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A minor mold issue won't provide tenants with ample legal justification to stop paying rent.
Whether mould is considered to be fair wear and tear depends on the cause. If there is evidence to show that the mould has been caused by the negligence of the tenants and advice and regular maintenance has been supplied by the landlord or letting agent, then compensation can be claimed.
If the problem relates to a nonemergency repair, a landlord has 96 hours to start fixing the problem. If the issue is mold, a landlord must respond within 96 hours with a plan to contain the mold, stop the water sources causing the mold and install an air filter.
More specifically, the bill states that a residential premises is uninhabitable if there is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding
Tenant Self-Help Strategies in ColoradoThe first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable.
Technically, there's no state law that gives tenants the right to withhold rent. But the law does protect tenants from eviction if they stop paying rent when their landlord violates Colorado's implied warranty of habitabilityin essence, creating the right to withhold rent in a backdoor way.