Colorado Springs, CO asked in Landlord - Tenant for Colorado

Q: If a tenant signs a lease, but upon inspection of the property finds it to be disgusting, can they reject possession?

A tenant signed an agreement then inspected a college apartment that already housed several other college aged men. He found the residence to be gross and refused to move in/take possession. Can he do this? What happens to his security deposit? Is he responsible for future rent if he never took possession?

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

A: A lease agreement is not unilaterally terminable by one party and does not require a tenant to take possession to be enforceable.

If you are the landlord you need to handle the Sec Dep per the Colo Sec. Dep Act to prevent 3x damages.

If you are the tenant you should consider the process outlined in Colo Warranty of Habitability if you wish to terminate your lease agreement.

Good Luck!

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