Legal Question in Real Estate Law in Colorado
Developer not fulling contractual obligations in condo sale
We recently bought a conversion property. On 8/26/00, our condo was burglarized and the security system that was stated to be in proper working order was painted over. They have not replaced the security system or doors to date. The old door was glued back together and repainted, which is not safe for two young girls to live in. Then the upstairs unit flooded into our apartment the same weekend. We have asked them to repair the damages and replace the door and security system. We would also like for them to pay our $500 dollar deductable. The construction people are not fixing the door and water damage in addition to a list of other things they were supposed to fix in a timely manner. We have sat in the condo for a week straight, and outside of business hours they refuse to work with our schedules. As a result, we cannot occupy the unit, are losing money daily, and are unsure what to do. After speaking with the construction manager, he yelled at me then hung up and told me I was paranoid. I simply stated the facts that the police gave us about our safety and did not think a working door and security system was unreasonable to have completed in two weeks. My main question is what do I do?
1 Answer from Attorneys
Re: Developer not fulling contractual obligations in condo sale
It is the landlord's responsibility to provide you with a suitable place to live which is safe, free from pests and untoward interference with your peaceful enjoyment of the premises.
His failure to do so provides you with a legal basis to declare the lease breached by the landlord and therefore void, freeing you to find more suitable accomodations. His failure to render the apartment suitable for occupancy is called "constructive eviction" in the law.
I would recommend you write him a certified letter, retain a copy, and enumerate the deficiencies in the apartment and your complaints. I would then move to another place. It would be wise to photograph everything that is wrong that can be photographed.
If he still owes you money, take him to small claims court if he doesn't take you there first.
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