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Question: My daughter signed a lease for an apartment in Denver site unseen. When she arrived today she found that the apartment does not even have heat. Is there anyway she can break the lease and get her first and last months rent returned. She believes the apartment to be uninhabitable and is staying tonight in a hotel.
Response: Yes, she can break the lease by sending a written notice of termination of the lease to the management immediately because the apartment has breached the lease agreement by not providing heat to the premises and request that her advance rents and deposits be returned to her immediately. See Colorado Revised Statutes Sections 38-12-503, 38-12-505, and 38-12-103.
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