Denver, CO asked in Landlord - Tenant for Colorado

Q: I rent a townhome. I notified my landlords in writing about a mice infestation starting in June.

I notified my landlords in writing when I had caught 10 mice and found they were coming in through the actual structure. They have been lackadaisical in their response to the handling of this. The HOA is responsible for the outside and the exterminator has been very incompetent. I have stayed as I have made this my home, but I have had too much damage to personal property as well as the unsanitary conditions. I requested to not pay rent in lieu of actual damages. What are my rights and what can I do. This has gone on for 288 days. They have received 13,500 in rent from me, yet have not addressed my damages and relief. I know the CO statutes, but what else can I do. I now want to move but it would be over 3K, in addition to replacing furniture, food, and the disgusting nuisance of over 80 mice to date. I have full documentation in writing as well as over 200 pictures. I just asked them to come 2 days ago and have not acted upon the latest issues.

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1 Lawyer Answer

A: Can you force your landlord to pay for your actual costs of destroyed property? Maybe

Can you force you landlord to pay your costs of moving? Not likely

Can you terminate your lease based on the rodent infestation? Yes, you should review and follow closely the procedure set forth in the CO Warranty of Habitability. This is a very technical process so you might want to contact an attorney to obtain assistance and ensure that you have a solid defense to protect you from a landlords lawsuit against you.

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