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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have been without water days now. I have had to buy

Customer Question

I have been without water for 8 days now. I have had to buy drinking water and take showers at the truck stop. My landlord keeps telling me to keep cycling the well so that it clears up which I have been doing except the well keeps running dry.
What our my rights and options at this point.
You may email me back at***@******.*** or call me at(###) ###-####
Thank You
***** *****
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the landlord is unable to provide a source of water for the dwelling that you can access, then that would make the property uninhabitable under CO law, (CO Statutes 38-12-505). It states:

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"(1) A residential premises is deemed uninhabitable if it substantially lacks any of the following characteristics:

(a) Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;

(b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;

(c) Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;""

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So with that said, the landlord is in breach of contract and you could stay at a hotel until repairs are made and then sue the landlord for the cost under a breach of contract claim in small claims court.

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Or you can terminate the tenancy if you choose with ten days notice giving the landlord 5 days to cure the problem and then sue the landlord for your costs of having to move somewhere else.

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So the landlord is completely in the wrong here and you have your choice of options as to how to hold them responsible.

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thanks

Barrister

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