Learn what your landlord must do about mold in your rental.
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If you rent your home in Colorado, state law gives you the right to live in a place that is safe, healthy, and livable. This guide explains the Warranty of Habitability. The Warranty of Habitability is a law that sets basic standards your landlord must meet. It also covers your responsibilities as a tenant, what to do when something goes wrong, and how to respond if your landlord doesn’t fix the problem. Whether or not you have a written lease, the law applies in most rental situations. Landlords can’t make you give up or waive these rights.
What does my landlord have to provide?
By law, landlords must maintain rental properties so they don’t pose a threat to your life, health, or safety. Your home must have:
- Working plumbing and running water
- Clean shared areas
- Trash pickup
- No rodent or insect infestations
- Safe stairs, doors, and exits
- Working heat (Oct–Apr), electricity, and ventilation
- Secure locks on doors and windows
- No hazardous mold or dampness
- Functional appliances if provided in the lease
- Advance notice before entering (24 hours unless emergency)
- Proper repairs to gas and radon hazards by licensed professionals
You can use fans or A/C units to stay cool, and you may have priority for installation if you have a disability. Your landlord must keep records of complaints and repairs and give you a copy if you ask.
What am I responsible for?
As a tenant, you must:
- Report problems to your landlord in writing
- Cooperate with repair efforts
- Follow health, safety, and building codes
- Keep your unit clean and sanitary
- Dispose of waste properly
- Use appliances and utilities safely
- Avoid disturbing neighbors or causing damage
Does this law apply to my situation?
The Warranty of Habitability doesn’t apply to every living arrangement. Examples include:
- Short-term hotel stays
- Dorms, religious housing, or hunting cabins
- Housing exchanged for work
- Owner-occupied mobile homes in parks
- Some written agreements for single-family homes
What if I caused the problem?
Your landlord is not responsible for damage you, your guests, or family caused—unless it was related to domestic violence, abuse, stalking, or certain unlawful sexual behavior.
What should I do if there’s a problem with my unit?
Step 1: Notify your landlord
You must send written notice (email, text, letter) before your landlord is legally required to fix anything. Keep a copy for your records.
Step 2: Timelines for response and repairs
- Urgent issues (health/safety risk): Landlord must respond within 24 hours and fix within 7 days.
- If there is mold in the unit, your landlord must fix within 4 days of receiving notice to repair.
- Non-urgent issues: Landlord must respond within 72 hours and fix within 14 days.
Landlords must offer hotel accommodations for urgent problems if needed—but you have to ask. They must pay for the hotel, food, transport, and storage as needed, but you must still pay rent.
What if the problem can’t be fixed?
Landlords must cover hotel costs for up to 60 days. If repairs will take longer, they must notify you and may end the lease. You may also choose to end the lease.
What are my legal options if repairs aren’t made?
- End the lease: Give written notice and a 10-day deadline for repair. Tell your landlord that if the problem is not repaired within 10 days, you will be ending your lease.
- Report to local health/building authorities: May result in inspection or condemnation.
- Sue: You may file a case in court for money damages or to force repairs.
- Deduct rent for professional repairs: This is complicated and risky without legal help.
- You can deduct rent if you make the repairs.
- But you must notify your landlord of your intent to do so, and hire a professional to make the repairs.
- Use as an eviction defense: If you’re being evicted for nonpayment and your rental home wasn’t habitable, you can use the unlivable conditions as a defense.
- See our guide on Bad Conditions as a Defense for more information.
Is my landlord allowed to retaliate?
It’s against the law for your landlord to retaliate or punish you for exercising your rights. That includes:
- Reporting problems or joining a tenants' group
- Filing complaints or lawsuits
- Moving out because of unaddressed issues
Prohibited actions include:
- Raising rent unfairly
- Making up fees
- Refusing to renew your lease without cause
- Threatening eviction or harassing you
Tip:
Always document your communication with your landlord and keep copies of notices and repair requests.
Important!
Don’t stop paying rent unless you’ve followed all legal steps. Not paying can lead to eviction.
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.