Location: Colorado
Hi folks, I just moved to Denver from NYC and it has been stressful to say the least. I made the (admittedly dumb) decision to Facetime properties and signed a lease for a house for $2800/month in West Highland owned by a young couple after a tour. The lease was signed on Zillow, and I can attach it here if helpful.
Upon getting the keys on Tuesday evening, and seeing the house for the first time in-person, I discovered that it was much less clean than the photos on Zillow/Trulia. The oven is extremely dirty, the floors are rotting, the paint is chipping in every room, all of the kitchen cabinet interiors were disgusting and needed to be scrubbed down – the siding on the cabinets was also peeling. I also found a hole in one of the kitchen cabinets and mouse or rat poop inside, indicating a vermin infestation.
On Wednesday, I walked through the property with the landlord and asked to break the lease, and gave him back the keys. I did not move anything into the space. The landlord was respectful of my decision but said he’d have to read over the lease to understand what to do with the amount I paid (security deposit of $2800 and September rent of $2800).
He emailed me today to tell me that he is willing to give me back the security deposit, but wants to keep the September rent for the inconvenience of needing to find a tenant. I responded by telling him that the apartment was not move-in ready and had a rodent infestation, and I would like to compromise by splitting the September rent for his troubles (he would keep $1400, but pay me back $1400 + security deposit). He says he is standing firm on his initial offer to keep September rent and is already in the process of addressing the rodent issue/willing to make repairs on the house.
My ask is: what leverage do I have here? I know there is a Warranty of Habitability in Colorado but I can’t figure out if – because he’s offering to remedy the situation – it voids the Warranty of Habitability on my end. The apartment was not move-in ready and is not inhabitable, so I think technically he can’t charge rent until it is inhabitable, though I am not sure. I am hoping the rodent infestation voids the lease.
Anyways, I would appreciate any opinions. A few photos of the “move-in condition” of the place are here: https://imgur.com/a/45MfzIy