2020 Colorado Revised Statutes
Title 38 - Property - Real And Personal
Article 12. Tenants and Landlords
Section 38-12-503. Warranty of habitability.

(1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation.

(2) Except as described in subsection (2.2) of this section, a landlord breaches the warranty of habitability set forth in subsection (1) of this section if:

(a) A residential premises is:

1. Uninhabitable as described in section 38-12-505 or otherwise unfit for human habitation; or

2. In a condition that materially interferes with the tenant's life, health, or safety; and

(b) The landlord has received reasonably complete written or electronic notice of the condition described in subsection (2)(a) of this section and failed to commence remedial action by employing reasonable efforts within the following period after receiving the notice:

1. Twenty-four hours, where the condition is as described in subsection (2)(a)(II) of thissection; or

2. Ninety-six hours, where the condition is as described in subsection (2)(a)(I) of thissection and the tenant has included with the notice permission to the landlord or to the landlord's authorized agent to enter the residential premises.

(2.2) In a case in which a residential premises has mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the life, health, or safety of a tenant, a landlord breaches the warranty of habitability if the landlord fails:

1. Within ninety-six hours after receiving reasonably complete written or electronic notice of the condition, to mitigate immediate risk from mold by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device to reduce tenants' exposure to mold;

2. To maintain the containment described in subsection (2.2)(a) of this section until theactions described in subsection (2.2)(c) of this section are executed; and

3. Within a reasonable amount of time, to execute the following remedial actions toremove the health risk posed by mold:

1. Establish appropriate protections for workers and occupants;

2. Eliminate or limit moisture sources and dry all materials;

3. Decontaminate or remove damaged materials as appropriate;

4. Evaluate whether the premises has been successfully remediated; and

5. Reassemble the premises to control sources of moisture and nutrients and therebyprevent or limit the recurrence of mold.

(2.3) A tenant who gives a landlord electronic notice of a condition shall send such notice only to the e-mail address, phone number, or electronic portal specified by the landlord in the rental agreement for communications. In the absence of such a provision in the rental agreement, the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant. The tenant shall retain sufficient proof of delivery of the electronic notice.

(2.5) A landlord who receives from a tenant written or electronic notice of a condition described by subsection (2)(a) of this section shall respond to the tenant not more than twentyfour hours after receiving the notice. The response must indicate the landlord's intentions for remedying the condition, including an estimate of when the remediation will commence and when it will be completed.

3. When any condition described in subsection (2) of this section is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control, the condition does not constitute a breach of the warranty of habitability. It is not misconduct by a victim of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking under this subsection (3) if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking and the landlord has been given written or electronic notice and evidence of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking, as described in section 38-12402 (2)(a).

4. (a) If the notice sent pursuant to subsection (2)(b) of this section concerns a condition that is described by subsection (2)(a)(II) of this section, the landlord, at the request of the tenant, shall provide the tenant:

1. A comparable dwelling unit, as selected by the landlord, at no expense or cost to thetenant; or

2. A hotel room, as selected by the landlord, at no expense or cost to the tenant.

(b) A landlord is not required to pay for any other expenses of a tenant that arise after the relocation period. A tenant continues to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation.

5. Except as set forth in this part 5, any agreement waiving or modifying the warrantyof habitability shall be void as contrary to public policy.

6. Nothing in this part 5 shall:

1. Prevent a landlord from terminating a rental agreement as a result of a casualty orcatastrophe to the dwelling unit without further liability to the landlord or tenant; or

2. Preclude a landlord from initiating an action for nonpayment of rent, breach of therental agreement, violation of section 38-12-504, or as provided for under article 40 of title 13, C.R.S.

Source: L. 2008: Entire part added, p. 1821, § 3, effective September 1. L. 2017: (3) amended, (HB 17-1035), ch. 276, p. 1515, § 2, effective June 1. L. 2019: (2), (3), and (4) amended and (2.2), (2.3), and (2.5) added, (HB 19-1170), ch. 229, p. 2306, § 3, effective August 2.