Unliveable Conditions Defense {JDF 104}

JDF 104 - UNLIVABLE CONDITIONS AFFIDAVIT (EVICTION DEFENSE). This form is used by tenants as an affirmative defense in eviction cases, particularly when they have withheld rent due to uninhabitable living conditions. The form allows tenants to assert that the landlord failed to maintain the rental property, violating the warranty of habitability under Colorado law. It enables tenants to document issues such as lack of heat, water, electricity, plumbing, or safety hazards like mold, infestations, or faulty equipment. The affidavit also requires tenants to detail any notices sent to the landlord about these issues, any retaliatory actions taken by the landlord, and any costs incurred by the tenant to repair the conditions. Tenants can request the court to deny possession to the landlord, order repairs, reduce the rental value, or reimburse rent overpayments, as well as seek damages or attorney fees. www.FormsWorkflow.com