Q: Our landlord won't pay for a hotel but our house is unlivable - what are my options?
I came back into town from a trip and our swamp cooler had leaked everywhere. They are working on fixing it all but the house is unlivable due to the sitting water and mold that resulted (not to mention the house smells horrible). We have to stay in a hotel in the meantime (we have been moving hotels to keep the costs low) and while the landlord is waiving our rent for these days, he will not cover our hotel. We have nowhere else to go and cannot afford to pay for the hotel. Shouldn’t he (or his insurance) be responsible to pay this? (Denver, CO)
A:
Colorado does have a warranty of habitability that, if applicable, could allow you damages in addition to reduced rent. To exercise your rights, you need to give written notice and generally allow landlord reasonable time to fix. You can read more about this specific set of rights here: https://www.colorado.gov/pacific/sites/default/files/Attachment%205-Warranty%20of%20Habitability.pdf
You may be able to pursue this on your own through small claims court. You could also have an attorney (probably a landlord-tenant or plaintiff's attorney) review all the underlying facts and advise you whether they believe you have a claim against landlord for your hotel, etc. expenses.
But there may not be enough info here to give you a satisfactory answer. Was this all landlord's fault? Landlord's negligence in fixing it at the first signs of problem about which you notified them? Does the lease require landlord to keep a certain type of insurance that would reimburse you for hotel rooms in this situation? Stuff breaks sometimes. If your landlord is attempting to fix it in a reasonable time after you informed him, then he may be doing all that is necessary. His reducing your rent is a pretty good sign that he is trying to do the right thing. Does your lease say that landlord has to pay for a hotel in addition to waiving your rent? Does your lease require you to have renter's insurance? Do you have it? Does it cover this type of damage?
Sounds like a tough situation. Best of luck.
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