QUESTION

What are my rights as a tenant after sewage has leaked out in my basement due to a plumber issue?

Asked on Sep 09th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
We have had sewage water coming up through the toilet and shower in the basement, out on the toilet floor and going through the walls out onto adjacent floors. the stench is unbearable. My landlord is not wanting to use professionals for clean-up but instead the handy man who, in my opinion, is not very competent. Instead of tearing out and replacing the carpet, they will disinfect with bleach etc. I am worried they will not tear up the walls in between as well as the shower stall and that the tile in the bathroom (which is porous and has absorbed a ll the sewage water) will not be replaced but just cleaned on the surface. I am worried there will still be lots of bad smell remaining. What are my rights in terms of demanding a satisfactory result? Must they arrange for alternative living (hotel?) before this is resolved? Is bad odor reason to break the lease? Any advice? Thank you so much!
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
You may have a Breach of the Warranty of Habitability claim which would allow  you to break your lease an move.  However, this must be perfected and only serves as a defense should your landlord chase you for damages after you depart. You issue will be does a dangerous or hazardous condition remain after the landlord makes his repairs.   Good Luck!
Answered on Sep 09th, 2013 at 3:17 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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