Air Duct cleaning responsibilities

[Ccole719]

I live in Colorado. Moved into this house on December 6, 2018, I work with the home owner’s wife so we came to an agreement on moving into their house they rent out. Problem is, they have a property manager, who literally only collects rent. We gave him a list of issues we came across in the first week of moving in, two major things I asked for were the air ducts to be cleaned and the outlets in the basement to be fixed, only 3 outlets out of the 10+ worked properly. He had someone come out and test the outlets, the guy told us it was probably a dead wire and he’d have to investigate further in the attic, no ones has come back to fix either issue since February of 2019. Almost a full year of living in this house, I informed the property manager, and my coworker/landlord that there will be a receipt in the next few months with rent for air duct cleaning. To which the property manager reply’s “that’s not something the landlord usually covers”. The landlord agreed that I should foot the bill, which I don’t mind except for the fact that I feel like it’s something that should have been done before move in because the previous tenants were known to be neglectful. So in my adventure of vacuuming out the parts of the vents that I can see, I started wondering if they’re wrong for making me do this myself/ paying for it myself.
So long story short basically, can I deduct the cost of air duct cleaning from rent because I asked them to clean them when we moved in? I showed the landlord the first weeks of move in the handful of carpet material, leaves, stale food, and dust/hair I could pull out of the vents that were there just past the vent covers.
Also as far as the outlets that didn’t work in the basement, we had a knowledgeable friend help us get all the outlets working, is that something that can be deducted for material, since he didn’t charge us for labor?
I took pictures of my discoveries while cleaning the vents, which I’m sure is useful. Just need to know my options at this point.

 

[adjusterjack]

Here's a summary from Nolo.com of the Colorado rent deduction laws:

Colorado Law on Rent Withholding

Tenants may deduct from one or more rent payments the cost of repairing or remedying a situation that qualifies as a breach of the warranty of habitability. (Colo. Rev. Stat. § 38-12-507(1)(e).) Colorado Revised Statute section 38-12-503 sets forth situations that violate the warranty of habitability, including the presence of hazardous mold, lack of weather protection, lack of running water, insufficient heating, and anything else that materially interferes with the tenant’s life, health, or safety. (Also see Colo. Rev. Stat. § 38-12-505 for conditions that make a residence uninhabitable.)

Tenants cannot withhold rent if they themselves, a member of their household, or a guest caused the harmful condition (unless the condition is the result of domestic violence of which the landlord has been made aware of). (Colo. Rev. Stat. § 38-12-503(3).)

Tenants must provide landlords with at least ten days’ written or electronic notice of their intent to withhold rent. The notice must meet certain requirements—for example, it must contain a copy of at least one good-faith estimate of costs to repair or remedy the situation, and the date of the tenant’s notice. After the tenant provides this notice, the law lists many other steps that both the landlord and tenant must perform. See Colorado Revised Statute section 38-12-507 for the full list of requirements, or consult a local landlord-tenant attorney for assistance.

Colorado law also specifies situations under which tenants may terminate the lease or rental agreement (without penalty) due to the landlord’s breach of the warranty of habitability. (Colo. Rev. Stat. § 38-12-507(a).)

I suggest you thoroughly and carefully read the cited statutes at:

https://law.justia.com/codes/colorado/2018/title-38/tenants-and-landlords/article-12/
Because I don't see the duct cleaning or the outlets as a habitability issue. The only thing deducting rent might get you is evicted for non-payment.

 

[xylene]

Duct cleaning is a gimmick.

You shouldn't have touched the electrical issue, you've created a possible liability issue honestly.

The best you can do is keep quiet and get the ducts done at your own expense if you feel it is worth it (its not)

 

[LindaP777]

I agree with the comments, above.

Pushing the issues of who pays for vent cleaning might irritate the landlord. Irritated landlords are more likely not to renew the lease at the end of the term. Cleaning air ducts is cheaper than moving.

(BTW - if the floor registers were filled with "carpet material, leaves, stale food, and dust/hair", I would have addressed it with the owner or property manager repeatedly until it was remedied, at the time of move in, but not 9 months later. I agree that is gross and should have been cleaned prior to move in, but it's a little late, now.)