In Colorado, a tenant who is constructively evicted (landlord makes the unit uninhabitable) may:
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.
People Also Study
Related Colorado Questions
- Under Colorado law, a landlord must provide a written notice to cure or quit before filing for eviction for a lease violation (other than nonpayment of rent). This notice period is typically:Property Management
- Under Colorado's 'warranty of habitability,' a tenant may seek which remedy if the landlord fails to repair a serious habitability issue after proper notice?Property Management
- In Colorado, a landlord who wants to evict a tenant for nonpayment of rent must first provide which notice?Property Management
- In Colorado, when can a landlord enter a tenant's unit without prior notice?Property Management
- A Colorado commercial tenant leases 4,000 sq ft at $24/sq ft/year on a gross lease (landlord pays all expenses). Operating expenses are $8/sq ft/year. What is the property's NOI attributable to this tenant?Real Estate Math
- In Colorado, a broker who represents both landlord and tenant in a lease transaction acts most appropriately as:Agency
- A Colorado tenant signs a 12-month lease at $1,800/month. The lease requires a security deposit equal to 2 months' rent. The tenant pays first month, last month, and security deposit upfront. What is the total amount paid at move-in?Real Estate Math
- A Colorado apartment unit rents for $1,600/month. Over a 12-month lease, the tenant is given 1 month free. What is the effective monthly rent?Real Estate Math
Key Terms to Know
A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Earnest MoneyA deposit made by the buyer when submitting a purchase offer, demonstrating serious intent and serving as consideration for the contract.
ContingencyA condition in a purchase contract that must be satisfied before the sale can proceed to closing.
Purchase AgreementA legally binding contract between a buyer and seller that outlines the terms and conditions of a real estate sale.
Study This Topic
Practice More Colorado Real Estate Questions
1,400+ questions covering all exam topics. Start free — no signup required.
Take the Free Colorado Quiz →