Virtual Pro Se Clinic Checkerboard
Tenants' Relief
What can I do if the landlord does not fix the unsafe condition?
OPTION 1: End your lease and move out
​By this point, you should already have contacted your landlord in writing to tell them about the problem. If the landlord hasn’t responded by the time they were required to (either 24 or 72 hours), or they haven’t fixed the problem within the required timeframe (either 7 or 14 days), contact the landlord again in writing. Your text/email/letter should include the following:
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Your name and address
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What the condition is that still hasn’t been fixed (even if you think they already know)
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That you intend to end your lease on a specific date (any date between 10 and 60 days from the date of the notice) if the repair is not made within 10 days from the day the landlord got the notice.
If the landlord does not make the repair within 10 days, you can’t end your lease because of the repair issue. If they do not fix the problem, you can move out on the date given in your notice.
Once you say you are going to end your lease and move out, you are stuck with that decision unless you and your landlord agree in writing to stay instead. If you do not move out as you said and the landlord does not agree to you continuing to stay, the landlord can evict you.
You also have the option to end the lease if there’s an issue that your landlord addressed once, but which came back a second time within 6 months after it was initially resolved (aka a recurring condition). In that case, you can contact your landlord in writing and let them know the problem has come back, and that you plan on moving out unless they fix it. You must contact them within 30 days of the issue returning. You must also give the landlord at least 10 days to make the repair. If you’re satisfied with the repair, you and your landlord can agree to rescind the decision to move out—but if the landlord doesn’t agree to let you stay, they can evict you.
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Reoccuring Condition - Fixed and Came Back
​Note: Option 1 can be very risky.
If your landlord sues you later for breaking your lease, you could be found to owe them rent if you missed a step or did this incorrectly.
OPTION 2: Contact the Health Department and/or your local government agency that enforces building codes.
If the repair issue makes your rented space dangerous to your health or the health of your family, you can call your local health department. If the issue involves problems with heating, plumbing or electrical wiring, you may call your local government agency that enforces building codes. Tell them what your problem is and ask them to inspect the building. They will send an inspector to inspect the building. If conditions violate the health or building codes, they will notify the landlord to make the needed repairs. The landlord will have to make the repairs or pay a fine. However, if the conditions are very bad, the inspector may condemn the property. In that case, you would have to move.
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Option 3: Sue your landlord.
You can start a lawsuit in the County or District Court to seek (a) monetary compensation and (b) a court order requiring the landlord to make necessary repairs, known as injunctive relief. If you solely wish to pursue monetary damages, you can take your case to Small Claims Court for the losses incurred due to the landlord's failure to make those repairs. For instance, if your property was damaged or you incurred medical expenses, you can claim those costs. It is crucial to provide evidence demonstrating the harm you suffered and its connection to the landlord's negligence in making repairs when seeking compensation in court.
Option 4: You can deduct rent for repairs
The law outlines a clear for tenants to deduct repair costs from their rent, allowing them to hire a professional for the work. However, tenants are not permitted to make the repairs themselves or deduct the rent. This process can be complex, and there are serious consequences for any mistakes made. If you are considering this option, it’s advisable to consult with an attorney beforehand. See Colorado Revised Statute 38-12-507(1)(e).
Option 5: Use the landlord’s failure to repair as a defense in an eviction case brought against you by the landlord
If your landlord tries to evict you because of the damage or lack of repair issues or because you did not pay rent while there were habitability problems, you can defend against the eviction by raising the Warranty of Habitability issues as a defense.