(1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation.
(2) A landlord breaches the warranty of habitability set forth in subsection (1) of this section if:
(a) A residential premises is uninhabitable as described in section 38-12-505 or otherwise unfit for human habitation; and
(b) The residential premises is in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and
(c) The landlord has received written notice of the condition described in paragraphs (a) and (b) of this subsection (2) and failed to cure the problem within a reasonable time.
(3) When any condition described in subsection (2) of this section is caused by the misconduct of the tenant, a member of the tenant's household, a guest or invitee of the tenant, or a person under the tenant's direction or control, the condition does not constitute a breach of the warranty of habitability. It is not misconduct by a victim of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102(9) ; or stalking under this subsection (3) if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102(9) ; or stalking and the landlord has been given written notice and evidence of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102(9) ; or stalking, as described in section 38-12-402(2)(a) .
(4) In response to the notice sent pursuant to paragraph (c) of subsection (2) of this section, a landlord may, in the landlord's discretion, move a tenant to a comparable unit after paying the reasonable costs, actually incurred, incident to the move.
(5) Except as set forth in this part 5, any agreement waiving or modifying the warranty of habitability shall be void as contrary to public policy.
(6) Nothing in this part 5 shall:
(a) Prevent a landlord from terminating a rental agreement as a result of a casualty or catastrophe to the dwelling unit without further liability to the landlord or tenant; or
(b) Preclude a landlord from initiating an action for nonpayment of rent, breach of the rental agreement, violation of section 38-12-504 , or as provided for under article 40 of title 13, C.R.S.
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