What is the name of your state (only U.S. law)? CO
Apartment building has had almost NO hot water for over two weeks. Started out with about 20 minutes of hot water a day. For past 4 days, none at all. Mgmt keeps saying they are working on it. What are legal options?
The following is from Colorado Revised Statutes:
38-12-505. Uninhabitable residential premises.
(1) A residential premises is deemed uninhabitable if it substantially lacks any of the following characteristics:
(a) Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;
(b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
(c) Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
(d) Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
(e) Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;
(f) Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin;
(g) Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
(h) An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair;
(i) Floors, stairways, and railings maintained in good repair;
(j) Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; or
(k) Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant's life, health, or safety.
(2) No deficiency in the common area shall render a residential premises uninhabitable as set forth in subsection (1) of this section, unless it materially and substantially limits the tenant's use of his or her dwelling unit.
(3) Unless otherwise stated in section 38-12-506, prior to being leased to a tenant, a residential premises must comply with the requirements set forth in section 38-12-503 (1), (2)(a), and (2)(b).
From the above, you can see that the landlord is likely in violation, so what can YOU do about it?? The following statute details that.
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.
From the above, you need to put your landlord on WRITTEN notice of the violation (certified RRR - keep copies) and if they fail to remedy the violation, you could have justification for terminating your lease and moving.
