Adding to the above, if you don't have renters insurance that can act immediately to help with temp housing, and are financially unable to obtain immediate shelter, reach out to the Red Cross and/or VOA if you are a veteran. While it's not the typical displacement due to natural disaster to which you see these groups respond, it might be worth a try.
Actually, because it was a drunk driver uninsured, you might qualify for the victims fund from your local police department. https://dcj.colorado.gov/dcj-offices/victims-programs/crime-victim-compensation
As a former property manager for a large REIT, this is why we tell people to get renters insurance. I’m not entirely clear on Colorado law specifically, but every state I’ve worked in the landlord has no obligation to provide you with temporary housing.
Your landlord may not be obligated to provide temporary housing here. You may need to consider your tenancy terminated and find somewhere else to live. Your renter's insurance policy should help you pay for temporary housing and possibly moving costs as well.
The landlord hasn’t breached the contract. A force outside the control of either party (the drunk driver) has rendered the apartment uninhabitable, which in most states and most common leases would mean the tenant can freely break the contract but does not oblige the landlord to house the tenant elsewhere.
If your lease has a force majeure clause this event would almost certainly be under its umbrella as an unforeseeable external event that renders the landlord unable to fulfill their contractual obligations the same as if the apartment was destroyed by a tornado instead.
Read your lease it probably addresses what happens if the property isn’t livable. Which is generally for your lease to be terminated in order to make repairs. Renters insurance is the appropriate entity to provide you housing. Otherwise I’d start looking asap for a new place to live.
*Your post may have been removed for the following reason(s):*
**Bad or Illegal Advice**
Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further:
* [General Rule 8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__illegal_advice_is_never_allowed.2C_for_any_reason.2C_in_any_circumstance.)
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.) and [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.)
* [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content)
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Bad or Illegal Advice**
Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further:
* [General Rule 8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__illegal_advice_is_never_allowed.2C_for_any_reason.2C_in_any_circumstance.)
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.) and [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.)
* [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content)
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
Adding to the above comments since I didn't see it mentioned, as soon as you can get in touch with your landlord, make sure you start trying to get your security deposit back before the landlord ends up having to pay a bunch of repair bills, because he will likely suddenly find a host of things wrong with your unit once his bank account starts looking a little emptier.
There could be any number of reasons he isn't answering, since it's only been 24 hours. Work with your renters insurance to secure alternate housing first and foremost, but also send your landlord a certified letter first thing tomorrow to the address where you send your rent. State that the unit was damaged by a vehicle and that you have been told you cannot stay in the property by municipal officials, and therefore you will be withholding your rent until repairs are made and the unit is once again inhabitable. State plainly that this notice is to preserve your rights under Colorado law and that if repairs are not started within a reasonable time then you will be exercising your right to terminate your lease and expect your security deposit to be promptly returned.
He has 30 days from termination to return the deposit or the balance of the deposit if portions are deducted for valid reasons. This may all be a non issue as your landlord might notice that people have been trying to get in touch with him and he might make emergency repairs or he might just let you out of the lease without a fight. Fingers crossed.
No, your landlord is not required to provide temporary housing as your apartment is not uninhabitable due to the landlord’s actions.
Do you have renters insurance? That’s who you need to contact to get temporary housing. That’s your next step. Hopefully you have it.
You can also sue the driver in small claims court but if they can’t afford insurance, probably can’t afford to pay you anything.
Do you have renters insurance? Depending on the language of your lease, but I don’t think the landlord owes you temporary housing or any property damage payments here. Your security deposit and back rent are another question.
I had an apartment fire 10 Years ago. If I had not had AAA renters insurance it would have been a nightmare. I called and an adjuster was there before my landlord could show up. He declared it and total loss of personal property, wrote me a first check on the spot. I had family to stay with but they payed to help add set cost of utilities at my in laws. All totaled they payed me out 45k. I have always had a rents policy attacked with my auto insurance. Usually the discount on the auto policy more than covers the cost of the renters. All of my friends and acquaintances have gotten policies based on my experience.
Your renters insurance should be able to help depending on your policy. They definitely should replace your belongings and many have temporary housing.
[удалено]
Adding to the above, if you don't have renters insurance that can act immediately to help with temp housing, and are financially unable to obtain immediate shelter, reach out to the Red Cross and/or VOA if you are a veteran. While it's not the typical displacement due to natural disaster to which you see these groups respond, it might be worth a try.
Adding to this that if the red Cross does help, usually they will help with 3 days of housing in a local motel.
Have you tried reaching out to the local Red Cross? They might be able to help.
