Denver, CO asked in Landlord - Tenant for Colorado

Q: I rent a townhome with 6 units, a shared attic. I had mice chew through the bedroom closet and desecrated my bedroom.

Property management put in the lease that I, the tenant, am responsible for rodents. This does not supersede the implied warranty of habitability, does it? I alerted them immediately, and they did not respond to me within 24 hours. Then when they did they denied getting an exterminator and told me it was my responsibility. I agree if I was responsible due to my negligence, but they are only in my upstairs bedroom and they chewed through the wall/baseboard. We have a common attic that is over six units. What can I do? what are my rights?

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1 Lawyer Answer
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
Answered
  • Landlord Tenant Lawyer
  • Parker, CO
  • Licensed in Colorado

A: I would say call an attorney.

Mice and rats could be a violation of the warranty of habitability. They are actually listed as one of the enumerated items if the infestation is bad enough. But you need to figure out if it qualifies, if it does then provide the proper notice, and so on.

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