Can I Break My Lease for Damage to My Apartment?
Full Question:
Answer:
The answer will depend on the cause of the damage. It may have been caused by negligence or intentional conduct. Intentional misconduct is often covered by criminal charges, rather than bringing a civil claim for damages. If it can be proven that the landlord had a duty to secure the premises and the landlord's actions or lack of action caused foreseeable losses, it is possible a civil claim for damages may be brought. If it is possible that your own actions contributed to the damages, a contributory negligence defense may bar or reduce a recovery. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved.
If you have a lease, the lease terms may contain terms for early termination. 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.
Please see the following Co statutes to determine applicability:
18-4-501. Criminal mischief.
(1) A person who knowingly damages the real or personal property of one or
more other persons, including property owned by the person jointly with
another person or property owned by the person in which another person has
a possessory or proprietary interest, in the course of a single criminal
episode commits a class 2 misdemeanor where the aggregate damage to the
real or personal property is less than five hundred dollars. Where the
aggregate damage to the real or personal property is five hundred dollars
or more but less than one thousand dollars, the person commits a class 1
misdemeanor. Where the aggregate damage to the real or personal property is
one thousand dollars or more but less than twenty thousand dollars, the
person commits a class 4 felony. Where the aggregate damage to the real or
personal property is twenty thousand dollars or more, the person commits a
class 3 felony.
(2) If the court determines on the record that the underlying factual
basis for any conviction of criminal mischief pursuant to subsection (1) of
this section, or adjudication as a juvenile delinquent for an act that
would constitute criminal mischief pursuant to subsection (1) of this
section if committed by an adult, involves defacing property as described
in section 18-4-509, the offender's driver's license shall be revoked as
provided in section 42-2-125, C.R.S.
(3) If the court determines on the record that the underlying factual
basis for a conviction of criminal mischief pursuant to subsection (1) of
this section, or adjudication as a juvenile delinquent for an act that
would constitute criminal mischief pursuant to subsection (1) of this
section if committed by an adult, involves damage to a motor vehicle, as
defined in section 18-4-409(1)(a), the offender's driver's license shall
be revoked as provided in section 42-2-125, C.R.S.
18-4-502. First degree criminal trespass.
A person commits the crime of first degree criminal trespass if such
person knowingly and unlawfully enters or remains in a dwelling of another
or if such person enters any motor vehicle with intent to commit a crime
therein. First degree criminal trespass is a class 5 felony.
