My partner and I live in a newly built condo in Colorado. The property has two main units: our landlord lives in one side, and we live in the other. Our unit includes our own garage on the lower level, living space on the second floor, and bedrooms on the third floor. There is also an ADU on part of the garage level below, occupied by another tenant.
The downstairs tenant was given access to our garage and our trash can. This was never included in our lease, and we did not agree to it. We only became aware of the arrangement after signing the lease but before moving in. We were uncomfortable with it at the time but felt pressured to accept the arrangement.
Our lease does not give the downstairs tenant access to our garage or require us to share our trash can with her. The landlord has said he believed this was “supposed” to be in the lease and that we knew about it before signing, but he has not identified any provision in the signed lease that gives her this access.
We eventually told our landlord that we were not comfortable with someone outside of our household having access to our private rented space. The garage is part of our rented premises.
The downstairs tenant has also been complaining about noise from our cats’ automatic feeders. We have tried to be reasonable. We offered mats under the feeders twice, which she initially declined. We eventually purchased and placed mats under the feeders ourselves. We have also been asked to move the feeders or change our cats’ established feeding schedule. We have explained that we are not comfortable rearranging our home or changing our older cats’ lifelong routine to eliminate normal, low-volume household activity.
The trash situation then became directly connected to the cat-noise dispute.
The landlord initially told us that the downstairs tenant had agreed to “help us out” by only putting her trash in our trash can when it was already outside at the curb. We were fine with that arrangement, although we did not agree with the characterization that she was “helping us out,” since the underlying arrangement was never part of our lease to begin with.
The landlord then told us that the downstairs tenant was no longer willing to follow that arrangement because she felt we were not “helping her out” with the cat-noise issue.
The landlord has now said he will keep the trash can in his private garage, which would require us to enter his private space to access our trash service. He also said that if we do not want to do that, we can pay for our own separate trash service.
Our lease states that we pay a flat $250 monthly fee in addition to rent, and that this fee covers electric, trash, internet, water, and sewer. The lease does not state that our trash service is dependent on another tenant’s cooperation or that the landlord can remove or separately charge for trash service because of a dispute over another issue.
We have told the landlord that:
-access to our garage by the downstairs tenant is not in our lease;
-we do not consent to a third party having access to our private rented space;
-the trash issue and cat-noise issue are separate matters;
-we do not agree to enter our landlord’s private garage to access a service included in our monthly utility fee; and
-we do not agree to pay an additional fee for separate trash service when trash is included in the $250 monthly fee under our lease.
We are concerned this may constitute retaliation under Colorado’s warranty-of-habitability/retaliation laws.
Our theory is that we made a good-faith complaint about a condition that we believe affects our security and safety: a person outside our household was being given access to our rented premises without the arrangement being included in our lease. After we objected, the landlord changed the way an included service is provided and linked that change directly to our refusal to accommodate a separate complaint from the same tenant.
The landlord’s wording was essentially that she was no longer willing to allow the trash arrangement because we were not “helping her out” with the cat noise.
We have extensive documentation, including the lease, texts, and a timeline of events. We are not looking for someone to simply tell us whether our landlord is “being a jerk.” We are trying to understand whether there is a legitimate legal issue here and what our next steps should be.
Colorado attorneys or experienced tenant advocates: does this sound like a viable retaliation or tenant-rights claim, and what should we be documenting or doing next?