Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I recently moved into a 2 bedroom apartment in Arvada, Colorado

Customer Question
and signed a 1 year...
I recently moved into a 2 bedroom apartment in Arvada, Colorado and signed a 1 year lease. The property management rep. deemed to warrant that the residence premises was fit for habitation and that there were no pest and rodent infestation, in regards ***** ***** move in date on May 16, 2015. After 39 pages of lease agreement paperwork and also given a Inventory and Condition form I paid the prorated rent amount, so called administration fee of 150.00. the property management rep. along with my co-resident, walk through together and keys were handed over. Welcome home I thought. 3 days after my in my co-resident as well as i were shock to find mice live as well as dead occupying our kitchen, living, floor heater, and unknown places in interior walls. upon a thorough and complete investigation and detailed completion of the inventory and condition form concerning the obvious misrepresentation of our lease agreement, i notified property management of all saftey and especially the health concerns taking picture as well as bring physical evidence of a dead rodent that we found while looking at the bottom / section of our refrigerator, along with mice droppings, nesting material , not to mention the decay matter which there are no words to describe. setting the evidence enclosed in a seal paper bag placing my request for replacement of rodent infested appliances, repair of wholes (rodent highways) in interior walls of the kitchen and living room. I't has been 5 weeks and have been promise that my issues would be resolved immediately do to the obivious health and safety concerns. I understand the concept of allowing A REASONABLE AMOUNT OF TIME FOR PROPERTY MANAGEMENT TO HONOR THEIR LEASE AGREEMENT. I sincerely ***** ***** criminal as well as, a gross misrepresentation of our lease agreement as well as , violating several , FAIR HOUSING LAWS/TENANT/LANDLORD LAWS OF THE STATE OF COLORADO. PLEASE ASSIST ME WITH ANY ADVISE, DIRECTION, AN ADVOCATE WHO CAN HELP ME TO FOLLOW-UP AND PROCCEED IN THIS VERY IMPORTANT MATTER. THANK YOU FOR YOUR TIME AND LEGAL KNOW HOW. SIGNED, RENTER REQUEST ASSISSTANCE
As proof that we have a serious tenant/ landlord issues that needs immediate attention
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 hours by:
6/29/2015
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Landlord-Tenant
Satisfied Customers: 3,012
Experience: Litigation Attorney
Verified
Before I answer your question, I would like to ask you a couple of things:Is there any language in the lease dealing with repairs or anything specific to rodents? Is there anything dealing with time frame for repairs?
Ask Your Own Landlord-Tenant Question
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Remember all language in the lease should apply (as long as it is not a provision against public policy), so read your lease first for language regarding pest control.
Generally, landlords do not have to make repairs unless there is:
(1) Defective and hazardous gas equipment
(2) Binding agreement by the landlord to repair
(3) Violation of the covenant of quiet enjoyment of the premises
(4) Repairs for common areas (e.g. walkways)
(5) Dangerous/hidden defects
C.R.S. 38-12-505 requires the landlord to have a duty to provide a habitable premise.
- Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
The covenant of quiet enjoyment protects a tenant’s right to the peaceable use and enjoyment of the premises. Thus, if a landlord fails to make repairs/maintenance and the conditions are so serious that they force the tenant from the premises, the landlord may be
liable for a “constructive eviction.” Other examples of things that may substantially interfere with a tenant’s right to quiet enjoyment include rodent infestations and broken plumbing. In such cases, the landlord may be liable for damages and the tenant may be able to terminate the lease.
Landlords can be held liable for dangerous/hidden defects/conditions of which the landlord knew or should have known. A landlord cannot hide or fail to reveal a dangerous condition that they have knowledge of or that the tenant will not discover. Additionally, a landlord may be held liable if they have agreed to make repairs, but their
failure to do so has resulted in injury.
The Warranty of Habitability Act Colorado adopted a Warranty of
Habitability Act in 2008 that encourages both Landlords and Tenants to maintain the quality of rental housing in Colorado. The Act holds both landlords and tenants accountable. The Act establishes legal protections for residential tenants if their home become uninhabitable as defined by the law. The Act also requires Tenants to use and maintain a rental property in a reasonably clean, sanitary, and safe manner, and holds Tenants responsible for intentionally
damaging a Landlord’s property.
