Q: Do I need a lawyer for this eviction?
We paid all deposits except pet deposit of $250 but we found out upon moving in that basement was flooded months before and heater is shot. Still have not replaced heater and have sent eviction notice for pet deposit not being paid. Will pay deposit upon arrival and installation of new heater. We have been in this new house since first of May? Do we have a case??
A: Maybe. Whether you have a case depends on the circumstances of the written lease, and the negotiations leading up to it, including whether payment of the pet deposit was conditional upon the Landlord's repairs to the property. Note that Colorado has codified the "warranty of habitability" which requires that the unit be habitable, and that the heating facilities be in good working order. (See C.R.S. 38-12-503). Most of the time, written notice to the landlord is required to invoke this statute, but these conditions must generally be met before the tenant moves in. You options under the statute may also be limited to moving out without payment of penalties. Good luck.
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