When can a tenant withhold rent?

I live in an apartment where there is a
water leak somewhere and my spare room
closet and floor are constantly wet,
even though I have a fan running, an
electric heater running, and the window
open constantly. I notified my landlord
November 10 and nothing has been done
still. The handyman came and looked at
it along with my landlord and there has
still been no resolution. I have lupus
and cant be around mold, and my house
smells like nothing but mold at this
point.

Asked on November 30, 2018 under Real Estate Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The water leak / mold is a breach of the implied warranty of habitability. The tenant has the following remedies for breach of the implied warranty of habitability in Colorado:
1. Terminating the lease early.
2. Injunctive relief which is a court order requiring the landlord to repair the problem.
3. Damages such as rent reduction and other expenses.
4. Attorney fees and costs in some circumstances.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.