When can a tenant withhold rent?

UPDATED: Nov 30, 2018

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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

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


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

Answered 4 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.

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