C.R.S. Section 38-12-503
Warranty of habitability

  • notice
  • landlord obligations

(1)

In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation.

(2)

Except as described in subsection (2.2) or (2.4) of this section, a landlord breaches the warranty of habitability set forth in subsection (1) of this section if:

(a)

A residential premises is:

(I)

Uninhabitable as described in section 38-12-505 or otherwise unfit for human habitation;

(II)

In a condition that materially interferes with the tenant’s life, health, or safety; or

(III)

Not in compliance with the standards described in section 38-12-505 (1)(b)(XIII) for the remediation and clean up of a residential premises that has been damaged due to an environmental public health event; and

(b)

The landlord has received reasonably complete written or electronic notice of the condition described in subsection (2)(a) of this section and failed to commence remedial action by employing reasonable efforts within the following period after receiving the notice:

(I)

Twenty-four hours, where the condition is as described in subsection (2)(a)(II) of this section; or

(II)

Ninety-six hours, where the condition is as described in subsection (2)(a)(I) of this section and the tenant has included with the notice permission to the landlord or to the landlord’s authorized agent to enter the residential premises.

(2.2)

In a case in which a residential premises has mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the life, health, or safety of a tenant, a landlord breaches the warranty of habitability if the landlord fails:

(a)

Within ninety-six hours after receiving reasonably complete written or electronic notice of the condition, to mitigate immediate risk from mold by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device to reduce tenants’ exposure to mold;

(b)

To maintain the containment described in subsection (2.2)(a) of this section until the actions described in subsection (2.2)(c) of this section are executed; and

(c)

Within a reasonable amount of time, to execute the following remedial actions to remove the health risk posed by mold:

(I)

Establish appropriate protections for workers and occupants;

(II)

Eliminate or limit moisture sources and dry all materials;

(III)

Decontaminate or remove damaged materials as appropriate;

(IV)

Evaluate whether the premises has been successfully remediated; and

(V)

Reassemble the premises to control sources of moisture and nutrients and thereby prevent or limit the recurrence of mold.

(2.3)

A tenant who gives a landlord written or electronic notice of a condition shall send the notice in a manner that the landlord typically uses to communicate with the tenant. The tenant shall retain sufficient proof of delivery of the notice.

(2.4)

A landlord breaches the warranty of habitability if the landlord fails to comply with section 38-12-803.

(2.5)

A landlord that receives from a tenant written or electronic notice of a condition described by subsection (2)(a) of this section shall:

(a)

Respond to the tenant not more than twenty-four hours after receiving the notice; except that a landlord may take up to seventy-two hours to respond to the tenant after receiving the notice when the residential premises is inaccessible because of damage due to an environmental public health event. The response must indicate the landlord’s intentions for remedying the condition, including an estimate of when the remediation will commence and when it will be completed.

(b)

Inform the tenant of the landlord’s responsibilities under subsection (4)(a) of this section if the reported condition concerns a condition described in subsection (2)(a)(II) or (2)(a)(III) of this section.

(2.7)

Intentionally left blank —Ed.

(a)

A landlord that receives notice from a tenant of any habitability issues, as described in section 38-12-505 (1), with the tenant’s premises is responsible for remediation of the residential premises to a habitable standard at the landlord’s expense.

(b)

A landlord that receives notice from a tenant of a habitability issue regarding a residential premises that has been damaged due to an environmental public health event shall comply with the standards described in section 38-12-505 (1)(b)(XIII) within a reasonable amount of time given the condition of the premises and at the landlord’s expense.

(c)

A landlord that has remediated a residential premises to a habitable standard following an environmental public health event must provide the tenant with documentation that demonstrates compliance with the standards described in section 38-12-505 (1)(b)(XIII).

(d)

A landlord’s submission of an insurance claim for an uninhabitable or a contaminated residential premises after the landlord receives notice from the tenant of habitability issues at the residential premises is not considered evidence of remediation.

(3)

When any condition described in subsection (2) of this section is caused by the misconduct of the tenant, a member of the tenant’s household, a guest or invitee of the tenant, or a person under the tenant’s direction or control, the condition does not constitute a breach of the warranty of habitability. It is not misconduct by a victim of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking under this subsection (3) if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking and the landlord has been given written or electronic notice and evidence of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking, as described in section 38-12-402 (2)(a).

(4)

Intentionally left blank —Ed.

(a)

If the notice sent pursuant to subsection (2)(b) of this section concerns a condition that is described by subsection (2)(a)(II) or (2)(a)(III) of this section, the landlord, at the request of the tenant, shall provide the tenant:

(I)

A comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant; or

(II)

A hotel room, as selected by the landlord, at no expense or cost to the tenant.

(b)

A landlord is not required to pay for any other expenses of a tenant that arise after the relocation period. A tenant continues to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation.

(5)

Except as set forth in this part 5, any agreement waiving or modifying the warranty of habitability shall be void as contrary to public policy.

