What to do when a warranty of habitability with a medical accommodation letter is ignored, and there's active mold and bacterial growth in the house. What area of law does this question concern?
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Based on the information you’ve provided, the issue with your landlord could be both a violation of your lease agreement and a violation of federal and state housing laws. Let me explain.
Every residential lease in Colorado should include a provision about the Implied Warranty of Habitability. This mandatory provision requires landlords to have habitable rental properties and to take prompt steps to remediate issues reported by tenants. The timeframe (cure period) landlords have to fix the problem varies based on the severity of the issue, but your medical proof triggers a 24-hour cure period. Note that Colorado law gives landlords four days to administer mold mitigation.
If your landlord fails to respond to your request within the cure period, they would be violating Colorado law. Your accommodation letter establishes the medical urgency of your request, significantly bolstering your legal standing, potentially enabling you to:
Terminate the lease penalty-free
Seek reimbursement through rent reduction for out-of-pocket repairs
Seek retroactive rent reduction for the uninhabitable time period
Argue retaliation if your landlord tries to evict you
Sue to recover damages
In addition to that violation, you may also have a civil rights claim. Under both the Federal Fair Housing Act (FHA) and the Colorado Anti-Discrimination Act, landlords are required to make reasonable accommodations for tenants with disabilities. If you have a medical condition exacerbated by mold that your landlord is choosing to disregard, it becomes a disability rights issue. While warranty of habitability claims can help you terminate a lease without penalty or recover rent money for hazardous living conditions, fair housing claims can result in punitive damages and recovered attorney’s fees. Both of these legal remedies may be available to you.
I suggest confirming that your landlord has received your medical accommodation letter and booking a consultation with one of the attorneys from my Landlord-Tenant Team. We’re experienced in handling cases like yours. Given the serious nature of your claims, I believe we are more than equipped to help you proceed with the next steps.
