Colorado Renters’ Emergency Rights During Storms and Floods

Extreme weather events and natural disasters such as storms and floods can cause stress and confusion for renters in Colorado. Understanding your emergency rights as a tenant can help you keep yourself and your family safe, protect your possessions, and ensure your landlord meets their legal obligations. This guide covers what to expect, what to do, and where to go for help under Colorado law.

Your Rights as a Renter in a Storm or Flood Emergency

Colorado law recognizes that water and storm damage can make a rental home unsafe. Landlords must provide safe, habitable housing, which includes protection from the elements and working essential systems like heat, water, and electricity.^[1]

• Emergency repairs: Landlords are required to make prompt repairs to restore habitability after a storm or flood damages your unit.
• Temporary relocation: If your home is uninhabitable, you may have the right to break your lease without penalty or request temporary relocation until repairs are completed.
• No lockouts: Landlords cannot lock you out or remove your belongings during an emergency unless law enforcement orders evacuation for safety.
• Eviction limitations: Colorado restricts evictions during declared disaster emergencies in some cases. Always check the governor’s official emergency orders for updates.
• Notice requirements: Both landlords and tenants have specific notice obligations for repairs and termination. Always put your concerns in writing and keep copies.

What to Do If Your Rental Is Damaged in a Disaster

If your rental home suffers damage from a severe storm, flood, or other disaster, follow these renter-focused steps for safety, documentation, and legal protection.

• Stay safe—if your unit is unsafe, leave immediately and seek shelter.
• Document damage with photos or videos and make a list of affected items.
• Contact your landlord or property manager in writing as soon as possible, describing the damages and requesting repairs.
• Keep a written record of all communications and responses from your landlord.
• If your unit is uninhabitable and repairs are not made in a reasonable time, consult the process for a written notice to cure or quit.

Key Forms for Colorado Renters

• Colorado Tenants’ Written Notice for Repairs (Warranty of Habitability):
  Sample Tenant’s Notice to Landlord for Unsafe or Uninhabitable Conditions
  When and how to use: If your apartment or home has become unsafe—such as after a flood or major storm—send this notice to your landlord, describing the issues and requesting repairs. For example, if flooding has destroyed your carpeting or made the home moldy, you would use this form to formally request repairs and establish a timeline.
• Notice to Terminate Tenancy Due to Uninhabitability:
  Sample Tenant’s Notice of Lease Termination — Habitability
  When and how to use: If repairs are not completed in the required time after you notify your landlord, use this sample form to formally end your lease and move out without penalty.

How Colorado Handles Disputes Over Storm- or Disaster-Related Damages

Most disputes are handled by the Colorado courts, but renters can get help from the Colorado Department of Local Affairs, Division of Housing and through Legal Services. The main legislation governing rental rights in emergencies is the Colorado Revised Statutes, Title 38 (Property, Real and Personal).

Steps to Take After Storm or Flood Damage

Here are the recommended steps for renters facing storm or flood damage in Colorado:

• Report damage: Contact your landlord in writing with clear descriptions and photos.
• Request timely repairs: Use the official notice forms. Set reasonable deadlines per the habitability law.
• Keep records: Save all correspondence, photos, and receipts.
• Seek alternative housing: If your unit is unsafe, contact local shelters or state housing resources.
• Know your rights: Understand when you can break your lease or withhold rent. Always follow official procedures to avoid legal issues.

Frequently Asked Questions: Storm and Flood Emergencies in Colorado Rentals

1. Can my landlord evict me after a storm or flood?
   Eviction rules still apply, but there may be additional protections during a declared disaster. Always check state orders and get legal advice before leaving your home.
2. What if my rental is unsafe to live in after flooding?
   You can request repairs and, if not completed, may be allowed to withhold rent or terminate your lease after following required steps.
3. Does my landlord have to pay for a hotel if my unit is uninhabitable?
   Generally, landlords must make repairs, but Colorado law does not require them to cover temporary lodging unless specified in your lease.
4. Am I responsible for removing damaged property?
   Renters should secure their belongings, but landlords must address building repairs and mold from leaks or flooding.
5. Where can I get official legal help?
   The Colorado Department of Local Affairs provides resources and links to legal support for renters.

Need Help? Resources for Renters

• Colorado Department of Local Affairs, Division of Housing – Tenant and Landlord Information
• Official Colorado Habitability Law Guide – Warranty of Habitability Information
• Find Legal Help – Colorado Housing Connects
• Free Tenant Advice Line – Contact State Housing Advice
• In case of disaster evacuation, follow Colorado Division of Homeland Security & Emergency Management alerts.

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1. Warranty of Habitability Law, Colorado Revised Statutes § 38-12-503 to § 38-12-511
2. Landlord-Tenant Resources, Colorado Department of Local Affairs
3. Sample Forms, Warranty of Habitability Sample Notices
4. Emergency Orders, Colorado Governor’s Executive Orders
5. Disaster Response, Colorado Division of Homeland Security & Emergency Management

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