Broomfield, CO asked in Landlord - Tenant for Colorado

Q: Colorado tenant laws and what to do

So my family just moved into out first apartment we have been leased for 3 weeks. We still don't have a working stove the toilet doesn't really flush and it looks like blood splatter and matter on our ceiling iand one of the light switchs I assume it was a suicide. It was a immediate move in and it looks like they tried to cover things up but did a poor job. I have 2 kids and to me this is very mentally disturbing what can I do

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1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
Answered
  • Licensed in Colorado

A: If you are referring to a cooking stove, the you should probably start by reviewing your lease to determine whether landlord has the duty to repair/maintain any appliances, including the stove. If you believe your landlord has a duty to maintain it, you should report the problem in the manner required by the lease (always best to have it in writing). If you are referring to a stove that is your main source of heat, then that may be a warranty of habitability issue; see below.

As for the plumbing and possible health concerns relating to blood, etc., these items might rise to the level of violating landlord's warranty of habitability. This pdf may be a helpful resource in understanding the basics of that duty: https://www.colorado.gov/pacific/sites/default/files/Attachment%205-Warranty%20of%20Habitability.pdf

If you believe that the plumbing is not in proper working order or you believe the cleanliness of the place poses a threat to your health (or if you believe the landlord has failed in any of the other areas covered by the warranty of habitability), then you may want to provide your landlord with written notice that specifically identifies the issues that you believe need to be fixed pursuant to the warranty of habitability. Your landlord then has a reasonable amount of time to fix the issues. If the landlord does not, you may want to consult an attorney in your area to confirm that you are on solid ground to break the lease or stop paying rent (both of which expose you to damages claim by the landlord if done without proper justification).

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