How Do I Break a Lease Early in Colorado?
Full Question:
Answer:
If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises. Some of the factors that may be considered, among others, include the reasons for turning down the prospective tenants and whether the landlord is in fact out of town and unable to show the premises.
It may be possible to negotiate with the landlord for early termination, although the landlord will typically want some form of compensation for letting you out of the lease. You might offer to find a suitable replacement tenant as well.
Please see the following CO statute:
38-12-507. Breach of warranty of habitability — tenant's remedies.
(1) If there is a breach of the warranty of habitability as set forth in
section 38-12-503(2), the following provisions shall apply:
(a) Upon no less than ten and no more than thirty days written notice to
the landlord specifying the condition alleged to breach the warranty of
habitability and giving the landlord five business days from the receipt of
the written notice to remedy the breach, a tenant may terminate the rental
agreement by surrendering possession of the dwelling unit. If the breach is
remediable by repairs, the payment of damages, or otherwise and the
landlord adequately remedies the breach within five business days of
receipt of the notice, the rental agreement shall not terminate by reason
of the breach.
(b) A tenant may obtain injunctive relief for breach of the warranty of
habitability in any court of competent jurisdiction. In any proceeding for
injunctive relief, the court shall determine actual damages for a breach of
the warranty at the time the court orders the injunctive relief. A landlord
shall not be subject to any court order for injunctive relief if the
landlord tenders the actual damages to the court within two business days
of the order. Upon application by the tenant, the court shall immediately
release to the tenant the damages paid by the landlord. If the tenant
vacates the leased premises, the landlord shall not be permitted to rent
the premises again until such time as the unit would be in compliance with
the warranty of habitability set forth in section 38-12-503(1).
(c) In an action for possession based upon nonpayment of rent in which the
tenant asserts a defense to possession based upon the landlord's alleged
breach of the warranty of habitability, upon the filing of the tenant's
answer the court shall order the tenant to pay into the registry of the
court all or part of the rent accrued after due consideration of expenses
already incurred by the tenant based upon the landlord's breach of the
warranty of habitability.
(d) Whether asserted as a claim or counterclaim, a tenant may recover
damages directly arising from a breach of the warranty of habitability,
which may include, but are not limited to, any reduction in the fair rental
value of the dwelling unit, in any court of competent jurisdiction.
(2) If a rental agreement contains a provision for either party in an
action related to the rental agreement to obtain attorney fees and costs,
then the prevailing party in any action brought under this part 5 shall be
entitled to recover reasonable attorney fees and costs.
