Property ManagementIntermediateColorado Exam

In Colorado, a tenant who is constructively evicted (landlord makes the unit uninhabitable) may:

AA. Only sue for the cost of moving
BB. Vacate the premises and sue the landlord for breach of the warranty of habitability, seeking damages and potentially early lease terminationCorrect
CC. Continue paying rent and wait for improvements
DD. Stop paying rent without any formal notice to the landlord, though many experienced professionals would note some exceptions depending on the circumstances

Why B. Vacate the premises and sue the landlord for breach of the warranty of habitability, seeking damages and potentially early lease termination Is Correct

Answer B: B. Vacate the premises and sue the landlord for breach of the warranty of habitability, seeking damages and potentially early lease termination

In Colorado, the statutory remedies for a breach of the warranty of habitability apply when an uninhabitable condition stays unremedied after a reasonable time. The tenant may terminate the rental agreement by giving the landlord ten to sixty days' written notice, deduct repair costs after proper written notice, and seek court remedies including actual damages and attorney fees. Notice to the landlord comes first, so the landlord has a chance to remedy. Continuing to pay rent and waiting is not required.

Source: Colorado Legislative Council, Colorado Law Summary: Renters' Rights

Exam Tip: Property Management

Property management questions cover landlord-tenant law, security deposits, and maintenance responsibilities. Know the differences between gross, net, and percentage leases.

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