Colorado Habitability Laws

Last Updated: June 23, 2022 by Elizabeth Souza

In Colorado, a landlord’s obligation for providing a habitable living space is primarily governed by CRS §38-12-503. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Applicable Dwelling Types in Colorado

The implied warranty of habitability in Colorado does not apply to all types of dwellings. See the table below for which are and aren’t included.

Mobile homes have their own laws and are not addressed in this article.

Landlord Responsibilities in Colorado

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Colorado, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

For a property to be unhabitable, the premises must be deemed as unfit for human habitation, or it has to materially interfere to the tenant’s life, health or safety. There should also be no deficiencies in the common areas of the premises.

Mold

In addition to the above, Colorado landlords are required to ensure that there is no mold on the rental property and that there are no conditions that cause continual dampness in the rental property. If there is mold associated with dampness that would materially interfere with the health and safety the property could be deemed as uninhabitable if the landlord does not mitigate the risk by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device within 96 hours of receiving written or electronic notice.

Pest Control

Landlords are required to provide appropriate extermination services whenever they become necessary.

Security

Finally, Colorado landlords must provide working locks for all exterior doors and working locks or security devices must be provided for all windows that open.

Tenant’s Right to Repairs in Colorado

Landlords are required under Colorado law to make repairs and do what is necessary to keep the property in a fit and habitable condition.

• Sending Notice – The tenant must send a written notice regarding any habitability issue. The landlord is given 24 to 96 hours to respond and make the repair. If the landlord fails to make necessary repairs within the time frame given by law, the tenant must send a second notice. The landlord must provide an estimate cost of repair within 96 hours upon receipt of the second notice. Failure to do so allows the tenant to take matters into their own hands.
• Landlord Access – Unless addressed in the rental or lease agreement or stated in the written notice, tenants are not required to give landlords access to the property, not even to make necessary repairs.

Tenant’s Options if Repairs Aren’t Made in Colorado

If repairs aren’t made within 24 hours where the condition materially interferes with the life, health, and safety of the tenant or 96 hours where the premises is deemed unfit for human habitation, the tenant has a few possible options for resolving the issue.

1. Withhold Rent – Under Colorado laws, the tenant has the right to withhold rent if the landlord fails to make repairs in a timely manner.
2. Repair and Deduct – If the rental property is a single-family home and the landlord did not receive any subsidy from the government, the landlord and tenant may agree (in writing) that the tenant shall perform repairs and bring the premises to habitability. The tenant shall inform the landlord at least 10 days prior to the repair and the tenant is allowed to deduct from one or more rent payments to cover the total repair costs.
3. Substitute Housing – Tenant is also entitled to a comparable dwelling or a hotel room, as selected and paid for by the landlord, while habitability issues are being resolved. The tenant is still responsible for the rent.
4. Lawsuit – Tenants may file a claim in court to recover damages if landlord fails to take care of important repairs.
5. Reporting to Public Officials – Landlords can be reported to a government authority in the event of any building or health code violation.

Landlord Retaliation in Colorado

Landlords cannot retaliate against a tenant who has requested that necessary repairs be made. Colorado tenants have the right to

• File an official complaint to a Government Authority about a building or health code violation.
• Join a tenant’s organization or joining a tenants’ union.
• Withhold rent.
• File an action against the landlord in the appropriate court.

Retaliatory actions by the landlord include:

• Increasing the rent.
• Threatening to remove or evict the tenant from the property.
• Decreasing essential services such as gas or water supply.
• Refusing to perform necessary maintenance and repairs.
• Removing tenant’s possessions from the property.
• Changing the locks to the unit or property.
• Harassing the tenant in any means.

Under Colorado state law, these acts of retaliation are considered illegal.

Sources

• Colorado General Assembly, “Residential Tenants Health and Safety Act.”
• New Warranty of Habitability law includes many changes