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Bill Attorney
Bill Attorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1139
Experience:  Attorney
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They want to move and get out of the lease. They are fixing

Customer Question

They want to move and get out of the lease . They are fixing the violations and taking pictures before and after. I am going to call the landlord tomorrow. What can i say, they would like to get out of the lease , as it seems the landlord would like them out. i definitely do not want to pay more rent , the lease goes till jan. 2018? but if the landlord comes inspecting every week , and they keep fixing things , they want to move closer to work. any advice would be helpful as i don't want to be liable for unpaid rent for a year if they move out.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Bill Attorney replied 10 months ago.

This is attorney Bill looking into your real property question. Most likely you will be entitled to damages for breach of contract and failure of the landlord to give proper notice in relation to repairs. You may also have a case of denial of your possession rights.

I would like to review your State's laws.

Which State is the agreement and property located ?

This is an information request.

Attorney Bill

Customer: replied 10 months ago.
I am going to send the attachment they sent to me and the boys. I will wait to hear from you to hear what you think.
The boys are taking pictures and repairing any damages on the list, but they feel harassed and want to move out , closer to work and school. I appreciate any help you can give me before i email them.
They are in castle rock, Colorado. fyi, they hired a licensed air conditioner person to fix the ac, i paid 1000 for the new part , rather then bother the landlord whose wife was having a baby, plus the window duct tape is for an air conditioner they put in window as ducts weren't working. Fly traps to catch bugs ?
/Users/kathleenbeaulieu1/Desktop/Violation notice 10-17-2016.pdf not sure if this is sent can i email it
Customer: replied 10 months ago.
Did you get my info waiting your reply . On plane now will b out of touch for 5 hours .
Customer: replied 10 months ago.
I did pay for another answer . Awaiting your reply. Did you get the document i sent?
Expert:  Bill Attorney replied 10 months ago.

Sorry I wasn't online when you sent your last post to me.

Colorado State law provides for a warranty of habitability for any lease contract. . Colo. Rev. Stat. § 38-12-503(1).

The warranty of habitability stands for all lease contracts and is paramount to any lease contract.

Furthermore Colorado law allow tenants to withhold rent under certain circumstances

It appears that the landlord has breached the warranty of habitability.

Colorado outlines the tenant's right to end the lease in these circumstances or to withhold rent.

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 of 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.

Hence the repairs necessary are justification for withholding the rent or abandoning the lease.

Similarly, because the landlord has not provided adequate notice before entering the property, you also have another reason to either sue the landlord in the small claims court for interference with your right to possession or also have justification to end the lease.

The link you sent is not available to me.

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Attorney Bill