Implied Warranty of Habitability in Colorado

What do landlords owe their tenants? What makes a property inhabitable and reasonable? Unfortunately, in Arvada, Canon City, Denver, and across Colorado, many landlords and tenants disagree about what is legal and reasonable. Fortunately, the state has laws to help both tenants and landlords.

Read on to find about the implied warranty of habitability in Colorado, including what it means for both tenants and landlords. If you’re facing a landlord-tenant dispute over this or any issue, contact the Denver offices of Flaxman Law Group at 970-999-0530 for a consultation. Our family-based law firm is here to help.

Every residential lease in Colorado includes a warranty known as the “implied warranty of habitability,” even if it is not explicitly outlined in the lease agreement. This implied warranty means that all Colorado landlords are required by law to maintain in their rentals in reasonable conditions that are “fit for human habitation.” This may mean rentals must be:

• Safe and sanitary. The rental unit must be free from conditions that could endanger health or safety. This means the property should have basic structural integrity and should be free from obvious sanitary and safety issues, such as pests, exposed wiring, and mold.
• Provided with basic amenities. This should include heating, hot water, plumbing, electricity, and a working toilet.
• Compliant with local building codes. The property must meet safety and building code standards set by local authorities.

• Keep the rental property properly maintained and in good repair.
• Provide and maintain essential services like heating, hot water, and electricity.
• Keep the property in compliance with local building codes and health regulations.

Here’s a common scenario that can lead to a landlord-tenant dispute: A tenant may report an unsafe condition that seems to violate the implied warranty of habitability in Colorado. However, the landlord may claim the condition is caused be tenant damage and is the landlord’s responsibility. Or, the landlord may claim that the issue is minor and not covered by the implied warranty of habitability in Colorado.

We recommend arranging a no obligation consultation with a Colorado landlord-tenant dispute lawyer at Flaxman Law Group. The reality is that implied warranty of habitability in Colorado and other legal concepts are complex, and working with an attorney can help you get the facts. A lawyer also looks out for your best interests and can work to prevent an escalation of a dispute.