My question involves landlord-tenant law in the State of: Colorado
I am in a 14 month lease for a 3 bedroom townhome with 3 other friends: a single person and a married couple. Their bedrooms are on the top level, my bedroom is in the basement. The basement had a flood in the main living room/laundry area a few days after we moved-in in January, due to a pipe bursting when we used the hose. Drywall was replaced and a dehumidifier was used for a while to try to remove the moisture. There was another flood the week of August 2nd; this flood was in my bedroom, coming from the water main. I don't know when exactly the flood happened, but best guess is the 4th because on that day my roommates noticed water in the middle of the living area of the basement, against the wall. It would make sense that the water could have seeped under the laminate and pooled there due to a slight slant in the ground. I was away for the week, and when I came home on the 8th, it smelled like mildew in my room and I didn't see any standing water, until I stepped on my rug and realized it was soaked, and I noticed the paint was bubbled and the floor looked like it had dried water on it, below the main. I left to get a rug cleaner to suck up the water, and when I came back, rocks outside were wet, above my bedroom but no where else, and the water was coming out of the main pipe again when I got to the basement. I got the water dried up to the best of my ability and set up a fan after moving all of my furniture to avoid damage. A plumber arrived that evening to try and determine the cause, and maintenance arrived on the 10th to set up additional fans and pull out baseboards, etc.
At this point, my room is uninhabitable and our leasing guy said he will credit me for the weekend. I went back today to see how things look, and it's still uninhabitable and there will be a lot of construction which will result in me being out of my room for at least a week, but probably more.
I don't want to live here any more. My room does not have windows or vents, and I don't feel comfortable sleeping in a room with so much water exposure, possible mold, and no ventilation. Who's to say there won't be another flood of some kind during the next 6 months I have to live there and I will have to, again, rearrange my whole life for a period of time?
Questions: Is this something I can use to get out of the lease? It is one lease with 4 names on it. What are the next steps I should take to get out without penalty? I don't want my roommates' rent to go up if I leave... Is there anyway to do that too?
I believe this is the one clause in the lease that applies to this scenario: "If the Premises or any part of the Premises is destroyed due to fire, explosion, or any other casualty, or if the Premises or any part of the Premises become unsafe, hazardous, or uninhabitable as determined by Landlord in his sole and absolute discretion, Landlord may at his option, upon written notice to Resident, either immediately terminate this Lease or repair the Premises. Regardless of the extent of damage to the Premises or any portion of the Premises, Landlord may also upon written notice immediately terminate this Lease, if in Landlordís sole and absolute discretion, any repairs necessitated by any event would be either impractical or dangerous, if Resident continued to occupy the Premises."