Real Estate Law
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Okay thank you for posting that. I'm very sorry to hear about this situation. It seems as if obviously you have an issue of a violation of the implied warranty of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally 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.
In your case, it appears as if the issues with the HVAC and plumbing or going to be a violation of that implied warranty. You’re already taking one of these steps in terms of withholding the rent which is generally allowed under the law. However, it appears as if your landlord is retaliating against you for withholding the red which is also illegal. The landlord is not willing to withdraw the eviction against you, you can file a complaint in a Colorado Court saying that they are retaliating against you against Colorado law. Keep in mind that the burden of proof would be on you in court to prove that the implied warranty of habitability was being violated in that these actions were retaliatory. Regardless, if it can’t be handled informally, this is your best course of action.
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