Your legal remedies under the Act are only triggered after all of the
Act’s requirements have been met. Your rental must substantially lack
critical elements. For example, your rental must have deficient roofing, walls, windows, doors, floors, stairways, railings, locks, plumbing or gas facilities, water, heating, or electrical systems. Additionally, any deficiency in your rented unit must make your premises materially dangerous or hazardous to your life, health, or safety. You must provide your landlord with written notice of
any deficiency. If your rental is materially dangerous or hazardous,
and your landlord has failed to remedy such condition within a reasonable time after receiving written notice from you, only then
can you exercise the remedies provided for in the Act. Remedies
include injunction, lease termination, and rent abatement. Do not withhold rent on your own without 1) permission from your landlord or 2) an order from the court.
Here is the language of the statute:
38-12-507. Breach of warranty of habitability - tenant's remedies
(1) If there is a breach of the warranty of habitability as set forth in section 38-12-503 (2), the following provisions shall apply:
(a) Upon no less than ten and no more than thirty days written notice to the landlord specifying the condition alleged to breach 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 breach is remediable by repairs, the payment of damages, or otherwise and the landlord adequately remedies the breach within five business days of receipt of the notice, the rental agreement shall not terminate by reason of the breach.
(b) A tenant may obtain injunctive relief for breach of the warranty of habitability in any court of competent jurisdiction. In any proceeding for injunctive relief, the court shall determine actual damages for a breach of the warranty at the time the court orders the injunctive relief. A landlord shall not be subject to any court order for injunctive relief if the landlord tenders the actual damages to the court within two business days of the order. Upon application by the tenant, the court shall immediately release to the tenant the damages paid by the landlord. If the tenant vacates the leased premises, the landlord shall not be permitted to rent the premises again until such time as the unit would be in compliance with the warranty of habitability set forth in section 38-12-503 (1).
(c) In an action for possession based upon nonpayment of rent in which the tenant asserts a defense to possession based upon the landlord's alleged breach of the warranty of habitability, upon the filing of the tenant's answer the court shall order the tenant to pay into the registry of the court all or part of the rent accrued after due consideration of expenses already incurred by the tenant based upon the landlord's breach of the warranty of habitability.
(d) Whether asserted as a claim or counterclaim, a tenant may recover damages directly arising from a breach of the warranty of habitability, which may include, but are not limited to, any reduction in the fair rental value of the dwelling unit, in any court of competent jurisdiction.
(2) If a rental agreement contains a provision for either party in an action related to the rental agreement to obtain attorney fees and costs, then the prevailing party in any action brought under this part 5 shall be entitled to recover reasonable attorney fees and costs.
You may want go to small claims court if you have a claim against a landlord to recover money you are owed, such as a security deposit. Small claims court is a good avenue to take for simple claims and the court can only award up to $7,500. For claims that are worth more, you can either waive your right to the amount over the $7,500 that
you would be entitled to or you can bring the claim in another court. You do not need a lawyer to go to small claims court and there will be no jury trial. You will be given the chance to tell your side of the story to the judge/magistrate. Only certain types of claims
can be brought in small claims court: those for recovering money, property, performing contracts, enforcing restrictive covenants, etc. The statute of limitations (when the time to file your claim expires) will vary depending on your claim.
Most leases require 30 days notice before you move, but some require as much as 60 days notice. To avoid problems, make sure you know the notice you are required to give when you are ready to move out. To avoid misunderstandings and other problems with notices to the
landlord, you should always date any notice to the landlord, state the
date you intend to move, make a copy of the notice for yourself, and
personally deliver the notice, or send by certified mail, if possible.
Basically, if you haven't already, you need to give the landlord written notice of the infestation. By statute he has 10-30 days to repair the condition. Keep a copy for your records. If that has already happened then as you said, the landlord would have a reasonable time to fix the problem. Five weeks is not reasonable. Unfortunately Colorado does not have a repair and deduct statute that would allow you to repair the problem on your own and charge the landlord at another time. At this point you can either give the landlord notice terminate your lease because of uninhabitable conditions under C.R.S. 38-12-505. If you do give notice to terminate your lease and the landlord fixes the problem within 5 days and remedies the problem (eliminates the rodents and pays for any damages) then the lease will not terminate.
All forms and instructions can be found on the Colorado Judicial Branch website at:
http://www.courts.state.co.us/chs/court/forms/smallclaims/smallclaims.html.
