QUESTION

I am suing my landlord for Breach of Contract, Unjust enrichment. Mediation will be in a month. I want an opinion on the law and merits of my case.

Asked on Oct 01st, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
The landlord delayed repairs to the bathrooms and misc other items for 6 months, and has refused to repair the oven, stove and microwave. The lease agreement requires them to make these repairs. During this time we have paid full rent and therefore we are not receiving the benefit of the bargain. We have been told we can get out of the lease on the basis of breach of warranty of habitability and/or breach of fit for a particular purpose. However, we have been here for 5 years and are planning to move out in May 2014 when the lease ends. Moving out now would be very expensive for us. If we withhold rent they will file a Forcible Entry and Detainer case, our defense would be breach. This is risky if were were to lose, putting us out on the street, and not getting our damage deposit back. We can't take that risk, it would just increase our damages. Therefore, we are choosing the remedy of staying here and suing for our damages. Our suit is simply breach of the lease contract and damages?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
You have stated your case well but I do not know what your question is?  I'm very familiar with the claim for breach of Warranty of Habitability, etc. If you sue for breach of contract then you are saying that the lease is void, I do not see the advantage of this approach over the breach of the Warranty of Habitability.  However, this case appears far to complex to evaluate over email.  If you would like a free consultation so that I can evaluate the true facts of your case and determine your best course of action you should call my office.  Tell Michelle that you would like a consultation with Don regarding a breach of lease and warranty of habitability claim.  303-688-0944.
Answered on Oct 01st, 2013 at 3:13 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.

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