Colorado Warranty of Habitability Disclosure
Tenant Rights Notice – SB 24-094 (C.R.S. § 38-12-503)
Colorado Senate Bill 24-094 significantly strengthened tenant rights regarding habitability. Landlords must now provide tenants with written disclosure of their rights under the Warranty of Habitability law. This disclosure informs tenants of their rights to a habitable dwelling, repair request procedures, landlord response timelines, and remedies available if habitability issues are not addressed.
🏠 Property Information
⚖️ Your Rights Under Colorado’s Warranty of Habitability
🏠 TENANT RIGHTS NOTICE – COLORADO LAW
This notice is required by C.R.S. § 38-12-503 as amended by SB 24-094.
What is the Warranty of Habitability?
Under Colorado law, every residential lease includes an implied warranty that the landlord will maintain the property in a condition fit for human habitation. This means your rental must meet certain minimum health and safety standards throughout your tenancy.
Your Rights as a Tenant
- Right to a Safe Home: Your rental must be safe, sanitary, and fit for living
- Right to Request Repairs: You may request repairs for habitability issues in writing
- Right to Timely Response: Landlord must respond to repair requests within specific timelines
- Right to Remedies: You have legal remedies if habitability issues are not addressed
- Protection from Retaliation: Landlord cannot retaliate for exercising these rights
What Must Be Provided
- Waterproof and weatherproof exterior (roof, walls, windows, doors)
- Functioning plumbing with hot and cold water
- Working heating system adequate for Colorado climate
- Safe electrical systems and wiring
- Working smoke and carbon monoxide detectors
- Sanitary conditions (no pests, mold, sewage issues)
- Secure locks on exterior doors and windows
- Proper garbage facilities and removal
- Common areas maintained in safe condition
- Compliance with all applicable building and housing codes
📝 How to Request Repairs
Repair Request Procedure
Step 1: Submit your repair request in writing. Keep a copy for your records.
What to Include: Date, your name and unit, specific description of the problem, how it affects habitability, and your preferred contact method for scheduling repairs.
⏱️ Landlord Response Timelines (SB 24-094)
Required Response Times Under Colorado Law
Important: These timelines begin when the landlord receives written notice of the condition. If the landlord fails to respond within these timelines, you may have additional remedies under Colorado law.
⚖️ Tenant Remedies for Habitability Violations
What You Can Do If Repairs Aren’t Made
If the landlord fails to address habitability issues within the required timelines, Colorado law provides several remedies:
1. Rent Reduction
You may be entitled to a reduction in rent proportional to the diminished value of the premises due to the habitability issue.
2. Repair and Deduct
For certain repairs, you may hire a professional to make repairs and deduct the cost from rent (within statutory limits and following proper procedures).
3. Lease Termination
For serious habitability violations that the landlord refuses to address, you may have the right to terminate your lease without penalty.
4. Withhold Rent
In some cases, you may withhold rent until repairs are made. Warning: This remedy has strict requirements – consult with an attorney before withholding rent.
5. Court Action
You may file a lawsuit to recover damages, obtain a court order requiring repairs, or seek other relief.
Before Using Remedies: Document everything in writing, give proper notice, and consider consulting with a tenant rights organization or attorney. Improper use of remedies could jeopardize your tenancy.
🛡️ Protection from Retaliation
Colorado’s Anti-Retaliation Law (C.R.S. § 38-12-509)
Colorado law prohibits landlords from retaliating against tenants who exercise their legal rights. A landlord may NOT:
- Increase rent
- Decrease services
- Refuse to renew the lease
- Threaten eviction
- File an eviction action
…in response to a tenant:
- Complaining about habitability issues
- Requesting repairs
- Contacting code enforcement
- Joining a tenant organization
- Exercising any legal right
Presumption of Retaliation: Under SB 24-094, if a landlord takes adverse action within 12 months of a tenant exercising their rights, retaliation is presumed. The landlord must prove the action was for a legitimate, non-retaliatory reason.