See link for further info on tenant rights in Colorado:
http://portal.hud.gov/hudportal/HUD?src=/states/colorado/renting/tenantrights
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Ask Your Own Landlord-Tenant Question
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
I see you have reviewed my answer, please let me know if I can do anything further. Please positively rate my answer as it is the only way I will be compensated.
Ask Your Own Landlord-Tenant Question
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Is there anything I can do for a positive rating?
Ask Your Own Landlord-Tenant Question
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,012
3,012 Satisfied Customers
Experience: Litigation Attorney

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
People upstairs from me make an incredible amount of noise.
People upstairs from me make an incredible amount of noise . i complained to the leasing office more than 5 times but nothing happens. this is a luxury apartment building and i am paying a lot and fee… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Have a porters apt in my apt community. I would like to have
Have a porters apt in my apt community. I would like to have it occupied and have tenant clean laundry rooms in public areas for free rent in ct. is that legal? If so? What happens if they get injured… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,700 satisfied customers
Pennsylvania landlord tenant evection question. It's taking
Pennsylvania landlord tenant evection question. It's taking me to appeals court. Can I represent myself? What do I need to do to respond?… read more
Lori
Lori
Juris Doctor
312 satisfied customers
I am having issues with landlord retaliation. Michigan.
Yes issues with maintenance. When I requested repair the Lanlord became upset and now wants me to leave without giving me my security deposit. I have been residing at the house for less than 30 days. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I'm a Los Angeles based building manager needing to serve a
I'm a Los Angeles based building manager needing to serve a 3-day notice to a tenant who has not paid rent. Does the 3 days include today's date or do I start counting the 3 days starting tomorrow? On… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
Broeker I talk to you the other day about a landlord tenant
Hello this is Steven broeker I talk to you the other day about a landlord tenant question the tenants are brother came and look through all the stuff and didn't even want any of it gave me forty bucks… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I want to know if I have a legal case. I hired a property
I want to know if I have a legal case. I hired a property management company to handle my property. I gave them notice in Nov. that I wanted to terminate the agreement. The tenants lease ends on Jan 3… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
There is no rent-control for single house In San, CA. If the
There is no rent-control for single house In San Jose, CA. If the lease will be end on 2/28/2018, can the landlord increase the rent from current $2350/m to $3000/m from 3/1/2018 ? The market rent is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I rented apartment from 2016, July to moved out on 2017,
I rented apartment from 2016, July to moved out on 2017, Jul31, one year term is complete, there is mouse inside apartment,shit in the kitchen everywhere, sometimes even in my bedroom, the sink in the… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
What proof do I need in Civil Court to present that that the
What proof do I need in Civil Court to present that that the landlord must pay the cost of bringing the building to code?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My daughter is sharing an apartment with a friend. They had
My daughter is sharing an apartment with a friend. They had a falling out over the friends repeated use of roach treatments that make my daughter feel badly. She wants to move out. Does she have any r… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I have been renting my house in Ms. to a family for the last
I have been renting my house in Ms. to a family for the last 3 yrs. Let them live there for the 1st 8 months rent free to make be able to make what repairs they thought were needed because I had to mo… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have to move for a job in march. leaving 5 mo on the
i have to move for a job in march. leaving 5 mo on the lease. what can i do to minimize my cost? … read more
John
John
Attorney
Doctoral Degree
5,865 satisfied customers
The landlords boiler stopped working two days after I filled
The landlords boiler stopped working two days after I filled it with oil. The landlord know decided to go to gas and I am out 427.00. Who is suppose to reimburse me, the land lord or the oil company? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I rent a home and the landlord's own piece of property
I rent a home and the landlord's own piece of property behind mine they have a barn built there that they keep their RVS boats and everything and but they run the electricity for their property behind… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Landlord included language in his original commercial lease
Landlord included language in his original commercial lease that he is disputing due to month to month conversion by default because no agreeable terms could be reached for new lease. Should all origi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I signed a lease years ago and it was for the terms of 1
If I signed a lease years ago and it was for the terms of 1 yr and I never moved out or signed any new lease is there a chance I can just pay my last month's rent and leave with no other penalty?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I am in a month to month. I do not have a contract for the
I am in a month to month. I do not have a contract for the month to month. 4 years in the same building. I gave a notice on 01/09/2017. The apartment has cockroaches for the past month and I cannot us… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x