Fox 31 Seeks Expert Advice from Robinson & Henry

A Colorado mother of three is dealing with health and safety concerns after her apartment was flooded with raw sewage, leaving her and her children in an ongoing nightmare.

Her apartment suffered extensive damage in late September when a sewage pipe leak caused two inches of foul-smelling water to flood her home. According to property management, the backup occurred after someone in the complex flushed items like baby wipes and terry cloth towels down the toilet.

The resident spoke to Fox 31 about the conditions in her apartment. The carpets are stained, and the lingering odor of bacteria fills the air.

Fox 31 asked Robinson & Henry for answers to renters’ rights in these situations. R&H Evictions Partner Kayla Banzali explained the legal aspects in an interview with Fox 31 as a sewage leak leaves mom of 3 worried about effects to health, well-being.

“The landlord does have certain obligations to communicate with the tenant within 24 hours and start that remedial action very promptly as well. As well as an obligation to inform the tenant of the different rights that the tenant has such as that they are required to provide alternative housing if the tenant so wishes,” Banzali said.

Banzali explained that tenants are protected under Colorado’s Warranty of Habitability law, which guarantees renters the right to live in a safe and clean environment. This legal protection is important for renters in this type of situation. 

Banzali emphasizes that tenants have the right to demand immediate action and, if necessary, alternative housing until the situation is resolved. Residents are urged to report maintenance issues immediately, take photos and videos of the damage, document health problems, and keep a record of any attempts to contact property management.