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4 years ago
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do we have to pay rent or move back into house

had landlord caused problems in a house . had to move out while repairs were made. Can owner make us move back in and live out lease or charge us for time unable to live in home?
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4 years ago
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Hi Erna,

These rules would vary state by state and consulting your landlord-tenant rights handbook would be the best thing. Here is a link to Colorado's division of housing: http://dola.colorado.gov/cdh/renters/index.htm (check out page 11)

However, here, at least the landlord must put you up while repairs are being made and you are not charged for it.

I do not know whether or not the fact that your home became uninhabitable, but then was fixed to be deemed inhabitable again, would void your lease.
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4 years ago
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You should be able to claim that the need for you to move out was a "constructive eviction" which should release you from liability on the lease.
Boulder court systems are typically tenant friendly.

This information was taken form rentlaw

http://www.rentlaw.com/eviction/coeviction.htm

Uninhabitable Premises-Constructive Eviction Unless otherwise expressly agreed, there is an implied agreement in every lease for real property that the landlord will refrain from acts or omissions which interfere with the tenant's right of peaceable enjoyment of the premises. If this implied agreement is breached by the landlord, either by act or by omission, resulting in the premises becoming legally uninhabitable, the tenant may vacate the premises, terminate the lease, and owe no further rent. To exercise this remedy, the tenant must abandon the premises. Before the tenant is justified in moving out, the landlord must also have been given notice of the problem by the tenant and a reasonable time in which to remedy the situation. A tenant should get legal advice from an attorney prior to exercising this remedy. Only in extreme conditions may a tenant vacate the premises and stop paying rent. This remedy should never be attempted without first talking to an attorney.
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