Actually, because it was a drunk driver uninsured, you might qualify for the victims fund from your local police department. https://dcj.colorado.gov/dcj-offices/victims-programs/crime-victim-compensation
As a former property manager for a large REIT, this is why we tell people to get renters insurance. I’m not entirely clear on Colorado law specifically, but every state I’ve worked in the landlord has no obligation to provide you with temporary housing.
Your landlord may not be obligated to provide temporary housing here. You may need to consider your tenancy terminated and find somewhere else to live. Your renter's insurance policy should help you pay for temporary housing and possibly moving costs as well.
[удалено]
The landlord hasn’t breached the contract. A force outside the control of either party (the drunk driver) has rendered the apartment uninhabitable, which in most states and most common leases would mean the tenant can freely break the contract but does not oblige the landlord to house the tenant elsewhere. If your lease has a force majeure clause this event would almost certainly be under its umbrella as an unforeseeable external event that renders the landlord unable to fulfill their contractual obligations the same as if the apartment was destroyed by a tornado instead.
Read your lease it probably addresses what happens if the property isn’t livable. Which is generally for your lease to be terminated in order to make repairs. Renters insurance is the appropriate entity to provide you housing. Otherwise I’d start looking asap for a new place to live.
You think the landlord breached their contractual duties by allowing someone to drive through the wall in a car accident?
[удалено]
You have no clue what you're talking about.
*Your post may have been removed for the following reason(s):* **Bad or Illegal Advice** Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further: * [General Rule 8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__illegal_advice_is_never_allowed.2C_for_any_reason.2C_in_any_circumstance.) * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.) and [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.) * [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content) *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):* **Bad or Illegal Advice** Your post has been removed for offering poor advice. It is either generally bad or ill advised advice, an incorrect statement or conclusion of law, inapplicable for the jurisdiction under discussion, misunderstands the fundamental legal question, or is advice to commit an unlawful act. Please review the following rules before commenting further: * [General Rule 8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__illegal_advice_is_never_allowed.2C_for_any_reason.2C_in_any_circumstance.) * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.) and [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.) * [Reddit Violent Content Rule](https://www.reddithelp.com/en/categories/rules-reporting/account-and-community-restrictions/do-not-post-violent-content) *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
Call your renters insurance. This is what it's for.
Adding to the above comments since I didn't see it mentioned, as soon as you can get in touch with your landlord, make sure you start trying to get your security deposit back before the landlord ends up having to pay a bunch of repair bills, because he will likely suddenly find a host of things wrong with your unit once his bank account starts looking a little emptier. There could be any number of reasons he isn't answering, since it's only been 24 hours. Work with your renters insurance to secure alternate housing first and foremost, but also send your landlord a certified letter first thing tomorrow to the address where you send your rent. State that the unit was damaged by a vehicle and that you have been told you cannot stay in the property by municipal officials, and therefore you will be withholding your rent until repairs are made and the unit is once again inhabitable. State plainly that this notice is to preserve your rights under Colorado law and that if repairs are not started within a reasonable time then you will be exercising your right to terminate your lease and expect your security deposit to be promptly returned. He has 30 days from termination to return the deposit or the balance of the deposit if portions are deducted for valid reasons. This may all be a non issue as your landlord might notice that people have been trying to get in touch with him and he might make emergency repairs or he might just let you out of the lease without a fight. Fingers crossed.
No, your landlord is not required to provide temporary housing as your apartment is not uninhabitable due to the landlord’s actions. Do you have renters insurance? That’s who you need to contact to get temporary housing. That’s your next step. Hopefully you have it. You can also sue the driver in small claims court but if they can’t afford insurance, probably can’t afford to pay you anything.
Do you have renters insurance? Depending on the language of your lease, but I don’t think the landlord owes you temporary housing or any property damage payments here. Your security deposit and back rent are another question.
Call the Red Cross, they should be able to get you into temporary housing.
I had an apartment fire 10 Years ago. If I had not had AAA renters insurance it would have been a nightmare. I called and an adjuster was there before my landlord could show up. He declared it and total loss of personal property, wrote me a first check on the spot. I had family to stay with but they payed to help add set cost of utilities at my in laws. All totaled they payed me out 45k. I have always had a rents policy attacked with my auto insurance. Usually the discount on the auto policy more than covers the cost of the renters. All of my friends and acquaintances have gotten policies based on my experience.
Landlords gonna landlord. Call a lawyer.
Can they get their deposit back??
Your renters insurance should be able to help depending on your policy. They definitely should replace your belongings and many have temporary housing.
Ever hear from the landlord ?
The same thing happened to me a couple of years ago. Get a lawyer, the landlord is supposed to get new housing.