(XVI) Compliance with all requirements related to cooling devices
established in subsection (7) of this section; or
(c) It is otherwise unfit for human habitation.
(2) A deficiency in the common area shall not render a residential premises
uninhabitable as set forth in subsection (1) of this section, unless it materially
affects the tenant's use of the tenant's dwelling unit.
(3) (a) Before a landlord leases a residential premises to a tenant, the
landlord must ensure that the residential premises is fit for human habitation in
accordance with section 38-12-503 (1) and that the residential premises is not in a
condition described in subsection (1) of this section.
(b) A landlord that leases a residential premises that is not in compliance
with this section breaches the warranty of habitability pursuant to section 38-12-503 (1), and the tenant may pursue any remedy under section 38-12-507.
(c) On and after January 1, 2025, every rental agreement between a landlord
and tenant must include a statement in at least twelve-point, bold-faced type that
states that every tenant is entitled to safe and healthy housing under Colorado's
warranty of habitability and that a landlord is prohibited by law from retaliating
against a tenant in any manner for reporting unsafe conditions in the tenant's
residential premises, requesting repairs, or seeking to enjoy the tenant's right to
safe and healthy housing.