stat. § 38-12-505(1) (2022)
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“A residential premises is deemed uninhabitable if: …(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 and reasonable amounts of hot water at all times 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;
“(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 or vermin;
“(VIII) Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
“(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 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 - 5 Colo. Rev. Stat. § 38-12-504(1) & (2) (2022)
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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. § 38-12-506 (2022)
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“(1) For a single-family residence premises for which a landlord does not receive a subsidy from any governmental source, a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling necessary to comply with section 38-12-503 [warranty of habitability], subject to the following requirements: (a) The agreement of the landlord and tenant is entered into in good faith and is set forth in a writing that is separate from the rental agreement, signed by the parties, and supported by adequate consideration; and (b) The tenant has the requisite skills to perform the work required to comply with section 38-12-503 (1).
“(2) To the extent that performance by a tenant relates to a characteristic set forth in section 38-12-505 (1), the tenant assumes the obligation for the characteristic, and the lack of the characteristic does not make the residential premises uninhabitable.”
Source Link - 7 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 by surrendering possession of the dwelling unit. If the breach 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, the rental agreement shall not terminate by reason of the breach.
“(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 - 8 Colo. Rev. Stat. § 38-12-503(4) (2022)
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“(a) If the notice sent pursuant to subsection (2)(b) of this section concerns a condition that is described by subsection (2)(a)(II) of this section [conditions that materially affect the tenant’s health and safety], the landlord, at the request of the tenant, shall provide the tenant: (I) A comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant; or (II) A hotel room, as selected by the landlord, at no expense or cost to the tenant.
“(b) A landlord is not required to pay for any other expenses of a tenant that arise after the relocation period. A tenant continues to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation.”
Source Link - 9 Colo. Rev. Stat. § 38-12-507(1)(e)(i) (2022)
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“Pursuant to this subsection (1)(e), the tenant may deduct from one or more rent payments the cost of repairing or remedying a condition that is the basis of a breach of the warranty of habitability described in section 38-12-503, if the tenant provides notice of the condition to the landlord as described in section 38-12-503 (2)(b) or (2.2) [reasonably complete written or electronic notice] and the landlord fails to: (A) Commence remedial action by employing reasonable efforts within the applicable period described in section 38-12-503 (2)(b) [24-96 hours]; or (B) Complete the actions described in section 38-12-503 (2.2) [begin mold remediation within 96 hours, and complete decontamination and remediation within a reasonable time].”
Source Link - 10 Colo. Rev. Stat. § 38-12-507(1)(e)(viii) (2022)
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“[A] tenant shall not deduct costs from one or more rent payments or make repairs to a residential premises if the residential premises was constructed, acquired, developed, rehabilitated, or maintained with: (A) Funding provided pursuant to section 8 or 9 of the federal ”United States Housing Act of 1937“, as amended, 42 U.S.C. secs. 1437f and 1437g; (B) Funding from the home investment partnerships program of the federal department of housing and urban development; or (C) Federal low-income housing tax credits, Colorado affordable housing tax credits, or funding provided under any federal, state, or local program that restricts maximum rents for persons of low or moderate income and that is currently subject to a use restriction that is monitored to ensure compliance by the federal government, the state government, a county government, or a municipal government, or by any political subdivision or designated agency thereof.”
Source Link - 11 Colo. Rev. Stat. § 38-12-507(1)(e)(ii) (2022)
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“At least ten days before deducting… a tenant shall provide the landlord with written or electronic notice of the tenant’s intent to do so. The notice must specify the date of notification, the name of the landlord or property manager, the address of the rental property, the condition that requires a repair or remedy, the date upon which the tenant provided notice to the landlord of the condition that requires a repair or remedy, and a copy of at least one good-faith estimate of costs… prepared by a professional who is unrelated to the tenant, is trained to perform the work for which the estimate is being prepared, and complies with all… requirements of this state that apply to the performance of the work. A tenant withholding rent over multiple payment periods is required to provide notice only once. The tenant shall retain a copy of the notice.”
Source Link - 12 Colo. Rev. Stat. § 38-12-507(1)(e)(iii) & (1)(e)(iv) (2022)
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“(III) After a tenant provides a landlord notice of the tenant’s intent to deduct… the landlord has four business days to obtain one or more good-faith estimates of such costs in addition to any estimate that the tenant included… prepared by a professional who is unrelated to the landlord… and complies with all… requirements of this state that apply to the performance of the work. If the landlord prefers to repair or remedy the condition by hiring a professional other than a professional who prepared an estimate for the tenant, the landlord shall share the preferred professional’s estimate with the tenant and shall commence work to repair or remedy the condition as soon as reasonably possible.
“(IV) If the landlord does not obtain any additional estimates within the four days prescribed… the tenant may proceed to deduct costs from one or more rent payments, based on the estimate acquired by the tenant[.]”
Source Link - 13 Colo. Rev. Stat. § 38-12-507(3) (2022)
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“(a) If the same condition that substantially caused a breach of the warranty of habitability recurs within six months… the tenant may terminate the rental agreement fourteen days after providing the landlord written or electronic notice of the tenant’s intent to do so. The notice must include a description of the condition and the date of the termination of the rental agreement.
“(b) If the same condition that substantially caused a breach of the warranty of habitability recurs within six months after the condition is repaired or remedied, and the condition is a breach of section 38-12-505 (1)(b)(I) [duty to provide functional appliances] …if the landlord remedies the condition within fourteen days after receiving the notice, the tenant may not terminate the rental agreement.”
Source Link - 14 Colo. Rev. Stat. § 38-12-104(3) & (4) (2022)
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“[After receiving written notice from the tenant or other person that service personnel from any organization providing gas service to a residential building have provided a written warning of hazardous condition of a gas appliance, piping, or other gas equipment,] The landlord shall then have seventy-two hours excluding a Saturday, Sunday, or a legal holiday after the actual receipt of the written notice of the hazardous condition to have the hazardous condition repaired by a professional. …If the landlord does not have the repairs made… and the condition of the building remains hazardous, the tenant may opt to vacate the premises. After the tenant vacates the premises, the lease or other rental agreement between the landlord and tenant becomes null and void[.]”
Source Link - 15 Colo. Rev. Stat. § 38-12-509(1) & (2) (2022)
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“(1) A landlord shall not retaliate against a tenant by increasing rent or decreasing services or by bringing or threatening to bring an action for possession in response to the tenant: (a) Having made a good faith complaint to the landlord or to a governmental agency alleging a condition described by section 38-12-505 (1) [statutory habitability requirements] or any condition that materially interferes with the life, health, or safety of the tenant; or (b) Organizing or becoming a member of a tenants’ association or similar organization.
“(2) If a landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant may terminate the rental agreement and recover an amount not more than three months’ periodic rent or three times the tenant’s actual damages, whichever is greater, plus reasonable attorney fees and costs.”
Source Link - 16 Anderson v. Shorter Arms Inv'rs, 537 P.3d 831, 837 (Colo. App. 2023)
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“[When a condition is not so] emergent that it [is] presently materially interfering with… life, health, or safety… permission to enter [is] required to be given with the [repair] notice.”
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