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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 10208
Experience:  Just Answer consultant at Self employed
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I am renting in Denver, CO and have questions regarding a

Customer Question

I am renting in Denver, CO and have questions regarding a building owners responsibility in providing enough heat for their tenants.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Colorado
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Here's the problem. The building in question was built in the 50's and has the radiators in the walls, in which hot water flows. At some point window units were installed, which can provide some heat and are mainly used in the summer for cold air.
JA: Anything else you want the lawyer to know before I connect you?
Customer: A new group of investors purchased the building and want to eliminate the radiated heat, most likely because of cost.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 10 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 10 months ago.

Will they substitute an alternate heat source?

Customer: replied 10 months ago.
At this point they haven't stepped forward with an alternative. But, I think because they do not want to pay the costs to repair some of the pipes most of the building as had the radiated heat turned on but one corridor, which I live in, has no radiated heat, This seems unfair since I pay the same rent as those who ill have the heat.
Expert:  legalgems replied 10 months ago.

Yes, that is unfair and fortunately CO has an implied covenant of habitability.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

Here is a sample letter

Also a landlord cannot remove a vital part of the unit and not replace it with something comparable.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!