New Habitability Law with Deadlines
The habitability laws in Colorado have changed, and it is critical that all landlords understand them.
Colorado has had Warranty of Habitability laws for several years, but local tenants’ rights advocates believed they did not contain enough landlord liability. As of May 3, 2024, a new law was established that changed the responsibilities of both tenants and landlords, as well as the sanctions landlords may face when they rent uninhabitable dwellings. The new law is known as SB24-094, and the most important points are found below.
Definition of Uninhabitable Conditions
A residential dwelling is defined as being uninhabitable if it lacks waterproofing, functioning appliances, weather protection, running water, gas, plumbing, heating, hot water, or electrical lighting. Premises can also be classified as uninhabitable if mold has developed due to dampness. Any condition that substantially interferes with a tenant’s safety or health is considered uninhabitable.
Deadlines for Remedial Action
Landlords have a legal duty to contact tenants and begin remedial actions to correct uninhabitable conditions within 14 days after receiving notice from the tenant. If the condition persists beyond this time, it is presumed that the landlord has neglected to fulfill their legal duty. The burden of proof then shifts to the landlord or property manager to prove otherwise.
Remedial Action Documentation
All documentation pertaining to a tenant’s claim and any remedial action taken by the landlord, property owner, or property management company must be documented properly and easily accessible. All rental agreements entered after January 1, 2025, must include a statement notifying the tenant of how they can report an uninhabitable condition and how to deliver written notice of the condition.
Temporary Dwellings
In certain situations, landlords are required to provide tenants with a similar dwelling unit if an uninhabitable condition substantially interferes with a tenant’s health, life, or safety. A temporary dwelling must be provided for up to 60 days while the landlord tries to correct the condition.
Legal Procedures
The new law also outlines specific procedures for handling habitability claims. The most important of these are as follows:
- The procedure for landlords to follow prior to entering a rental unit to correct an uninhabitable condition,
- The circumstances in which tenants can deny the landlord entering their rental unit,
- A tenant’s legal options when filing a claim against a property management company or landlord and procedures for correcting the situation, and
- Limitations on the claims of tenants and legal defense procedures for landlords.
The new law also outlines protected actions taken by tenants and prohibits any retaliatory actions taken by landlords.
It is Important to Understand the New Landlord/Tenant Law
The landlord/tenant laws in Colorado are always changing, and recently, significant changes have been made. Our Colorado landlord attorney at Ceglian Law offers lease packages that outline the most important laws you need to know to ensure that you and your properties are in compliance. Protecting your rental property means protecting your livelihood and income, so the importance of doing so cannot be understated.