Yes, as a commercial tenant in Colorado, you may have legal grounds to terminate your lease or seek other remedies if your landlord has materially breached the lease agreement. A landlord’s failure to provide adequate heat—especially over a prolonged period like five months during the winter—can constitute a breach of the covenant of quiet enjoyment and potentially constructive eviction, depending on the severity of the disruption to your business. To prevail in a dispute, a commercial tenant's outcome often hinges on the specific terms of the lease, including the landlord’s rights and obligations.

In Colorado, landlords are generally required to comply with the lease terms and maintain the premises in a condition that allows the tenant to use them as intended. While the Colorado Warranty of Habitability (C.R.S. § 38-12-503) applies only to residential leases, commercial leases still carry implied duties and are governed by contract principles. If your lease included an obligation by the landlord to provide heating or maintain building systems, and they failed to do so, that may amount to a material breach of contract.

Furthermore, if the landlord proceeded with construction or repairs without the necessary permits, that may also violate local building codes and create legal exposure for both safety and liability. If the space was unsafe, uninhabitable, or your business was negatively impacted, you may argue constructive eviction—a legal doctrine where the tenant is effectively forced out due to the landlord’s failure to maintain the property.

To pursue termination or damages, courts look at:

• The severity and duration of the landlord’s breach

• How it interfered with your ability to operate your business

• Whether you provided the landlord written notice and an opportunity to cure

• The terms of your lease regarding repairs, maintenance, and early termination

Here are a few cases of interest regarding commercial eviction of interest:

• In Eskanos & Supperstein v. Irwin, 637 P.2d 403, the Colorado Court of Appeals affirmed that a commercial landlord's failure to address excessive noise in a shopping center, despite a lease provision guaranteeing quiet enjoyment, constituted constructive eviction. The court held that the landlord's omissions, even without intent to evict, justified the tenant's abandonment and supported the trial court's findings

• In Radinsky v. Weaver, 170 Colo. 169, the Colorado Supreme Court upheld a finding of constructive eviction where a landlord's unauthorized construction of a second story interfered with the lessees' printing business. The court affirmed that such interference violated the covenant of quiet enjoyment, justifying the lessees' abandonment and refusal to pay rent

• In Aspen Plaza Co. v. Garcia, 691 P.2d 763, the Colorado Court of Appeals ruled that a lessee was constructively evicted when repeated sewage backups rendered a restaurant unsuitable for operation. The lessor's refusal to address the issue and subsequent actions, including eviction proceedings, supported the jury's verdict awarding damages to the lessee

• In Thomas Cusack Co. v. Pratt, 78 Colo. 28, the Colorado Supreme Court held that a landlord's construction of a filling station obstructing the view of advertising signs on leased premises violated the implied covenant of quiet enjoyment. The lessee was justified in treating the landlord's actions as constructive eviction and vacating the premises

• In Bedell v. Los Zapatistas, Inc., the Colorado Court of Appeals found that severe issues with heating, plumbing, and structural integrity rendered a rental property uninhabitable, constituting a breach of the covenant of quiet enjoyment and constructive eviction. The court remanded the case to determine when the property became uninhabitable and to recalculate damages. (This a residential case, but of interest because of the similar heating issues.)

Your next steps:

1. Document everything – emails, temperature records, city permit violations, repair delays, and business impacts.

2. Review your lease – specifically the clauses on landlord obligations, remedies for breach, and early termination.

3. Consider a formal demand letter – outlining the breach and your intent to vacate unless a resolution is reached.

For more information, see our commercial landlord-tenant practice or contact us to schedule a consultation with one of our eviction attorneys.