Landlords remain responsible for habitability, pests and drug‑contamination remediation, presenter warns

Presenter Elise Aken reminded landlords that certain maintenance and safety obligations are statutory and cannot be waived or reduced through lease provisions.

Aken summarized the warranty-of-habitability requirements cited in the presentation: functioning plumbing, heating, running water, working windows and doors with locks, maintained common areas, pest extermination and safe garbage facilities. She warned landlords that courts may award substantial damages if habitability conditions are ignored.

On pests and contamination, Aken said landlords are responsible for addressing infestations discovered after move-in as part of habitability. She noted Colorado has a statutory prohibition on renting property with bed bugs and requires proper extermination protocols before re-renting. Aken also identified meth contamination as a growing concern; landlords who know of meth use must test and remediate — remediation can be extensive and insurance often does not cover it.

She recommended landlords confirm insurance coverage for contamination risk and follow municipal registration and disclosure requirements (Fort Collins, Boulder and Denver have differing local rules). The presenter also said tenants have parallel duties to keep units clean, promptly report uninhabitable conditions and not intentionally damage property; landlords may enforce those obligations but cannot contractually eliminate their own maintenance duties.

The panel closed by noting resources and a recording will be shared for attendees seeking detailed remediation protocols and local forms.