Evicting a tenant in Colorado is much more complicated that most people think.
Under Colorado landlord laws, there are two key rights that a renter is provided and must be provided prior to any eviction process.
Quiet enjoyment is a resident’s right to the undisturbed use and enjoyment of the rental unit. This means a tenant can expect that their lease grants them a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. In the absence of a term in the lease agreement that explicitly provides for a warranty of quiet enjoyment, courts will typically read such a provision into the contract.
In exchange for rent, a tenant gets the following rights:
With that said, it doesn’t supersede a landlord’s right to enter the property with proper notice or in emergencies, conduct showings, or make repairs in a reasonable manner.
…it doesn’t supersede a landlord’s right to enter the property with proper notice…
A landlord must provide a rental property that is habitable. A renter is entitled to presume that the unit is warranted as being habitable. In plain English, the unit must be safe, in working order and be safe through the term of the lease.
A unit is habitable if it has:
A landlord breaches the warranty of habitability if one or more of the above conditions exist and
If a tenant believes that the landlord has failed to provide a habitable rental unit, they can seek to have it remedied under Colorado landlord tenant law by:
"Upon no less than ten and no more than thirty days written notice to the landlord specifying the condition breaching the warranty of habitability and giving the landlord five business days from the receipt of the written notice to remedy the breach, a tenant may terminate the rental agreement by surrendering possession of the dwelling unit if the condition is not remedied or damages paid. In addition, the tenant may sue for damages or an injunction, or withhold rent until the necessary repair is made."
A renter has clear rights to expect two important guarantees in the signing of a lease. Renters need to understand these Colorado landlord tenant rights and know how to seek remedy if they believe the landlord has violated them.
Get a better understanding of Colorado Landlord-Tenant laws in this resource.
Topics: Colorado Landlord Tenant Law
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