QUESTION
My Apartment Complex Is Avoiding Fixing My Heat
Asked on Nov 24th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
I live in Colorado, and it just snowed majorly for the first time this winter. Its dropped to under 8 degrees over night, and i have no heat in my apartment. I've tried calling the complex and there voicemail is full so i cannot leave a message. I've gone by multiple times, I went by Friday and they told me someone would be over to fix it by 6 oclock, which they have said multiple times, and of course no one came. Were having to run our small space heater and deal with it untill monday when i can go ask them AGAIN, but i dont know what to do. If i go in again and ask them to fix it monday, they wont, and its only going to get colder. I need options because we cannot live like this till May! (When our lease is up)
1 ANSWER
3 Awards
Your apartment complex is in violation of the CO Warranty of Habitability. Once you perfect your defense you then have the option of moving out or withholding rent to to make repairs. But, before doing so you must perfect your defense by sending a demand letter, providing an opportunity to cure within a "reasonable time" and then if not cured send a second demand letter with a 7 day deadline after which you may move-out or make repairs.
This is a fairly technical doctrine and you will not know if you have property perfected your defense until brought to court to defend yourself. Thus, it would be wise for you to consider hiring an attorney to assist in this process.
Good luck!
Answered on Nov 25th, 2013 at 5:09 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.