Landlords facing any claim of the breach of the warranty of habitability may have defenses available to the action by their tenant. Some defenses are provided by statute, where certain defenses and limitations on tenant actions and remedies are specifically enumerated.
Every lease agreement carries with it an implied warranty of habitability. That is, the landlord warrants to the tenant that the premises leased to the tenant for the purpose of habitation is in fact suitable for human habitation. This does not need to be written in your lease in order to be in effect; the implied warranty of habitability is implied in every lease agreement.
Security deposit disputes are a common occurrence between renters and landlords in Denver and the surrounding state of Colorado. Having an attorney like Nathaniel Gilbert can be a big advantage in negotiating and navigating the rules, requirements and deadlines associated with the process of disputing a security deposit.
Security deposits for commercial, residential, agricultural, and recreational leases are strictly regulated in Colorado. While these deposits help the landlord to cover damages or other expenses that may be incurred due to tenant departure, tenants are entitled to the return of monies not properly accounted for.