Can a Renter Withhold Rent Due to Problems With the Property?
Has your tenant threatened to withhold rent because they think there’s something wrong with the property? Say, for example, your tenant reported finding mold inside the unit, or expressed concerns about a circuit breaker tripping one too many times?
Whether your tenant actually realizes it or not, they’re claiming you haven’t held up your end of the lease agreement. But a disgruntled tenant can’t just withhold rent haphazardly. Let me explain when a tenant can use the breach of the warranty of habitability to withhold rent.
Warranty of Habitability Breaches, Explained
Landlords are responsible for the safety and health standards of the properties they rent out. In fact, they’re legally obligated. In Colorado, this is called the warranty of habitability. Every (legal) lease agreement includes a statement that says the residence is fit for a human to live in.
What does that mean? In short, the rental property doesn’t have:
- Mold from dampness
- Features like running water, functioning appliances, etc. C.R.S. 38-12-505
- Anything that is materially dangerous to the tenant’s life, health, or safety.
State law gets into it further, but typically, if you’re a landlord and you know or suspect either of these issues exists, an inhabitability issue could be on the horizon.
Where Landlords Get Into Trouble
A tenant can’t withhold rent just because there was a breach. Sometimes things break and need to be fixed, which is what you’re there for.
Colorado law and most lease agreements hold that it’s the tenant’s responsibility to report any habitability problems immediately. C.R.S. 38-12-504. Once the tenant gives the landlord written or electronic notice of the problem, Colorado state law gives landlords:
- 96 hours to fix the issue if the residence is unfit for human habitation C.R.S. 38-12-505
- 24 hours to fix the issue if the residence is in a condition that “interferes with the tenant’s life, health, or safety” C.R.S. 38-12-503
Landlords get into trouble when they don’t respond to tenant-reported habitability concerns within the timeframe state law mandates.
Colorado courts have also held that if a landlord breaches a duty to make improvements or repairs to a property, the tenant can offset the cost by subtracting it from their next rent payment. So if you’re in a pinch – say you’re out of town when the tenant reports the issue and you ask them to find a repairs contractor – the tenant can deduct any costs incurred from their next rent check.
What if the Tenant Caused the Problem?
If the tenant is the one behind the warrant of habitability breach on your property, Colorado law does not require you to pay for the breach. That’s because landlords aren’t obligated to cover the cost if the issue is a result of tenant negligence. It’s a little different if the property is leased for public use. At this point, the landlord should know whether that property is safe and, if it’s not, how to make it so.
Talk to a Landlord Attorney About Habitability
Whether your rental property is your livelihood or a side hustle, it’s important that you be paid. Our landlord attorneys can discuss your legal rights and obligations to ensure your tenants pay you. To set up a case assessment, give us a call at 303-688-0944.
