You may have grounds to sue your property manager for negligence and incompetence if they failed to properly maintain the property despite your requests for an inspection. However, among the requirements for a successful lawsuit would require proving you suffered actual harm, which could be financial or physical. The property manager must have a duty to act, and their failure to act must cause your injury.

Depending on the condition of your property, under Colorado’s Warranty of Habitability Statute (C.R.S. § 38-12-503), landlords and their agents (including property managers) must maintain rental properties in livable conditions. If the rental became uninhabitable due to the manager’s neglect, you could invoke habitability rights, such as:

• Withholding rent or deducting repair costs under the doctrine of repair and deduct (C.R.S. § 38-12-507).

• Breaking the lease without penalty if the property is legally uninhabitable.

• Suing for damages, including the cost of temporary housing, if you had to vacate.

Our lead evictions partner Kayla Banzali was an expert on Fox31 regarding a sewage issue and the warranty of habitability that you may find interesting.

If the property manager was grossly incompetent or failed in their contractual obligations, you may also have a claim for breach of contract if their negligence violated specific terms of the management agreement.

Please contact one of our landlord tenant attorneys if you would like to discuss your rights.