Warranty of Habitability

What is the Warranty of Habitability?

Every landlord is required to fulfill certain requirements that make the rental property fit for human habitation under Colorado law (Colorado Revised Statutes § 38-12-503).

When is a Landlord in Breach?

A landlord is in breach of this Warranty of Habitability if the premises substantially lacks any of the following (CRS § 38-12-505):

• Waterproofing and weather protection — Roof and exterior walls maintained in good working order, including unbroken windows and doors
• Plumbing or gas facilities — Conformed to applicable law at time of installation and maintained in good working order
• Running water and hot water — Reasonable amounts at all times, furnished to appropriate fixtures and connected to an approved sewage disposal system
• Functioning heating facilities — Conformed to applicable law at installation and maintained in good working order
• Electrical lighting — Wiring and equipment conformed to applicable law at installation and maintained in good working order
• Clean common areas — Areas under landlord control kept reasonably clean, sanitary, and free from debris, filth, rubbish, and garbage
• Pest control — Appropriate extermination in response to infestation of rodents or vermin throughout the premises
• Garbage receptacles — Adequate number of appropriate exterior receptacles in good repair
• Structural integrity — Floors, stairways, and railings maintained in good repair
• Security — Locks on all exterior doors and locks or security devices on openable windows maintained in good working order
• Code compliance — Compliance with all applicable building, housing, and health codes that would otherwise constitute dangerous or hazardous conditions

Additionally, the residential premises must be in a condition that is materially dangerous or hazardous to a tenant's life, health, or safety, AND the landlord must have received written notice that the premises is uninhabitable and has failed to cure the problem within a reasonable time.

Exceptions to the Warranty

• If the uninhabitable condition is the result of domestic violence or abuse upon the tenant, and the landlord has been given written notice and evidence of the abuse.
• If the uninhabitable condition is the result of a casualty or catastrophe to the dwelling unit, the landlord may terminate the rental agreement without further liability.

Tenant Remedies

If the premises become legally uninhabitable based on the above criteria, the tenant may have several options:

• Terminate lease
• Injunctive relief — Repairs required by court order
• Defense to nonpayment of rent
• Damages claim — Rent reduction and other expenses