🚨 Emergency and Resource Contacts
Tenant Rights Resources
- Colorado Legal Services: coloradolegalservices.org – Free legal help for qualifying tenants
- Colorado Housing Connects: coloradohousingconnects.org – Housing assistance resources
- Denver Code Enforcement: 311 or denvergov.org/311 – Report housing code violations
- Colorado Attorney General: coag.gov – Consumer protection resources
- HUD Fair Housing: 1-800-669-9777 – Report housing discrimination
👔 Landlord/Property Manager Information
Landlord/Property Manager Signature
👤 Tenant Acknowledgment
Tenant Signature(s)
Colorado Warranty of Habitability – Complete Guide (SB 24-094)
Colorado Senate Bill 24-094, signed into law in 2024 and effective January 1, 2025, significantly strengthened tenant rights regarding the warranty of habitability. This landmark legislation requires landlords to provide written disclosure of tenant rights and establishes specific timelines for addressing repair requests.
What Changed Under SB 24-094?
The new law made several important changes to Colorado’s habitability requirements:
- Mandatory Disclosure: Landlords must now provide written disclosure of habitability rights
- Specific Timelines: Clear deadlines for emergency (24 hours), urgent (96 hours), and standard (14 days) repairs
- Stronger Anti-Retaliation: 12-month presumption period for retaliation claims
- Enhanced Remedies: Clearer tenant remedies for habitability violations
- Just Cause Eviction: Connected habitability complaints to just cause protections
What Constitutes Habitable Condition?
Under Colorado law, a habitable dwelling must include:
| Category | Requirements |
|---|---|
| Structural | Weatherproof roof, walls, windows, and doors; safe floors, stairs, railings |
| Plumbing | Hot and cold running water, functioning toilets, proper drainage |
| Heating | Working heating system adequate for Colorado weather |
| Electrical | Safe electrical systems, adequate lighting, functioning outlets |
| Safety | Smoke detectors, CO detectors, secure locks, fire exits |
| Sanitation | Free of pests, mold, sewage issues; proper trash removal |
| Code Compliance | Compliance with all applicable building and housing codes |
Landlord Obligations Under SB 24-094
1. Provide Written Disclosure
Landlords must provide this disclosure form to all tenants before or at lease signing. The disclosure must explain tenant rights, repair procedures, and remedies.
2. Respond to Repair Requests
Landlords must respond to repair requests within the timelines specified by law:
- 24 hours for emergencies threatening health or safety
- 96 hours for urgent issues affecting habitability
- 14 days for standard repairs
3. Maintain the Property
Landlords must proactively maintain the property in habitable condition, not just respond to complaints.
4. Not Retaliate
Landlords cannot take adverse action against tenants who exercise their habitability rights.
Tenant Responsibilities
While landlords have significant obligations, tenants also have responsibilities:
- Report Problems: Notify landlord of habitability issues in writing
- Allow Access: Permit reasonable access for repairs (with proper notice)
- Maintain Cleanliness: Keep the unit in clean, sanitary condition
- Don’t Cause Damage: Use fixtures and appliances properly
- Follow Procedures: Use proper channels for repair requests
Frequently Asked Questions
Can my landlord charge me for repairs?
Generally, landlords cannot charge tenants for repairs needed to maintain habitability. However, if the tenant or their guests caused the damage, the tenant may be responsible.
What if my landlord ignores my repair request?
Document everything, follow up in writing, and if timelines pass without response, you may have remedies including rent reduction, repair and deduct, or lease termination. Consider consulting with a tenant rights organization.
Can I withhold rent for habitability issues?
Colorado law allows rent withholding in some circumstances, but strict procedures must be followed. Improper withholding can result in eviction. Consult with an attorney before withholding rent.
What’s considered an emergency?
Emergencies include: no heat when temperatures are dangerous, gas leaks, flooding, sewage backup, no running water, and electrical hazards posing fire risk.
⚠️ Legal Disclaimer
This form and information are provided to help Colorado landlords comply with SB 24-094. Habitability issues can be complex and may involve significant legal and financial consequences for both landlords and tenants. If you have questions about your specific rights or obligations, consult with a Colorado attorney familiar with landlord-tenant law. Tenants with limited income may qualify for free legal services through Colorado Legal Services.
