A lockout occurs when a landlord takes some action on his/her own to evict a tenant. Lockouts include such actions as changing the locks, installing a padlock or turning off the utilities. Basically, the action is designed to keep you out of the rental unit. No matter how justified your landlord may think he/she is in forcing you out of the unit, lockouts are illegal in Colorado. If your landlord believes there are reasons to evict you, legal remedies and methods are provided to get you out and the landlord must follow those legal procedures. However, even though lockouts are illegal, they are not violations of criminal laws and your landlord cannot be arrested for locking you out.

If you have been locked out, it is best not to risk reentering the unit on your own. Contact an attorney, an appropriate community agency, police department or legal services immediately.

There is no warranty of habitability in Colorado. This means that the old rule of "buyer beware" applies and that landlords do not guarantee that the units they are renting are in livable condition or that the premises will be maintained. In some cases, however, local city or county ordinances may substitute for this missing guarantee.

Local Housing, Building and Health codes often provide minimum standards which landlords must follow. In general, these codes will cover the following:

1. The roof must be structurally sound with no holes or major leaks.
2. The unit must be safe, with no loose stairs or railings, etc.
3. The equipment in the unit must be safe to use and in working order.
4. Electrical outlets must be working and safe to use.
5. There must be adequate heat along with a means of ventilation.

Some cities and counties have their own local standards which may include other items. Your questions should be directed to your local code enforcement office or building inspector.

Even though there is no warranty of habitability in Colorado, the law does state that landlords guarantee a tenant the right to exclusive and undisturbed possession of the rental unit or a right to "quiet enjoyment." In other words, your landlord cannot interfere with your ability to use and enjoy your apartment or house.

Constructive eviction is linked to the promise of quiet enjoyment. A constructive eviction may occur when your landlord acts or fails to act in such a way to make your rental unit unfit for occupancy.

Constructive eviction is not a lawsuit a tenant files against a landlord. It can, however, be a defense against a lawsuit your landlord files against you if the defect developed after you moved in or if you didn't know about the problem when you moved into the unit.

If you believe that your health or well being is threatened, or that you are not receiving the benefits you normally would expect from payment of rent, you can notify your landlord of your intent to immediately move out and the specific reasons why you are moving. To protect yourself in case your landlord sues you, document the problem.

You will have to prove that the problem was serious enough to justify your actions and that you tried to remedy the problem before you moved out.

If you believe that a constructive eviction may apply to your living situation, you should consult a lawyer right away. Constructive eviction is a fairly complex area of law and professional assistance can be valuable and prevent problems later.

Any time an employee of a company or organization which provides gas service to a residential building becomes aware of any hazardous conditions of a gas appliance, piping or other gas equipment, the employee shall inform the customer of record of the affected address in writing of the hazardous condition. Such written notification shall state the potential nature of the hazardous condition as a fire hazard or a hazard to life, health, property, or public welfare and shall explain the possible cause of the hazard.

If the resident of the residential building is a tenant, the tenant shall immediately inform the landlord of the property or the landlord's agent in writing of the existence of a hazard.

The landlord shall then have seventy-two hours (excluding a Saturday, Sunday or a legal holiday) after the actual receipt of the written notice of the hazardous condition to have the hazardous condition repaired by a professional.

If the landlord does not have the repairs made as required, and the condition of the building remains hazardous, the tenant may opt to vacate the premises.

After the tenant vacates the premises, the lease or other rental agreement between the landlord and tenant becomes null and void, all rights and future obligations between the landlord and tenant pursuant to the lease or other rental agreement terminate, and the tenant may demand the immediate return of all or any portion of the security deposit held by the landlord to which the tenant is entitled. The landlord shall have seventy-two hours following tenant' s vacation of the premises to deliver to the tenant all of, or the appropriate portion of, the security deposit plus any rent rebate owed to the tenant for rent paid by the tenant for the period of time after the tenant has vacated.

Source: "A Landlord - Tenant Relations Guide - 1997", A Publication of
Pikes Peak/Arkansas River Legal Aid and City of Colorado Springs Human Relations Office