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Can I withhold rent?

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maneki

Member
What is the name of your state (only U.S. law)? Colorado

I want to get some opinions from people who know more about the law on this before I do it. We moved into this apartment in March and everything was fine until it started getting hot. The swamp cooler worked okay for a little bit then it stopped blowing cool air. The landlords sent out two different people who both said the unit was working fine, but neither came into the apartment to check how warm it was blowing. It was basically just like having a fan running. We eventually had to get a window a/c unit to make the place tolerable, it was getting above 85 degrees inside everyday, sometimes hotter. We kept the swamp cooler running since "nothing was wrong with it" and it at least acted as a fan and circulated the air. It was livable in here finally. Yesterday morning we noticed the swamp cooler wasn't blowing at all. I don't know if it stopped Monday night or Tuesday. We texted the landlords and waited. We heard back from them this morning saying they were sending someone out in an hour. 2 1/2 hours later we contacted the landlords again because no one had come by. They said the guy had already been here and everything was working fine. Um, no, no one had come and it still wasn't working at all. We told them again that it wasn't blowing at all and they sent the guy back over. This time he came to the door and came in, confirmed it wasn't blowing, and said he'd go check it. He came back a little bit later and said the duct was completely separated and that's why it wasn't working. If he'd actually been here earlier why didn't he see that? But, whatever. Anyway, the only access panel to the ducts is apparently through our neighbors apartment. So he said he'd contact the landlords and see what they could do. Try to get permission from our neighbors to get in to the access panel. Now we are waiting again.

I am hoping this will get fixed today, tomorrow at the latest, but at this point I'm not holding my breath. I told all my friends about this and their advice was all to withhold rent until it's fixed. I know there are only certain situations where that is a viable option, and it has to be done in a specific way, right? Is that an option I have here?
 


Gail in Georgia

Senior Member
Attached is a good article that discusses the issues that can make a rental unit in your state uninhabitable. Notice (as in many states), a source of heating is required; air conditioning is not.

If you follow your friends advice, you may find yourself facing an eviction because of this:

http://www.ncsl.org/research/environment-and-natural-resources/colorado-landlord-and-tenant-duties.aspx

Gail
 

maneki

Member
Thank you for that link. Very helpful. This is why I wanted to check instead of just doing it.

Personal feelings on it - a/c sure as hell SHOULD be included when you live in an area that reaches over 100 on a regular basis for months. But my feelings are irrelevant. :(
 

Gail in Georgia

Senior Member
Swamp coolers would adequately in low humidity areas (I don't know if your area is one of these).

For other parts of the country, the window or central AC units are better (for example, swamp coolers aren't really popular in my neck of the woods here in high humidity Georgia) The good news is that many of the window AC units are now "energy efficient" to help with electrical bills.

Gail
 

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