Landlord Won't Make Repairs in Colorado: What Can I Do?

What your landlord has to fix

1. 1

   Colorado law gives every renter a promise called the warranty of habitability (a promise that your home is fit to live in). Your landlord must keep your home fit to live in for as long as you live there.

   Source:

   1. § 38-12-503(1), Colorado Office of Legislative Legal Services. Law.
2. 2

   Colorado law lists things your home must have to be fit to live in. This includes working heat, running water, and hot water. It includes working wiring, plumbing, and gas lines. It includes pest control and working locks on doors and windows. It also must meet building, housing, and health codes when breaking them puts your health or safety at risk.

   Source:

   1. § 38-12-505(1)(b), Colorado Office of Legislative Legal Services. Law.

Ask in writing

3. 3

   Tell your landlord about the problem in writing, such as a letter, text, or email. Under Colorado law, your landlord is on notice once there is any writing that shows the problem exists or may exist. This can be a notice you send or your written messages with maintenance staff.

   Source:

   1. § 38-12-503(3)(e), Colorado Office of Legislative Legal Services. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

   Tip.

   Take photos of each problem, with the date. Take more if it gets worse.

4. 4

   Once your landlord has notice of a problem that materially interferes with your life, health, or safety, your landlord must act fast. Your landlord must start fixing it within 24 hours.

   Source:

   1. § 38-12-503(2)(b)(I), Colorado Office of Legislative Legal Services. Law.
5. 5

   Once your landlord has notice of another problem that makes your home not fit to live in, your landlord must act. Your landlord must start fixing it within 72 hours.

   Source:

   1. § 38-12-503(2)(b)(I), Colorado Office of Legislative Legal Services. Law.
6. 6

   If you ask for it, your landlord must give you a copy of any record, notice, or document about a repair problem. Your landlord must do this within 10 calendar days after you ask.

   Source:

   1. § 38-12-503(5)(c), Colorado Office of Legislative Legal Services. Law.

If it is still not fixed

7. 7

   If your landlord does not fix a problem the law requires, you can pay a licensed or qualified worker to fix it. You can then take the cost off your rent. First, give your landlord written notice of your plan. You must give this notice at least 10 days before you hire the worker. You may give just 48 hours' notice if you believe, in good faith, that the problem seriously threatens your life, health, or safety. If you skip these steps, your landlord could take you to court over the money you took off.

   Sources:

   1. Our editorial rules.
   2. § 38-12-507(1)(c)(I)(A), Colorado Office of Legislative Legal Services. Law.
8. 8

   If you take a repair cost off your rent without following the required steps, your landlord can take legal action against you. If a court decides you did this on purpose and in bad faith, you must pay your landlord double the amount you took off. For example, if you took off $200, you must pay back $400.

   Sources:

   1. Our editorial rules.
   2. § 38-12-507(1)(c)(IV), Colorado Office of Legislative Legal Services. Law.
9. 9

   You can sue your landlord in court for not keeping your home fit to live in. If you win, the court can order your landlord to pay you money for your losses. This can include the drop in your home's rental value while it was not fit to live in. The court can also order your landlord to pay your court costs and reasonable lawyer fees.

   Sources:

   1. Our editorial rules.
   2. § 38-12-507(1)(d), Colorado Office of Legislative Legal Services. Law.
   Money is not automatic.

   Where this page says a court can award you money, you get it only if you win your case and your landlord pays.

   From Colorado Judicial Branch.
10. 10

    Your landlord cannot punish you for a good faith complaint about a broken or unsafe home. Punishing you can mean raising your rent or cutting your services. It can mean ending your lease without your permission. It can mean threatening to evict you. It can mean charging you a fee or a penalty.

    Source:

    1. § 38-12-509(1), Colorado Office of Legislative Legal Services. Law.
11. 11

    If your landlord punishes you for a good faith complaint, the court must order your landlord to pay you money. The most you can get is 3 months of rent or 3 times your losses, whichever is more. The court also orders your landlord to pay your reasonable lawyer fees and court costs. For example, 3 months of $1,500 rent is $4,500. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. § 38-12-509(2), Colorado Office of Legislative Legal Services. Law.
12. 12

    If your landlord takes you to court to evict you or to collect rent you owe, you have an option. You can say your landlord failed to keep your home fit to live in. You can use this as your defense in that case.

    Source:

    1. § 38-12-507(2)(a), Colorado Office of Legislative Legal Services. Law.

Moving out

13. 13

    If your landlord does not fix the problem, you can end your lease without owing rent for leaving early. You must give your landlord written notice between 10 and 60 days before you plan to move out. The notice must say what is still wrong, that you plan to end the lease, and the date you will leave.

    Sources:

    1. Our editorial rules.
    2. § 38-12-507(1)(a)(I), Colorado Office of Legislative Legal Services. Law.
    Your landlord can sue you for the rent.

    If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.