(6)

Nothing in this part 5 shall:

(a)

Prevent a landlord from terminating a rental agreement as a result of a casualty or catastrophe to the dwelling unit without further liability to the landlord or tenant; or

(b)

Preclude a landlord from initiating an action for nonpayment of rent, breach of the rental agreement, violation of section 38-12-504, or as provided for under article 40 of title 13, C.R.S.

Source: Section 38-12-503 — Warranty of habitability - notice - landlord obligations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38–12–101
Legislative declaration 38–12–102
Definitions 38–12–102.5
Security deposits - maximum amount 38–12–103
Return of security deposit 38–12–104
Return of security deposit - hazardous condition - gas appliance 38–12–105
Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice 38–12–106
Security deposits - limitation on pet security deposit and rent - definition 38–12–200.1
Short title 38–12–200.2
Legislative declaration 38–12–201
Application of part 2 38–12–201.3
Legislative declaration - increased availability of mobile home parks 38–12–201.5
Definitions 38–12–202
Tenancy - notice to quit 38–12–202.5
Action for termination 38–12–203
Reasons for termination 38–12–203.5
Change in use of the park - remedies for home owners - definitions 38–12–204
Nonpayment of rent - notice required for rent increase - limitation on rent increases 38–12–204.3
Notice required for termination 38–12–205
Termination prohibited 38–12–206
Home owner meetings - assembly in common areas - meeting hosted by landlord 38–12–207
Security deposits - legal process 38–12–208
Remedies 38–12–209
Entry fees prohibited 38–12–210
Closed parks prohibited 38–12–211
Selling and transfer fees prohibited - “for sale” signs permitted 38–12–212
Certain types of landlord-seller agreements prohibited 38–12–212.3
Responsibilities of landlord - acts prohibited 38–12–212.4
Required disclosure and notice of water usage and billing - responsibility for leaks 38–12–212.5
Prohibition on retaliation and harassment - definition 38–12–212.7
Landlord utilities account 38–12–213
Rental agreement - disclosure of terms in writing - prohibited provisions 38–12–214
Rules and regulations - amendments - notice - complaints 38–12–215
New developments and parks - rental of sites to dealers authorized 38–12–216
Mediation, when permitted - court actions 38–12–217
Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition 38–12–218
Mobile home owners - right to form a cooperative 38–12–219
Home owners’ and landlords’ rights 38–12–220
Private civil right of action 38–12–221
Access by counties and municipalities 38–12–222
Residents’ right to privacy 38–12–223
Tenancy and park sale records 38–12–301
Control of rents by counties and municipalities prohibited - legislative declaration 38–12–302
Definitions 38–12–401
Definitions 38–12–402
Protection for victims of unlawful sexual behavior, stalking, or domestic violence 38–12–501
Legislative declaration - matter of statewide concern - purposes and policies 38–12–502
Definitions 38–12–503
Warranty of habitability - notice - landlord obligations 38–12–504
Tenant’s maintenance of premises 38–12–505
Uninhabitable residential premises - habitability procedures - rules 38–12–506
Exception for certain single-family residences 38–12–507
Breach of warranty of habitability - tenant’s remedies 38–12–508
Landlord’s defenses to a claim of breach of warranty - limitations on claiming a breach 38–12–509
Prohibition on retaliation 38–12–510
Unlawful removal or exclusion 38–12–511
Application 38–12–601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions 38–12–701
Notice of rent increase 38–12–702
Limit on frequency of residential rent increases 38–12–801
Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions 38–12–802
Tenant payment - receipts 38–12–803
Disclosure - elevated radon - definition 38–12–901
Short title 38–12–902
Definitions 38–12–903
Rental application fee - limitations 38–12–904
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice 38–12–905
Violations - liability - notice required - exceptions - no exhaustion of remedies required 38–12–1001
Definitions 38–12–1002
Bed bugs - notification to landlord - landlord duties 38–12–1003
Bed bugs - inspections - treatments - costs 38–12–1004
Bed bugs - access to dwelling unit and personal belongings - notice - costs 38–12–1005
Bed bugs - renting of dwelling units with bed bugs prohibited 38–12–1006
Remedies - liability 38–12–1007
Relationship to warranty of habitability 38–12–1101
Short title 38–12–1102
Legislative declaration 38–12–1103
Definitions 38–12–1104
Dispute resolution program - creation - division of housing - duties - report - rules 38–12–1105
Dispute resolution program - complaint process 38–12–1106
Registration of mobile home parks - process - fees 38–12–1107
Registration information database 38–12–1108
Mobile home park complaint and water issue database 38–12–1109
Mobile home park act dispute resolution and enforcement program annual report 38–12–1110
Mobile home park act dispute resolution and enforcement program fund 38–12–1201
Short title 38–12–1202
Definitions 38–12–1203
Prohibition on activities related to a tenant’s immigration or citizenship status 38–12–1204
Authorized conduct 38–12–1205
Remedies
Green check means up to date. Up to date

Current through Fall 2024

§ 38-12-503’s source at colorado​.gov