One of the benefits of renting a property is that you are not responsible for many of the maintenance and safety issues that may arise with a property. However, what happens when the landlord also fails to address these issues, and you end up hurt? When this happens, you need the support of an experienced Colorado tenants’ rights lawyer to help you fight for the compensation you deserve.
The First Steps After an Accident on a Rental Property
Your top priority should always be safety and addressing any injuries. After addressing imminent safety concerns, consider a few factors to determine your next steps and whether your landlord may be liable for your injuries. You may benefit from getting familiar with the Warranty of Habitability, which identifies the landlord’s requirements for maintaining the property. These include, but are not limited to:
- Waterproofing and weatherproofing the dwelling
- Keeping plumbing and gas facilities up to code and in good working order
- Running water
- Reasonable amounts of hot water should be available
- Functioning heat
- Appropriately maintained electrical systems
- Common areas are kept clear of debris or garbage and in good repair
- Floors, stairwells, and railings should be maintained and in good repair
While Colorado law provides some explicit examples of responsibilities, a landlord should ensure the property is overall safe and habitable. This may mean providing adequate lighting in outside areas, ensuring that all external doors and windows have locks, or promptly addressing rodent, bug, or mold problems.
Determining Liability for Your Accident
Once you have evaluated the situation and determined the conditions that caused the accident, you can determine whether your landlord violated Colorado statute 38-12-503 and is liable for your accident. For example, if you tripped down a well-lit, well-maintained flight of stairs and broke your leg, that is likely not their fault. However, if you tripped on a piece of warped wood that you’ve reported to your landlord several times in the last month, the situation may look a little bit different.
If you suspect your accident is the result of landlord negligence, you may want to reach out to an attorney right away. By engaging us early, Sue My Landlord can help you identify points of liability, such as your landlord’s delay or refusal to do repairs.
Your Rights as an Injured Tenant
If your landlord is responsible for your accident or is otherwise negligent in keeping your property legally habitable, you have a couple of options for recourse. However, you must show that the landlord was aware of the issue or should have been aware of it. Your options for recourse include:
- Terminating your lease
- Injunctive relief
- Nonpayment of rent
- Claim for damages
It can be necessary for your own protection to consult an attorney before you determine the most appropriate action. Our team can help you confirm whether your situation meets the criteria for taking more extreme action, such as refusing to pay rent or vacating the property. Alternatively, you may find yourself facing unexpected costs and long-term repercussions.
