Colorado landlords must provide a habitable space for their tenants. As a renter, you have the right to take legal action when a landlord fails to meet the state’s standards for habitability. A tenant must take specific steps before filing a legal action against a landlord for mold and water damage in Colorado.
What Are Tenants’ Duties Regarding Mold in an Apartment?
Colorado laws specify that tenants must reasonably maintain a rental apartment to ensure cleanliness and safety (CRS §38-12-504). A tenant’s obligations for maintaining the premises require:
- Adhering to the building, health, and housing codes and provisions
- Keeping the apartment reasonably clean, safe, and sanitary
- Disposing of garbage and waste in a legally compliant manner
- Using an apartment’s systems, such as ventilation, to promote health and safety
- Notifying a landlord of uninhabitable conditions, like mold, or of circumstances that might create an uninhabitable space
Pictures and videos can provide digital evidence of the existence of mold and an apartment’s condition. Taking these steps can help you document unsafe living conditions in a Colorado rental unit.
What Are a Landlord’s Duties for Addressing Mold in an Apartment?
Colorado’s Safe Housing for Residential Tenants (SB24-094) act enhances Colorado’s Warranty of Habitability Law. The law requires a landlord to provide a safe living space and maintain its safety throughout a renter’s occupancy. Upon receiving notice of a mold or potential mold issue, a landlord must:
- Act within 24 hours if the condition impacts the health and safety of a renter. Otherwise, a landlord must address the condition within 72 hours by installing a containment system to abate mold contributors, in addition to a particulate air filtration device to minimize mold exposure
- Provide a temporary living space, upon request, if the mold threatens a renter’s health and safety. Displacements lasting longer than 48 hours require a landlord to supply a temporary space with refrigerator, freezer, and stove, or a stipend to offset the cost of meals
- Take other necessary actions to protect the renter and workers
- Clean or remove materials impacted by mold and test to ensure that no mold still exists
- Work to prevent or limit mold from recurring
A breach of habitability warranty can make renting challenging and impact your health. Discussing a potential violation with a Colorado tenant’s rights lawyer can help you determine when to hire legal representation and pursue compensation for your losses due to mold.
Should I Take Legal Action Because of Mold in My Colorado Apartment?
You have options when a landlord fails to address an apartment’s documented and reported mold issue. Terminating the lease with written notice may occur. However, finding comparable housing may be challenging.
Tenants may take mold mitigation steps themselves and deduct their costs from rent when a landlord fails to act after notification. Retain documentation of any costs to you. Withholding rent when a landlord breaches a warranty of habitability can lead to eviction, causing further hardship. A tenant must be able to legally prove a breach to prevent eviction because of a failure to pay rent.
Taking legal action against a landlord for mold in your apartment may allow you to seek damages for your expenses, medical costs associated with mold exposure, and compensation for rent you pay over the fair rental value. A court may also award the cost of legal fees. Injunctive relief may also be available. Determine if legal action because of mold is possible or if other legal remedies can help you protect your renters’ rights in Colorado by contacting our experienced team.
