Warranty of Habitability is a provision in Colorado tenant-landlord law that states that a landlord has a duty keep his rental properties livable (“fit for human habitation”) and making sure that all repairs are performed promptly. Most of the rules are common sense, but historically tenants and landlords have frequently disagreed as to what constitutes habitability. As a corrective, Colorado legislators came up with more concrete guidelines as to what constitutes “fit for human habitation”. These, among others, require that landlords are to make sure that:

• There is hot and running water
• The trash is disposed of properly
• The sewage system is maintained
• There are no leaks in the roof
• The building is safe, and free from vermin.

Landlords are, thus, responsible for addressing usual wear and tear, and replacing things which have broken permanently. They are not however responsible for damage done by tenants. If the stove is old and breaks down, it is  the landlord’s responsibility. If the tenant breaks a window, it is their responsibility. There is one significant proviso that makes the landlord responsible for damage done by a tenant, and that is domestic violence. If a husband throws a lamp at his wife and it breaks a window, the landlord is responsible, like it or not. Common areas should be kept clean,  but some deficiencies–like inadequate heating in common areas–should not pose a problem. Only if the condition of the common areas affects the tenant’s use of their own apartment would it be considered grounds for withholding rent.

“Failure to make a repair” can be grounds for a tenant to stop paying rent, but they must take certain steps. First they must give a written notice to the property manager of what needs to be fixed, which the landlord must address within five days. If he fixes it during that period, problem solved. If not, the tenant may then give written notice that they are vacating the apartment within the next 30 days. If the landlord then sues for eviction, the tenant may use failure to make a repair as their grounds for non-payment, but they may only do so if this is the sole grounds for eviction. If non-payment is the only grounds, recent changes to Colorado’s Warranty of Habitability law require that the tenant pay the rent to the court when they answer the eviction suit. If they do not do so, the court will consider the tenant in default.

Tenants  have responsibilities as well. They must maintain the property and abide by general health standards during the time of their occupancy. Any damage incurred to a property that is caused by the misconduct of the tenant or her guest is the responsibility of the tenant. One of the stickier points arises from the issue of negligence. What happens if a tenant accidentally breaks the stove? Well, the security deposit is, among other things, a damage deposit, and the law states that funds may be withheld due to ” damages to the premises beyond normal wear and tear,” but you might not be able to count on that. Better talk to a lawyer .