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The property management company we rent from left us without hot water over 2 weeks and stated they would give us a daily credit of $95.97 to rectify the situation. They are now trying to force us to sign a confidentiality agreement in order to receive this credit since they took their time fixing our water. This is the 2nd issue we have had with them taking their time to fix something for the home. We went months with a broken fence surrounding the property and they refused to do anything about it and dragged their feet from December through today to respond and handle the situation. My main concern is that this property management company is trying to force us to sign this agreement in protection of them constantly breaking the law and not abiding by the lease agreement. What can I do? I am 8 1/2 months pregnant, stressed beyond belief, and this property management company didn't care that we were without hot water and the water heater needed to be replaced since it was busted and leaking in the basement. The 3rd party technician that fixed the issue stated that this house should not have passed code due to the incorrect installation of the piping downstairs in the basement. This is extremely alarming as we have continuously had issues with this property management company and I refuse to sign a confidentiality agreement protecting them from the terrible business they conduct. What can I do?
Jun 20, 2023
Real Estate
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

It sounds like you are facing a difficult and stressful situation. You have a few options in the situation you describe. Landlords are required by Colorado law to maintain certain standards of habitability. This includes providing hot water, heat, and maintaining the structural safety of the property. The warranty of habitability is a legal principle that requires landlords to maintain livable conditions in your rental. Breaches of this principle can be considered a violation of the lease agreement, even if not explicitly stated in it. The length of time your landlord took to address the issues you mentioned might constitute a breach of this warranty.

In terms of compensation, the loss of rental value may be a route you could pursue. This is a legal strategy where tenants can claim that the value of their rental was reduced due to the habitability issue or loss of use, and therefore, they should be refunded a portion of their rent. The daily credit your landlord offered may not be adequate if the loss of rental value was actually higher.

Here, for example, you mentioned you did not have a fence. If the lack of a fence prevented you from using your backyard as intended when you rented the property you may have a claim for lose of use of the backyard. (This would not be warranty of habitability issue.)

Finally, the confidentiality agreement your landlord is trying to have you sign might limit your ability to pursue legal remedies. Before signing anything, you should get legal advice.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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