Residential Tenants Health And Safety Act

In 2019 the Colorado legislature passed House Bill 1170 concerning increasing tenant protections relating to the residential warranty of habitability.


The following summary of the bill is provided by the legislature.

Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises, and a landlord commits a breach of the warranty (breach) if:

The bill states that a landlord breaches the warranty if a residential premises is:

Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the bill adds 2 conditions; specifically, a residential premises is uninhabitable if:

The bill grants to county courts jurisdiction to provide injunctive relief related to a breach.

Current law requires a tenant to serve written notice upon a landlord before the landlord may be held liable for a breach. The bill expands the acceptable form of such notice to include electronic notice.

The bill also:

The bill states that if the same condition that substantially caused a breach recurs within 6 months after the condition is repaired or remedied, other than a condition that merely involves a nonfunctioning appliance, the tenant may terminate the rental agreement 14 days after providing the landlord written or electronic notice of the tenant's intent to do so. In the case of a condition that merely involves a nonfunctioning appliance, if the landlord remedies the condition within 14 days after receiving the notice, the tenant may not terminate the rental agreement.