Can a Renter Withhold Rent Due to Problems With the Property?

Dylan Becker
By: Dylan Becker
PublishedAug 7, 2020
1 minute read

Has your tenant claimed a breach of the warranty of habitability? There are a couple things that need to happen before your tenant can withhold rent from you.

Eviction Attorney Dylan Becker briefly goes over how a landlord can handle this kind of claim in Colorado.

When Can My Tenant Withhold Rent?

A common defense to an eviction action based on nonpayment of rent is when a tenant withholds that rent based on a breach of the warranty of habitability. So it’s important to know how that defense works and when it’s going to be effective.

What Can Be Done?

So first, a tenant can’t withhold rent simply because a breach of the warranty of habitability occurred. Instead, if they have spent money to remediate the problem, then they will be able to deduct that amount from rent.

And further, before they deduct that amount from rent, they need to give proper notice to the landlord, which is going to be 10 days time.

Talk to a Landlord Attorney 

Whether your rental property is your livelihood or a side hustle, it’s important that you be paid. Our landlord attorneys can discuss your legal rights and obligations to ensure your tenants pay you. To set up a case assessment, give us a call at 303-688-0944 or click here to schedule online.

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