Legal Question in Landlord & Tenant Law in Colorado

tenant landlord

In the State of Colorado can a tenant legally withhold rent if the landlord will not fix things. One example is the fridge. We requested it in writing multiple times and many voice messages.

There about 5 different issues they have not fixed in addition, those things have also been requested mutiple times. At this point I have mailed a letter stating I am withholding March rent for these reasons. There are some minor safety isssue also involved. Are we within our legal rights in CO? What would be now appropriate action?

Thank You. Char


Asked on 3/01/07, 2:33 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: tenant landlord

Morning,

Colorado, unlike some other states, does not recognize the withholding rent (or similar repair and deduct) right of tenants unless the landlord has a duty of repair and maintenance as stated in the lease. If you withhold rent, you will likely get a notice to pay as part of the eviction process.

Carefully review the lease to see if you have the right to repair. I would be surprised if that is a term. Here is a good overview http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=3767&Itemid=1406#Return.

Review the lease, learn the law on constructive eviction (start with Radinsky v. Weaver case) and contact an attorney if possible. Good luck.

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Answered on 3/03/07, 11:17 am


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