Brighton, CO asked in Real Estate Law and Landlord - Tenant for Colorado

Q: Landlord won't fix appliances; threatened if we don't like it to find another place to live. Can we terminate early?

1 Lawyer Answer

A: You're going to hate the answer: it probably depends. There are many things that landlord may be required to fix simply to satisfy his warranty of habitability--to provide you with a safe place to live. With respect to many appliances, however, landlord's obligation is probably defined by the lease. So, the likely answer to your question probably depends on you reading the specific provisions of the lease that address the appliances. Some houses and apartments are rented out without (at least some) appliances, and the tenant is responsible to provide appliances. Others are rented out with existing appliances, but the landlord says they are there "as-is" with no obligation to maintain them. Still other landlords may agree to service and maintain the appliances, because they realize that working appliances make the rental unit more attractive to prospective tenants.

If your lease does require landlord to repair the appliances, your next step (assuming you've already pointed out the applicable lease language and landlord still said "deal with it") may be to read the lease for your rights in the event of a landlord default. Does the lease discuss the right to self-help (maybe fix them yourself and then reduce the rent by that amount) or early termination? If so, be sure to follow the steps and requirements of the lease when exercising those rights.

Ashley

https://powellplanning.com/real-estate

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