Providing a safe and habitable rental property is imperative for a landlord. But ongoing maintenance requirements are also written into any lease agreement. Both the landlord and the tenant have specific obligations regarding maintenance. These obligations are listed in the lease agreement and its best to review them with your tenant at move-in.
Since it is the landlord’s obligation to keep the property in a “fit and habitable condition,” failure to comply with any of the following prior to or during a tenancy will render the property uninhabitable under Colorado law:
- waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;
- plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
- running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
- functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
- electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;
- common areas and areas under the control of landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin;
- appropriate extermination in response to the infestation of rodents or vermin throughout the premises;
- an adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair;
- floors, stairways, and railings maintained in good repair;
- locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; and
- compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant’s life, health, or safety.
The tenant is similarly obligated to not destroy, deface, damage, impair or remove any part of the premises or surrounding property. In addition, informing the landlord of any unsafe conditions that requires inspection or attention is the obligation of the tenant. Other specific obligations of the tenant include the following:
- comply with applicable provisions of building, health, and housing codes materially affecting health and safety;
- keep the premises reasonably clean, safe, and sanitary as permitted by the conditions of the premises;
- dispose of ashes, garbage, rubbish, and other waste from the premises in a clean, safe, sanitary, and legally compliant manner;
- use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the premises;
- conduct himself or herself and require other persons in the premises within the tenant’s control to conduct themselves in a manner that does not disturb their neighbors’ peaceful enjoyment of the neighbors’ dwelling unit; and
- promptly notify landlord if the premises is uninhabitable as defined in C.R.S. § 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied.