Legal Question in Real Estate Law in Colorado

Can I terminate my lease

Am I able to terminate my lease due to the fact that the ceiling in my bedroom is about to fall down and has mold growing on the outside of it. My landlord knows about the problem and has not done a thing about it. Also, I believe that there is some sort of animal living above my ceiling, I am thinking that it is bats since there are bats that are living in our attic. This seems as though this is a health hazard and that I should not have to live in these conditions. So under all of the problems that I am having within my apartment am I able to terminate my lease.


Asked on 5/08/02, 7:40 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Can I terminate my lease

Your situation sounds like constructive eviction. Constructive eviction is where the landlord (LL) allows the property to fall in such disrepair as to make the place inhabitable. You may be able to break the lease for these reasons. You also may be able to have the problems fixed and then reduce your rent by that much. Whatever you do, you should continue to communicate with your LL and put your requests in writing, including your thoughts that this is constructive eviction or that you will fix this and take it out of rent. This should get the LL attention.

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Answered on 5/09/02, 4:16 pm


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