You should document unsafe living conditions in your Colorado Rental unit by taking date-stamped photos and videos. Keep a log of any specific issues and the dates and times you noticed them, and keep a record of communications with your landlord.
If unsafe living conditions have already led to damage to your personal property or health, document this too. For damage to your property, take photos. If your health has been affected, send a medical report. Keep copies of everything. Remember, every rental property in Colorado comes with an implied warranty of habitability that protects your rights as a tenant.
Why You Should Document Unsafe Living Conditions in a Colorado Rental Unit
Some landlords will quickly attend to unsafe conditions you report, but others will not. By documenting the unsafe living conditions you were subjected to and your dealings with your landlord, you will build a trail of evidence.
You may need to use it if suing your landlord becomes the only solution to your problem or if you wish to recover compensation for damages caused by unsafe living conditions. If you believe your landlord is forcing you to endure dangerous living conditions and need advice, a Colorado unsafe living conditions lawyer can help.
What Conditions Count as Unsafe Living Conditions in Colorado Law?
It’s important to note that your landlord is not liable for unsafe living conditions you are to blame for. For example, if you broke a lock because you lost your keys, your landlord is not responsible for the repair. You can find a full list of conditions your landlord can be held responsible for in Colorado’s Revised Statutes § 38-12-505.
Basic conditions for habitability include:
- Weatherproof roof, walls, doors and windows, and an absence of mold.
- Working plumbing, including hot and cold running water.
- A functioning, properly maintained heating system.
- Safe electrical wiring and working light fittings.
- Extermination of pest or rodent infestations.
- Workable and lockable doors and windows.
- Sanitary common areas in apartment complexes.
- Overall compliance with building, health, and housing codes.
How to Report Unsafe Living Conditions to Your Landlord
In an ideal world, you need only call your landlord to report unsafe living conditions. A good landlord will respond immediately, ensuring that the conditions you reported are attended to. Unfortunately, it is not always that easy. Your landlord may simply brush off your complaints or make promises they fail to fulfil.
Since your living conditions are, by definition, unsafe, you need prompt action. That is why it is best to clearly record the problems you encountered, send a written message, and confirm that your landlord received it. If you do not do this, they can simply deny that you communicated with them, putting you back at square one.
When to Get Advice From a Colorado Unsafe Living Conditions Lawyer
After documenting unsafe living conditions and reporting them to your landlord, they must see to repairs within a specific time frame. In emergencies like sewage and water failures, they must address the issue within 24 hours. They have 4 days to attend to less pressing but serious conditions.
They have other duties, too. For instance, if, for some reason, they cannot see to the repairs within the specified time, or if your living unit will be unlivable during a lengthy repair process, they must provide alternative accommodation.
Whatever you do, you should not take matters into your own hands. Some people think they can simply stop paying rent or move out, but if you do not follow the correct procedures, you could be evicted or end up owing your landlord money. Document all unsafe living conditions and the actions you took, and consult an experienced Colorado tenant lawyer for professional advice.
