Denver, CO asked in Landlord - Tenant for Colorado

Q: is a landlord responsible for fixing the walls and ceilings that are cracked and paint peeling off?

I just moved into a rental and when I did the walk thru all looked good. but after the first week, we had a small rainstorm and cracks started to appear in the ceiling and walls. I have informed the landlord as well as property management company to let them know of the issue and try to get repaired. I also would have asked questions about the cracks and obvious water damage. it wasn't in this condition when I did the walk thru. Now the property management company tells me that the house is settling. built in 1970 I think its settled as much as its going to. then I'm told the vibrations from the street in front of the residence is causing the issue. I feel like there is something more to the story and keep getting told the stupid answers. It seems the landlord has no morals in the situation, especially since he did the work. I signed a lease for the rental I did the walk thru on, not the cracking, peeling wall and ceiling rental I have now.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If I was to venture a guess, there is a problem with the roof (settling can--does occur--at anytime, but there is likely a correlation between rain and the sudden appearance of defect...). Structural defects aside, you have a couple choices. Option one, notify the landlord of the defect (which you already did) and wait for the fix. Option two, you can move towards terminating the lease early (note: you will have to wait for a reasonable time to pass in which repairs are not made before you can proceed)--you may need a lawyer for this. Option three, wait until the lease expires and not renew the lease.

As a aside, it would be a good idea to take pictures of the defects. This will protect you against the landlord later saying you were the cause and/or withholding the security deposit due to the cracking. The important part is to document and notify.

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