I lease a property with another individual. He is intentionally doing damage to the property despite my objections. How do I ensure that he is held financially responsible for the repairs and I am not evicted?

Thank you for reaching out. I am so sorry you’re going through this. You’re in a complicated situation, but hopefully the following information offers some clarity and a couple of next steps you can take. 

When multiple tenants share a lease, they are generally both liable for property damage because they’ve signed a contract together and agreed to uphold the lease's terms, both jointly and individually. That means you could be on the hook for some of the cost to repair the damage your co-tenant has done. However, based on what you’ve said, your landlord may be able to take action on your behalf. I recommend letting your landlord know about the damage your co-tenant has caused so your landlord can take any necessary action. 

Colorado law addresses situations like yours, specifically in Colorado Revised Statutes § 38-12-504. It states that a tenant is legally prohibited from “knowingly, intentionally, deliberately, or negligently destroying, defacing, damaging, or impairing any part of the residential premises.” If your co-tenant is doing this, your landlord may be able to evict them if the damage rises to the level of a “substantial violation.” 

Your lease should contain an implied term that you won’t commit a “substantial violation” while living there. C.R.S. § 13-40-107.5 defines a substantial violation as one that includes any act or series of acts by a tenant that occurs on or near the premises and "willfully and substantially endangers the property of the landlord, any co-tenant, or any person living on or near the premises." 

If your co-tenant is deliberately damaging the property to a degree that meets the threshold I described above, then your landlord can formally ask them to stop damaging the property and either repair it or face eviction, under Colorado Revised Statutes § 13-40-104.   

Given the financial implications you could face, I strongly recommend that you speak with a real estate attorney who specializes in Colorado landlord-tenant law. If you’d like to speak with someone from our team about the details of your situation, please book a consultation online or call our office at 303-688-0944 to find a convenient time for you.