QUESTION
Am I obligated to stay in a rental infested with mice?
Asked on Nov 13th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
I have lived there for three months and it's been an ongoing issue. the last three weeks have been so bad, that my husband had to go out and buy traps himself and I had to take my son to the doctor because his asthma is terrible. the property manager said we are obligated by law to stay on the property. the doctor says my son or anyone of us for that matter should not stay on that property and the doc wrote a note saying that my son is at a health risk. The property manager has blew me off for over two weeks on getting the treatments completed, there is a horrible ordor in my home. I have asked the property manager to pay for hotel stay unti this is resolved and I have asked her if this is not resolved for my full deposit back and partial rental payment for the month of November back as well. She has not responded to me yet. I have called the health and enviornment dept for the county I live in and I was assigned an inspector. he is out until the 14th of nov. thanks for you help.
1 ANSWER
3 Awards
First you have a Warranty of Habitability claim. This will allow you to cancel your lease agreement and move without being held responsible for the future rent. However, you need to perfect your warranty of habitability claim by sending two demand letters and providing an opportunity to cure. I always recommend hiring an attorney to assist in perfecting this defense.
Secondly, you may have a damages claim against your landlord based on the conditions of the home and the health hazard that he has subjected your to. For this you will definitely need to consult an attorney to help you with this claim against your landlord and his insurance company.
Good Luck!
Answered on Nov 14th, 2013 at 4:30 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.