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Keep in mind that a Colorado tenant may withhold rent if they consider that the unit is not habitable and/or contains a potential health hazard for them.
Signed into law on June 6, 2023, and effective this August, this bill restricts landlords (with some exceptions) from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. It also places a cap on security deposits.
In Colorado specifically, if a building fails structural, health, and safety standards, renters have a right to withhold rent. Before withholding rent, renters must make sure that the circumstances truly justify their right to withhold rent. Otherwise, it may give the landlord justification to evict them.
NOTICE OF FAILURE TO PAY RENT To date, we have not received your full monthly rent payment. Please understand that failure to pay rent is the most frequent cause for tenants to lose their housing, and we are concerned about the balance due from you. Presently, you have an amount due of $________________________.
The absence of a front entrance makes our house unfit. By hand-delivering this notice to you today, August 5, I am giving you reasonable notice as required by law. If the porch is not repaired by August 10, I will withhold rent until it is.