Maintenance and repairs can be a source of conflict between tenants and landlords. Unfortunately, under Colorado law, unless there is an agreement to the contrary between the landlord and the tenant, the landlord may not be responsible for any repairs to the rental property. While the City of Boulder's Housing Code shifts some of the responsibility back to the landlord, tenants may encounter difficulty getting repairs made.
Determining Who is Responsible for Repairs
Read the paragraphs below to help you determine who is responsible for repairs on your apartment.
1. There is a local Housing Code that sets minimum standards for housing in the City of Boulder. This Code covers basic living conditions only, such as plumbing, water supply, electrical ser!vices, mechanical and heating equipment, cooking devices, windows, screens, doors and egress, floors, walls, ceilings, stairways, and safe maintenance of utilities and equipment. The Rental Licensing Ordinance states that, to be rented, a rental unit in the City of Boulder must meet the standards established in the Housing Code. See section on Boulder Housing Code. The Boulder Housing Inspection Office holds that a landlord is responsible for making and paying for any repairs necessary for the rental unit to meet those standards. It is unclear whether the opinion of the Boulder Housing Inspection Office creates a legally enforceable right in the tenant. Some landlords delegate these responsibilities to their tenants in their lease. This practice may then constitute a legal agreement between the landlord and the tenant.
2. Examine your lease carefully to determine who is responsible for repairs. If your lease specifies that the landlord is responsible for repairing or maintaining the premises, then he/she must make repairs. Regardless of what your lease says, it never hurts to ask your landlord to make repairs.
3. Your landlord must make repairs if you have an agreement (written or oral) establishing his/her responsibility (such as a promise by the landlord to make specific repairs by a certain date).
Unless the Housing Code applies or there is a specific agreement between the landlord and the tenant specifying the landlord's maintenance responsibilities, the law does not enable a tenant to demand that maintenance work be done. A tenant who withholds rent until repairs are made may be legally evicted for non-payment of rent. Colorado law is unclear on whether a tenant can make repairs himself/herself and then deduct these costs from the rent. It is therefore not advisable to do so.
How to Get Repairs and Enforce the Housing Code
Whether your landlord is already responsible for repairs or you are trying to get the landlord to agree to make repairs, follow the step-by-step instructions below. These steps should also be used to enforce the City of Boulder's Housing Code. The process may not always run smoothly, so be persistent but patient! If this process is not working well for you, mediation may help. See Mediation.
1. If you need a repair or if you believe that the Housing Code is being violated at your residence, the first step is to inform your landlord. Many landlords will respond immediately to your request for repairs. You may be able to help your landlord by agreeing to get estimates or by arranging to be home when the repair person arrives or by offering to do the work yourself. Be reasonable in allowing the landlord time to make the repairs.
2. If repairs are slow in coming or if you doubt your landlord's responsiveness, use the Housing Code (see Boulder Housing Code) as a basis for negotiating with your landlord and for clarifying his/her responsibilities. Follow up your in-person or over-the-phone request with a written note, so both you and your landlord have a record of the request. As a general rule, oral agreements are discouraged because if the landlord chooses to disregard his/her assurance, it will be his/her word against yours. Explain your request for the repairs and try to get a time commitment for completion. Try to get your landlord's agreements or promises IN WRITING.
3. If your landlord does not give you his/her agreement in writing, follow up with a letter confirming any oral agreement, including what was agreed by whom and by when. Keep a copy. A model letter is provided in the Appendix.
4. If the defect is a violation of the Housing Code and if no action has been taken by the landlord to correct the problem, follow up with a second letter, this time sent by registered mail. Restate the terms of the agreement, if any, and inform the landlord that you intend to call the Boulder Housing Inspector unless repairs are made by a certain date (about 3 to 5 days).
5. If the landlord still does not respond, or if the nature of the defect necessitates immediate attention, call the City of Boulder Housing Inspection Department (441-3152). Record the time, date, and the name of the person with whom you spoke. Inform the Inspector of the address of the property, the name of the landlord, the defect(s), and the specific efforts you have made to date. Documenting a step-by-step account of the process taken to alleviate the problem will serve as protection in case you are faced with some type of retaliation by your landlord in the future.
6. While the process may be time consuming, the Housing Inspector's Office guarantees that any Housing Code violations will be corrected. The Housing Inspector will be accompanied by an agent of the landlord when entering any rental units. If, during the inspection, it becomes apparent that the tenant is also violating a requirement of the code (such as excessive uncleanliness), the tenant may also be issued a notice of violation. A written report is completed by the Inspector following the inspection. The tenant may call the Housing Inspection Office and request a copy of the inspection report. If code violations exist, the landlord will be informed and a corrective date set. Emergency problems will usually be corrected in one or two days, or the building may be closed. For the average violation, thirty days is generally allowed. The Inspector will contact the landlord when the correction period is up and make every attempt to get the problem corrected without legal proceedings. If the violation has not been corrected the landlord may be given an extension. Continued negligence on the part of the landlord, however, will be met with court action by the Housing Inspection Office. Remember, you cannot be evicted for complaining to the Housing Inspector though it will certainly place a strain on your relationship with your landlord. If you landlord attempts to evict you, seek legal advice immediately.
On Making Repairs Yourself
On occasion, your landlord will agree to let you make repairs yourself. Follow up any oral agreement regarding such repairs and who will pay the cost of them with a letter confirming this agreement, including the specific repairs to be made, estimates of their costs, and a statement of who will pay for them.
If the landlord does not make repairs that he/she is obligated to make (as according to your lease or some other specific agreement with your landlord), you may wish to make those repairs yourself (or contract with a repair person). First, write a letter to your landlord, reminding him/her of the agreement. If there is no response to the letter, you might send one more letter stating your intention to make repairs yourself or to hire a contractor, and that you are holding the landlord responsible for the cost. Keep receipts, log hours spent, affix a cost to them, and send the landlord the bill. If he/she does not reimburse you, sue him/her in Small Claims Court after your tenancy has terminated, in a procedure similar to suing for return of damage deposit. Photographs taken before and after your repair work can serve as excellent documentation. Do not withhold repair costs from your rent without the express written permission of your landlord. Failure to make full and timely payment of rent could result in eviction.
One hazard about doing repairs yourself is that your landlord may hold you responsible for further damages if he/she finds your repair work inadequate. Your lease may also forbid tenants from performing any repairs or alterations to the premises.
If No One Makes Repairs
If the landlord was obligated to make the needed repairs (through your lease or some other agreement), and neither you nor the landlord made those repairs, you may be able to receive some financial compensation for not having the repairs. Try to determine how much less your apartment was worth to you because the repairs were not made. Try to negotiate with your landlord for a decrease in your rent. Do not withhold this from your rent without the express written permission of your landlord. If your landlord does not give you such permission, you can sue for reimbursement (on the basis of diminished value of the premises). Consult an attorney before you attempt this.