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N Cal Atty
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9177
Experience:  I've represented both landlords and tenants.
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I've been renting an artist studio where I work and live in

Customer Question

I've been renting an artist studio where I work and live in Denver Colorado. The building came with a waiver allowing a for a resident. The rent was raised in 2014 and I agreed to have my landlord bring in another tenant to share the space (helped me to keep cost down). The other tenant does not live here, I am the only one permitted to. It has not worked out well, because there is no separation between the work area and the Kitchen, bathroom, and entryway. I am often not allowed by my co-tenant to use any of the facilities (bathroom/kitchen) nor exit/enter when the other tenant is working (video recording). My landlord says that the Covenant of Quiet Enjoyment does not apply to this kind of rental agreement, neither does Warranty of Habitability and I just have to work it out with my co-tenants. He also said the other tenant has the same rights as me, regardless of me living there. So, as I sit in my office, hungry while holding my bladder, I wonder if I'm screwed?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  N Cal Atty replied 8 months ago.

I am sorry to hear this.

Your co-tenant has no right to exclude you from using the bathroom or kitchen when you need to. Your landlord said you both have the same rights, so you have the right to use the facilities when you wish, and your co-tenant can use the pause or stop button on the video camera if you are about to walk through a shot.

You can get a free consultation from some of the local landlord tenant attorneys listed here. My opinion is that the warranties of habitability and quiet enjoyment do apply to this rental, and I urge people never to take legal advice from their landlord.

I hope this information is helpful.