Warranty of Habitability

A common issue handled by pro bono attorneys deals with Landlord-Tenant law.  In Colorado, the Landlord and Tenants owe certain duties and rights to one another.  To protect tenants from scrupulous landlord practices, Colorado has enacted a "Warranty of Habitability".  The warranty imposes certain obligations and rights upon the landlord, and provides remedies if the landlord violates these rights. 

The Warranty of Habitability can be found at C.R.S. 38-12-503.  In every rental agreement, the landlord warrants (or guarantees) that the premises is fit for human habitation.  The landlord breaches this warranty if the residence is uninhabitable or unfit for human habitation, and the condition of the premises is materially dangerous or hazardous to the tenant's life, health, or safety.  Additionally, and very importantly, the landlord will only be in violation of the warranty of habitability if the landlord has received written notice of the condition and has failed to cure the condition within a reasonable time. see C.R.S. 38-12-503(2).  

What constitutes "uninhabitable" for purposes of the Warranty of Habitability is defined by statute, and the premises is deemed "uninhabitable" only if it meets one of these statutory definitions.  The term "Uninhabitable residential premises" can be found at C.R.S. 38-12-505, and the residence must be substantially lacking any one of the following characteristics: 

• Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;
• Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
• Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
• Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
• Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;
• Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin; 
• Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
• An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair;
• Floors, stairways, and railings maintained in good repair;
• Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; or
• Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant's life, health, or safety.