The Colorado Revised Statutes Title 38, Article 12, Section 503 requires landlords to warranty the habitability of a rental property in the following manner:
Rental Agreement
In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation.
A landlord breaches the warranty of habitability in this section if:
- A residential premises is uninhabitable as described in the section Colorado Definition of Uninhabitable Rental Property or otherwise unfit for human habitation; and
- The residential premises is in a condition that is materially dangerous or hazardous to the tenant’s life, health, or safety; and
- The landlord has received written notice of the unfit, dangerous, or hazardous condition and failed to cure the problem within a reasonable time.
Note: Any agreement waiving or modifying the warranty of habitability shall be void as contrary to public policy.
Misconduct by the Tenant
When any condition described in this section is caused by the misconduct of the tenant, a member of the tenant’s household, a guest or invitee of the tenant, or a person under the tenant’s direction or control, the condition does not constitute a breach of the warranty of habitability. It is not misconduct by a victim of domestic violence; domestic abuse; unlawful sexual behavior, or stalking if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, or stalking and the landlord has been given written notice and evidence of domestic violence; domestic abuse; unlawful sexual behavior, or stalking.
Tenant Relocation
In response to the written notice sent pursuant to the Rental Agreement subsection of this section, a landlord may, in the landlord’s discretion, move a tenant to a comparable unit after paying the reasonable costs, actually incurred, incident to the move.
C.R.S. 38-12-503
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