Constructive Eviction in Colorado

In Colorado, landlords are obligated to keep their rental property habitable and to make sure every tenant has the ability to use and enjoy the property. When a landlord doesn’t do this and a tenant effectively has no choice but to leave the premises due to intolerable conditions, this may be considered a constructive eviction.

If a claim of constructive eviction in Colorado has created a dispute and you need an attorney, contact Flaxman Law Group at 970-999-0530. Our Denver offices serve the entire Colorado area, and our family-based team has more than 60 years of combined experience. Schedule a no-obligation consultation with our landlord-tenant attorney today to discuss ways to protect your rights.

Tenants can’t just claim constructive eviction or stop paying rent if they don’t like what their landlord is doing. Here are key elements that need to be present with constructive eviction:

• Substantial interference. For constructive eviction to apply, there must be a substantial interference with the tenant's use and enjoyment of the rental property. This typically arises from conditions that violate the implied warranty of habitability. For example, the landlord may fail to provide essential services like heat, water, or electricity, or there may be significant safety hazards, or unaddressed issues that make the property unlivable.
• Notice to landlord. The tenant should provide the landlord with written notice of the problem and a reasonable opportunity to remedy the situation. If the landlord fails to take action within a reasonable time frame, the tenant can then proceed with the next steps.
• Departure. If the conditions are not resolved and continue to make the property uninhabitable, the tenant may decide to vacate the premises. This decision to leave must be a direct result of the intolerable conditions, and the tenant should do so in a reasonable and timely manner. Before leaving the property, a tenant may want to speak to a Colorado landlord-tenant lawyer to make sure they are not surrendering any of their rights.
• Termination of lease. Constructive eviction can terminate the lease agreement, relieving the tenant of further rent obligations. In some cases, the tenant may seek a refund of rent already paid for the period during which the property was uninhabitable. In some situations, a tenant may also decide to pursue a legal claim against the landlord for any damages suffered.

Both landlords and tenants have rights in a situation involving constructive eviction. Tenants have the right to a habitable property and have remedies if the landlord fails to meet their obligations. However, the tenant may also need to present evidence of unlivable conditions and the landlord's failure to address them.

The landlord has the right to collect rent as long as they maintain their end of the lease agreement. They have the right to defend themselves against claims of illegal eviction and other wrongdoings.

Constructive eviction is a complex legal concept, and its application can vary depending on specific circumstances. Tenants and landlords who are facing this situation should consult with an attorney experienced in landlord-tenant law to understand their rights and options.

If you need an attorney, you can reach the family-based law firm of Flaxman Law Group for a consultation with Steven Flaxman, a landlord-tenant lawyer. The number for our Denver offices is 970-999-0530. Our clients rely on our more than 60 years of combined experience and our compassionate approach to every client to help them navigate difficult situations.