Colorado Revised Statutes Title 38. Property Real and Personal § 38-12-508. Landlord's defenses to a claim of breach of warranty--limitations on claiming a breach

(1) It is a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from remedying or repairing the condition underlying the breach of the warranty of habitability. For a landlord to prevail on such defense to a tenant's claim of breach of the warranty of habitability, a landlord must demonstrate that:

(2) Repealed by Laws 2024, Ch. 158 (S.B. 24-094), § 7, eff. May 3, 2024.

(3) Repealed by Laws 2019, Ch. 229 (H.B. 19-1170), § 7, eff. Aug. 2, 2019.

(4) Repealed by Laws 2024, Ch. 158 (S.B. 24-094), § 7, effective May 3, 2024.

(5) If the condition alleged to breach the warranty of habitability is the result of the action or inaction of a third party not under the direction and control of the landlord and the landlord has taken reasonable, necessary, and timely steps to remedy or repair the condition, but is unable to remedy or repair the condition due to circumstances beyond the landlord's reasonable control, the tenant's only remedy is termination of the rental agreement consistent with section 38-12-507(1)(a).

(6) For public housing authorities and other housing providers receiving federal financial assistance directly from the federal government, no provision of this part 5 in direct conflict with any federal law or regulation shall be enforceable against such housing provider.