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It's actually more of a Landlord Tenant dispute, 24 month…

Customer Question
It's actually more of...

It's actually more of a Landlord Tenant dispute

Lawyer's Assistant: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?

24 month lease. Signed 10/2015 so out lease is ending soon.

Lawyer's Assistant: Where is the property located?

Denver Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That our landlord fails to make necessary repairs.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
8/6/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 8,413
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. What specific questions did you have for me?

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Customer reply replied 6 months ago
I'm having a dispute with my landlord. He fails to make repairs our electrical is shotty resulting in an electrical fire. Our Air Conditioning hasn't worked since we moved in. We'v had multiple leaks and mold has been present. We've with held rent in an effort to force him to make repairs but he refuses. He posted a pay or take possession notice on our door. What can I do?
Customer reply replied 6 months ago
We've documented our attempts to get him to fix things. We have HVAC and plumbing people witness the issues mentioned.
Customer reply replied 6 months ago
I really can't afford 59 dollars for a phone call if you can't help me just let me know. I'll look for help elsewhere.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, wait just one moment...

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

The phone call requests are automatic. You're not obligated to take one. I'm preparing a response as we speak.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

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.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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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).

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