Denverb- A recent cold spell across the Denver metro area has left numerous renters without heat for days, raising concerns about safety and prompting a closer look at renters’ rights in the face of heating issues.
Under Colorado’s Warranty of Habitability law, tenants are afforded protection, placing the responsibility on landlords to ensure their properties are safe and livable, including the provision of working heating systems.
Jeff Peshut, an assistant professor of finance and real estate at MSU Denver, emphasized that premises lacking functioning heating services are considered uninhabitable, prompting tenants to take action. Peshut advised tenants to initiate the process by providing landlords with a written notice outlining health or safety concerns.
“It’s essential to provide that initial notice in order to protect your rights,” explained Peshut. “Once you’ve given that notice, you’re much more free to take matters into your own hands.”
According to the law, landlords must respond within 24 hours, detailing the efforts they are undertaking to address the heating issue and assist the tenant. Peshut suggested that landlords may need to make alternative accommodations, such as providing temporary housing in a hotel or supplying a portable heater until the primary heating system is fixed.
In emergency situations, landlords have a 24-hour window to initiate repairs. However, if a landlord fails to respond, tenants are within their rights to escalate the matter. A second complaint can be filed, outlining the tenant’s intended course of action, which may include securing alternative lodging or acquiring a space heater, with the expectation that the landlord covers associated costs.
“Don’t be afraid to take action on your own,” urged Peshut.
The assistant professor highlighted that while the verbatim of the law might not be explicitly outlined in a tenant’s lease, it is implied that landlords are committing to providing habitable and livable premises.
The state law also addresses various other issues, encompassing mold, pests, gas and plumbing problems, lack of cold and hot running water, sewage disposal issues, among others. Tenants are encouraged to retain copies of all correspondence with their landlords and explore legal avenues if necessary.
As the winter chill persists, Denver renters are advised to be aware of their rights and take proactive steps to ensure their living conditions meet the standards set forth in Colorado’s Warranty of Habitability law.