Q: Hello, Is this a breach of Colorado's Warranty of Habitability law?
I have expressed concern about the lighting in my house to my landlord a few times dating back to 8/15/22. I have sent out one text message, a call and an official request to be it done through her website. She has been completely unresponsive. The lights have been flickering constantly and dimming as well. I have videos of this and screenshots of my attempts to contact her. On top of this, it completely fried my $600 electrical smoker.
A:
Afternoon,
Colorado’s warranty of habitability statutes can be found at C.R.S. 38-12-501 TO 38-12-511.
In short, Colorado’s warranty of habitability statutes requires landlords to address conditions that materially interferes with the tenant’s life, health, or safety. What falls under this definition can vary. See C.R.S. 38-12-503. A key aspect of the statute is the requirement for the tenant to provide the landlord with the proper notice.
In addition, the legislator has seen fit to enumerate various situations that constitute uninhabitable conditions. See C.R.S. 38-12-505. Of particular interest to your situation is C.R.S. 38-12-505(1)(b)(VI) A residential premises is deemed uninhabitable if It substantially lacks electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order.
Although this is not the proper forum to say if this situation does or does not breach the warranty of habitability, I do recommend that you talk to an attorney.
Sincerely,
Michael Larranaga, Esq.
Visit https://www.larranagalaw.com/
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