Q: Can I get out of my lease early if my landlord has large trash that hasn't been picked up in over a month?
Someone dumped a hot tub at the dumpster of my complex. It's been there for over a month. Now there are couches and people are starting to throw trash in the hot tub. It stinks, it's an eyesore and isn't safe or sanitary. I asked my landlord almost a week ago to remove the trash. There are also other tenants that have left notes on the door of the leasing office, etc. At what point, if it all is the landlord breaching the lease? If they are, can I get out of my lease free? What steps would I take to get the process started?
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- Colorado
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A:
If the trash is creating a health and safety problem then it may raise a warranty of habitability issue.
In short, if the condition creates a material threat to the tenant's health and safety there are certain situations where the tenant can demand the issue be repaired and if not repaired terminate the lease under the statute. But you need to provide proper notice and ensure the situation qualifies.
I would reach out to an attorney to discuss this.
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