Legal Question in Landlord & Tenant Law in Colorado

You may have a right to claim that the premises are uninhabitable under Colorado law. Colorado adopted statutes providing for a warranty of habitability in residential premises. That statute states that a rental may be uninhabitable if it lacks various characteristics. If the premises �substantially lacks� certain characteristics or is "otherwise unfit for human habitation" you may be able to demand that the landlord remedy the problem. If the problem cannot or is not remedied then you may be able to terminate the lease and claim damages. In addition to being deemed unfit the problem must make the "materially dangerous or hazardous to the tenant�s life, health or safety." See CRS �� 38-12-501 et seq.

Because the law is fairly recent there is not much case law interpreting what is the statute means by a premises that is otherwise unfit for human habitation, but mold could be under that category depending on the facts and circumstances.

You must provide written notice of the problem to allow the landlord to attempt to remedy. There are various requirements to comply with under this act and all must be followed to the letter. Therefore, I would strongly recommend that you contact an attorney to advise you and the other tenants on your rights and the steps to exercise those rights.

DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.