Asked in Landlord - Tenant for Colorado

Q: I have notified landlord on black mold an I am getting headaches. Can they pay me out rest of lease?

I have been here for over 3 years. Water from the laundry room seeps into my bathroom an closet. Yesterday I found snakes in my bathroom and been wondering for weeks why I feel sick and it was so hot in my apartment. When I saw the snakes go into the closet crack... I notice water... The whole wall and floor were bubbled up. I pulled it back and from what looked like black mold was all over... the smell was bad. I have notified my landlord. I also let the landlord know months ago about a faulty wire in a ceiling fan which to me is a fire issue...broken dishwasher making it back up water into my kitchen floor and sink, along with moldy stale dirty water that sits in there... the whole apartment smells like a damp swamp. My bathroom sink also does not drain.... I tried to unclog but was not able. Aside from the other not as serious issues ... with the snakes and black mold... me having headaches etc. what are my options? I want out or hotel until fixed. This place too me is inhabitable.

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1 Lawyer Answer

A: When you say that you "notified" landlord, you need to be more specific. You should be sure to notify your landlord IN WRITING of any defects/damages in the rented premises that you believe Landlord needs to repair. This is a key requirement in your exercise of your tenant rights under Colorado's Warranty of Habitability. You can read more here: https://www.colorado.gov/pacific/sites/default/files/Attachment%205-Warranty%20of%20Habitability.pdf.

Note that the Landlord has a reasonable amount of time to correct the problem before they are in breach. The linked document also addresses your potential remedies/rights as a tenant if your landlord does not correct the problem.

Good luck,

Ashley Powell

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