Bad Conditions as a Defense

If your landlord tries to evict you for not paying rent, but you have ongoing or recent repair issues in your home, you may be able to use those issues as a defense to stop an eviction. 

Colorado law requires landlords to keep rental homes safe and livable. This law is called the Warranty of Habitability. If your landlord didn’t do this, you may be able to stop or delay an eviction. This guide explains:

• What you need to prove
• What courts can require of you 
• How evidence works 
• What happens if you win or lose your case

For more information about eviction defenses, see our guide on Responding to an Eviction Case.

What do I have to prove?

It is important to have evidence or proof. You must show that:

1. Your rental unit was unlivable or unsafe in a way that interfered with your life, health, or safety;
2. You or someone else notified your landlord in writing; and
3. Your landlord did not start the repairs in the required time or complete the repairs.

You can also argue that conditions were already bad when you moved in.

The unlivable conditions must have existed:

• Within 60 days before you stopped paying rent;

  OR

• During the time you did not pay rent.

For more detailed information, see our guide on Safe and Healthy Housing.

What the court cannot require

• That you pay the court: You do not have to deposit rent with the court to raise this defense.
• Out-of-pocket requirements: You do not have to prove you spent money or fixed the problem yourself.

Do the landlord and I have to share evidence?

If you raise this defense, the judge should order your landlord to give you repair records and other documents at least 4 days before trial. You may also have to share your documents with your landlord.

• If your landlord does not provide the records, the court should delay the trial.
• Repeated failures may lead to penalties against your landlord.
• If either side fails to share documents without a good reason, they may not be able to use those documents in court.

Evidence checklist

Bringing strong evidence can make a big difference. Helpful items include:

• Photos or videos of unsafe conditions.
• Copies of repair requests, texts, or emails to your landlord.
• Notes with dates of when you reported problems.
• Inspection reports from city or county officials.
• Witness statements from neighbors, visitors, or caseworkers.
• Medical records if health was affected.

When can I use this defense in other evictions?

• You can’t use bad conditions as a defense in cases for substantial lease violations (lease violations involving drugs, crime, or danger), or “no-fault evictions" (meaning that you received 90 days' notice and the landlord is selling the property, or moving into the property). 
• You can use this defense in other cases if the lease violation was caused by the landlord’s failure to maintain the property. For example, if garbage piled up because the landlord never provided bins.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.