Aurora, CO asked in Landlord - Tenant for Colorado

Q: My landlord didn't tell me there was no heating system in my room or bathroom before I moved in. Can I break my lease?

She says no heating system can be installed and no portable space heater is allowed in my room. There is a heating system in the room (kitchen and living room) right next to my room. She says if I leave my bedroom door open and wear extra clothes, then I should be fine. However, the next room is not my private space and I definitely don't want to leave my bedroom door open. There are other issues with my landload. I have one-year lease with this place which will end on the 23rd of March, 2020. However, I'd really like to break my lease and move out if I could.

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1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Landlord Tenant Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: You may have a Warranty of Habitability issue. But, this will be very fact intensive.

The primary issue is whether or not your LL will pursue you for damages if you abandon the lease. It is unlikely to be a financially viable case for the LL.

1 user found this answer helpful

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