In 2024, Colorado’s habitability laws underwent significant changes, impacting both landlords and tenants. These updates came through Senate Bill 24-094, which overhauls the warranty of habitability. The prime sponsors of Colorado Senate Bill 24-094 are Senator Julie Gonzales (D-Denver) and Senator Tony Exum (D-Colorado Springs). Representative Mandy Lindsay (D-Aurora) and Representative Meg Froelich (D-Englewood) also sponsored the bill. Click here to view the updated habitability regulations.
What Does Warranty of Habitability Mean?
The law intends to ensure rental properties and units are safe and healthy living spaces. It requires landlords to provide necessities like running water, spaces protected from the elements, and clean areas, clarifies landlord responsibilities, expands tenant protections, and sets stricter timelines for repairs. Below is a list of the key changes:
Definition of Habitable Conditions: The new law expanded the definition of habitable, and now includes a broader range of uninhabitable conditions. Examples are:
- Mold associated with dampness
- Non-functioning appliances
- A leaking roof or lack of waterproofing
- Inadequate electrical lighting
- Ventilation issues
- Fire exits and elevator functionality for disabled tenants
- Gas pipes and stoves need to be safe and fully functional
- Informed tenants if there has been radon in their home
The law includes a catch-all provision that rentals “otherwise unfit for human habitation” are considered uninhabitable. The new definitions are general, not specific, and open to interpretation, forcing owners and property management companies to retain legal counsel to ensure compliance.
Stricter Timelines for Landlords: Landlords must now act more quickly on complaints regarding habitability issues. Failure to meet these deadlines creates a rebuttable presumption of negligence, which exposes owners and property managers to legal risk. The law sets out specific deadlines for initiating repairs:
- For serious issues, initiate repairs within 24 hours
- For moderate problems, initiate repairs within 96 hours
Enhanced Tenant Protections and Remedies: The new law expands a tenant’s options for remedies, such as deducting the cost of repairs from rent or seeking injunctive relief. The new law includes anti-retaliation protections for tenants who report unsafe conditions and the requirement for landlords to provide tenants with a comparable dwelling or hotel room for up to 60 days while repairs are being made.
Notice Requirements: After January 1, 2025, lease agreements must include a statement in English and Spanish where a tenant can submit notice of an uninhabitable condition and provide a physical address, online portal, or email address to deliver it. Any tenant notice and landlord remedying actions must be documented and added to the tenant records.
Owners who are too busy to keep up with all the new tenant rights laws over the last two years should consider putting their rentals under professional management. DenCO Property Management is familiar with Colorado and Denver rental property regulations, including the revamped warranty of habitability law. We have been in business since 1999 and manage 175 rentals in the DU, Washington Park, and other Denver neighborhoods. Please call 303-722-9688 or fill out this form on the contact page.
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