Colorado Renter’s Rights for Repairs

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1 Colo. Rev. Stat. § 38-12-503(2)

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.

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2 Colo. Rev. Stat. § 38-12-505(1)

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;

(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;

(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

(c) It is otherwise unfit for human habitation.

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3 Int’l Fire Code § 907.8.4 (2021)

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.

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4 Colo. Rev. Stat. § 38-12-504(1) & (2)

(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.

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5 Colo. Rev. Stat. § 38-12-506

(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.

(3) Notwithstanding subsections (1) and (2) of this section, a landlord and tenant shall not enter into an agreement for the repair, maintenance, alteration, remodeling, or remediation of a residential premises that is necessary to comply with section 38-12-503 that would endanger the health or safety of the tenant.

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6 Colo. Rev. Stat. § 38-12-503(6)(a)

A landlord that has notice of a condition described in subsection (2)(a) of this section shall:

(I) Contact the tenant not more than twenty-four hours after receiving the notice; except that a landlord may take up to seventy-two hours to contact the tenant after the landlord has notice that the residential premises is inaccessible because of an environmental public health event. The communication must indicate the landlord’s intentions to remedy or repair the condition, including an estimate of when the remedial action will commence and when it will be completed.

(II) Inform the tenant of the landlord’s responsibilities under subsection (4) of this section, including the landlord’s obligation to provide the tenant a comparable dwelling unit or hotel room at no cost to the tenant; and

(III) Provide the tenant with written notice at least twenty-four hours in advance of entry to the dwelling unit if entry to the dwelling unit is necessary to commence or maintain remedial action; except that the landlord is not required to provide advance notice when the condition materially and imminently threatens an individual’s life, health, or safety or when the condition poses an active and ongoing threat of causing, and, without immediate remediation, would cause, substantial and material damage to the residential premises.

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7 Colo. Rev. Stat. § 38-12-507(1)(a) & (1)(e)

(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.

…

(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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8 Anderson v. Shorter Arms Inv'rs, 537 P.3d 831, 837 (Colo. App. 2023)

“[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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9  Colo. Rev. Stat. § 38-12-503(4)(a)

(I) Upon having notice of a condition described in subsection (2)(a) of this section, a landlord shall commence remedial action within the time period described in subsection (2)(b) of this section unless the circumstances described in subsection (3)(b)(I) of this section prevented the landlord from commencing remedial action.(II) If the condition materially interferes with the tenant’s life, health, or safety or is a condition described in section 38-12-505 (4)(l), remedial action must include a landlord providing the tenant, at the request of the tenant and within twenty-four hours after the tenant’s request:

(A) A comparable dwelling unit, as selected by the landlord, at no cost to the tenant; or

(B) A hotel room, as selected by the landlord, at no cost to the tenant.

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10 Colo. Rev. Stat. § 38-12-507(1)(c)

(I) 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, as described in section 38-12-503, if:

(A) The tenant gives the landlord at least ten days’ advance written notice of the tenant’s intent to hire a licensed or otherwise qualified professional to remedy or repair the condition or conditions; except that the tenant may provide only forty-eight hours’ advance written notice if the tenant has a good faith belief that the condition materially interferes with the tenant’s life, health, or safety;

(B) The landlord fails to sufficiently remedy or repair the condition within the notice period described in subsection (1)(c)(I)(A) of this section or the landlord fails to provide a comparable dwelling unit or hotel room pursuant to section 38-12-503 (4);

(C) The licensed or otherwise qualified professional is not a relative of the tenant and provides an estimate for remedying or repairing the condition or conditions that is reasonably consistent with industry standards;

(D) The tenant hires the licensed or otherwise qualified professional to remedy or repair the condition; and

(E) The tenant provides the landlord with a receipt, invoice, or proof of payment for work completed by the licensed or otherwise qualified professional within a reasonable amount of time after completion of the work or within thirty days after the landlord requests the receipt, invoice, or proof of payment.

(II) A tenant may, in lieu of repairing a broken or malfunctioning appliance, replace the broken or malfunctioning appliance and deduct the cost from one or more rent payments if:

(A) The tenant gives the landlord at least three days’ advance written notice of the tenant’s intent to purchase and replace the broken or malfunctioning appliance with a replacement appliance;

(B) The landlord fails to sufficiently repair or replace the broken or malfunctioning appliance within the notice period described in subsection (1)(c)(I)(A) of this section;

(C) The replacement appliance is of comparable quality and has substantially the same features as the original appliance; and

(D) The tenant provides the landlord with a receipt, invoice, or proof of payment for the replacement appliance within a reasonable amount of time after completion of the work or within thirty days after the landlord requests the receipt, invoice, or proof of payment.

(III) A tenant that deducts rental payments over two or more rental periods pursuant to subsection (1)(c)(I) or (1)(c)(II) of this section is only required to provide one notice to the landlord of the tenant’s intent to deduct rental payments.

(IV) If a tenant wrongfully deducts a rental payment by not substantially complying with the requirements of this subsection (1)(c), a landlord may pursue any legal remedy available under law. If a court finds that the tenant purposely deducted a rental payment in bad faith, the court shall award the landlord damages equal to double the amount of money unlawfully deducted.

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11 Colo. Rev. Stat. § 38-12-507(1)(b)

(I) A tenant may terminate a rental agreement without any liability or financial penalty to the tenant if a condition that caused a breach of warranty of habitability recurs within six months after the condition was originally remedied or repaired and the tenant, within thirty days after the condition recurs, provides the landlord:

(A) At least ten days’ written notice that states the same uninhabitable condition has recurred; and

(B) The date that the tenant intends to terminate the rental agreement and vacate the dwelling unit, 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)(b)(I)(B) 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 rental agreement and continue the housing arrangement under the landlord and tenant’s existing rental agreement.

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12 Colo. Rev. Stat. § 38-12-104(3) & (4) (2022)

[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[.]

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13 Colo. Rev. Stat. § 38-12-509(1)

A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant:

(I) Having made a good faith complaint to the landlord, to a nonprofit organization or third party, or to a governmental agency alleging a condition described by section 38-12-505 (1) or any condition that materially interferes with the life, health, or safety of the tenant;

(II) Organizing or becoming a member of a tenants’ association or similar organization; or

(III) Exercising or attempting to exercise in good faith any right or remedy afforded to a tenant pursuant to section 38-12-507.

(b) Prohibited retaliation includes:

(I) Increasing rent or decreasing services;

(II) Terminating or not renewing a rental agreement or contract without written consent of the tenant;

(III) Bringing or threatening to bring an action for possession;

(IV) Taking action that in any manner intimidates, threatens, discriminates against, harasses, or retaliates against a tenant; or

(V) Charging the tenant or seeking to collect from the tenant any fee, cost, or penalty.

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