Q: my landlord promised a working washer and dryer and now is refusing to provide these. what are my options?
The washer and dryer broke due to regular use. The company that my landlord leases them from broke an appointment time scheduled to fix them. I got into a verbal altercation with the company that leaves them to my landlord. The company came to remove the washer and dryer from my unit. Now my landlord is refusing to replace them. I have a verbal agreement with my landlord and in the condo listing it stated washer and dryer in unit. My landlord is now refusing to replace the washer and dryer due to the verbal altercation with the company she leaked the old ones from. I have text message proving she promised to have them fixed. I have been worth out a washer and dryer for 2 weeks now. is she obligated to replace them?
A: Generally speaking, a landlord probably has not obligation to provide a working washer and dryer in a rental. The lack of those appliances would probably not rise to the level of a violation of landlord's warranty of habitability under Colorado law.
If, however, your lease agreement (whether written or verbal) included a promise by a landlord to maintain and repair so that you always have a working washer and dryer (rather than simply telling you that you can continue using the ones there with no additional promise to keep them in good repair), then that is probably an enforceable promise against your landlord. On the other hand, you have a written lease that is silent as to the washer and dryer but says that any amendments to the lease must be in writing, then a verbal "promise" by your landlord may not be as clearly enforceable.
Basically, in matters of residential leases, most issues are determined by the terms of the lease itself. If you believe that your lease requires your landlord to fix/maintain the appliances, then you should carefully review your lease for your remedies when landlord is in violation of a lease provision. Most leases probably do not give tenant a right to withhold rent for this type of situation. It would be difficult to more accurately advise you on your options without a full review of your lease.
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