# C.R.S. § 38-12-508: 38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a

> Colorado · Statutes · Repealed

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-508

## Section

- **Citation:** C.R.S. § 38-12-508
- **Heading:** 38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** Repealed
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 38 / Article 12 / Part 5 / Section 38-12-508

## Text

38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach. (1) It is a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from remedying or repairing the condition underlying the breach of the warranty of habitability. For a landlord to prevail on such defense to a tenant's claim of breach of the warranty of habitability, a landlord must demonstrate that:

(a) The tenant:

(I) Refused to provide or accept a proposed reasonable alternative date and time for entry into the dwelling unit;

(II) Unreasonably denied entry to the dwelling unit; or

(III) Engaged in any other action or inaction that unreasonably delayed or otherwise prevented the landlord from commencing, maintaining, or completing the remedial action; and

(b) The tenant's actions described in subsection (1)(a) of this section made it impracticable for the landlord to reasonably remedy or repair the condition.

(2) to (4) Repealed.

(5) If the condition alleged to breach the warranty of habitability is the result of the action or inaction of a third party not under the direction and control of the landlord and the landlord has taken reasonable, necessary, and timely steps to remedy or repair the condition, but is unable to remedy or repair the condition due to circumstances beyond the landlord's reasonable control, the tenant's only remedy is termination of the rental agreement consistent with section 38-12-507 (1)(a).

(6) For public housing authorities and other housing providers receiving federal financial assistance directly from the federal government, no provision of this part 5 in direct conflict with any federal law or regulation shall be enforceable against such housing provider.

## Nearby sections

- [C.R.S. § 38-12-501 38-12-501. Legislative declaration - matter of statewide concern - purposes and policies](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-501.md)
- [C.R.S. § 38-12-502 38-12-502. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-502.md)
- [C.R.S. § 38-12-503 38-12-503. Warranty of habitability - notice - landlord obligations](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-503.md)
- [C.R.S. § 38-12-504 38-12-504. Tenant's maintenance of premises](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-504.md)
- [C.R.S. § 38-12-505 38-12-505. Uninhabitable residential premises - habitability procedures - rules - definitio](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-505.md)
- [C.R.S. § 38-12-506 38-12-506. Exception for certain single-family residences](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-506.md)
- [C.R.S. § 38-12-507 38-12-507. Breach of warranty of habitability - tenant's remedies](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-507.md)
- [C.R.S. § 38-12-508 38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-508.md)
- [C.R.S. § 38-12-509 38-12-509. Prohibition on retaliation](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-509.md)
- [C.R.S. § 38-12-510 38-12-510. Unlawful removal or exclusion](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-510.md)
- [C.R.S. § 38-12-511 38-12-511. Application](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-511.md)
- [C.R.S. § 38-12-512 38-12-512. Enforcement by the attorney general - district court - penalties](https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-512.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T38_A12_P5_S38-12-508. Check the current official text before relying on it. Not legal advice.