Cal. Civ. Code § 38-12-508
Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach.
Operative Text
(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 (2) to (4) Repealed.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.
Colorado Revised Statutes § 38-12-508 establishes circumstances under which a landlord may successfully defend against a tenant's habitability claim. Specifically, if a tenant's own conduct — such as refusing reasonable entry times, unreasonably blocking access, or otherwise impeding repair efforts — made it impracticable for the landlord to fix the problem, that conduct can serve as a defense. The statute also addresses situations where a third party outside the landlord's control caused the condition; in those cases, if the landlord took reasonable and timely steps to remedy the issue but could not, the tenant's available remedy is limited to terminating the rental agreement under § 38-12-507(1)(a). Public housing authorities and federally assisted housing providers are additionally shielded from provisions of this part that directly conflict with federal law or regulation.
Plain English — not legal advice.
Under § 38-12-508, property owners and managers who face habitability claims have a potential defense if a tenant's actions or inactions — such as refusing reasonable entry times or unreasonably blocking access — made it impracticable to complete repairs. Compliant operators generally document all attempts to schedule and gain access, keep records of communications with tenants about proposed entry dates, and note any denials or delays caused by the tenant. When a condition stems from a third party outside the landlord's direction and control, operators typically demonstrate that they took reasonable, necessary, and timely steps to address the issue, even if full remediation was ultimately beyond their control.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-12-508 defines the circumstances under which a landlord can use a tenant's own conduct as a defense to a habitability claim, so tenants benefit from understanding what behaviors could be characterized as unreasonably blocking repairs — such as refusing all proposed entry times or otherwise impeding remedial work. When a habitability problem is caused by a third party outside the landlord's control and the landlord has made reasonable efforts to fix it, this provision limits the tenant's remedy to terminating the rental agreement as described in § 38-12-507(1)(a). Tenants who believe their habitability rights are at issue may wish to consult a tenant-rights organization or legal aid provider to understand how this provision interacts with their specific circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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