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.
| Quick Facts | Answer |
| Landlord Responsibilities | Windows/Doors, Roof, Hot/Cold Water, HVAC, Plumbing, Electrical, Gas, Sanitation Facilities, Trash Can, Stairs/Railings, Floors |
| Time Limit for Repairs | 24 Hours or 96 Hours to Begin |
| Tenant Recourse Options |
|
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.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not addressed |
| RV parks | Not addressed |
| Mobile home parks | Not addressed |
| Condos | Not addressed |
| Hotels/Motels | Not addressed |
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.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Yes |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Yes |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Yes |
| Ensure that any stairs and railings are safe. | Yes |
| Ensure that all floors are in good condition and safe. | Yes |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Yes (if already provided) |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | No |
For a property to be uninhabitable, the premises must be deemed as unfit for human habitation, or it has to materially interfere with 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.
Repairs, Recourse & Retaliation in Colorado
If a rental property is in violation of the implied warranty of habitability in Colorado, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
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 within 24 hours to provide the tenant a timeline for repairs.
If the landlord doesn’t reply, or doesn’t begin repairs promptly (within 24-96 hours, depending on the issue), the tenant should submit a written (not electronic) notice of breach, which gives the landlord five business days to complete repairs.
Renter’s Rights if Repairs Aren’t Made in Colorado
If a Colorado landlord fails to repair after proper notice about an issue, the renter must give the landlord a written notice of breach and wait five business days.
If repairs aren’t complete at that time, the renter can sue for lease cancellation or an order for repairs or compensation. The renter might also self-help for repairs and deduct the cost from rent. Withholding the entire rent isn’t allowed, however. Read More
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.
Colorado tenants can respond to landlord retaliation by suing to end the rental agreement. The tenant also can recover three month’s rent or triple the expenses associated with the retaliation (whichever is greater), plus court costs and attorney fees.
