JDF 104 - Unlivable Conditions at Home Affidavit
JDF 104 is used to submit a breach of warranty of habitability affirmative defense against the Plaintiff's eviction claims for non-payment of rent. It outlines the unlivable conditions experienced by the tenant and the necessary notices given to the landlord. The tenant may also indicate any retaliation by the landlord and provide financial details relating to rent due and expenses.
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How do I fill this out?
Filling out this form involves following the provided steps to document and submit your claim. Ensure all applicable fields are checked and details are correctly entered. Follow the instructions for providing supporting evidence and completing the necessary financial information.
How to fill out the JDF 104 - Unlivable Conditions at Home Affidavit?
1
Identify the unlivable conditions that apply to your rental home.
2
Notify your landlord about the conditions in writing or through email.
3
Detail any retaliation actions taken by your landlord.
4
Calculate and provide financial details regarding rent due and incurred expenses.
5
Submit the completed form to the appropriate court for processing.
Who needs the JDF 104 - Unlivable Conditions at Home Affidavit?
1
Tenants experiencing unlivable conditions in their rental properties.
2
Individuals facing eviction due to non-payment of rent but have valid defenses.
3
People who need to document the landlord's breach of the warranty of habitability.
4
Those who have suffered retaliation from their landlords after reporting issues.
5
Tenants seeking legal remedies and adjustments to rental agreements.
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Open the file in our PDF editor.
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Make the necessary edits in each field.
4
Save the updated document.
5
Download the edited PDF for submission.
What are the instructions for submitting this form?
Submit this form by mailing it to the court address provided. Ensure all required fields are completed and include any supporting documentation. For assistance, contact the court directly or visit their website for additional information. Our advice: Make sure to keep copies of the completed form and any correspondence with the landlord for your records.
What are the important dates for this form in 2024 and 2025?
Important dates include January 2, 2024, when the form revision takes effect. Ensure notices to the landlord are given promptly. Legal deadlines for submitting the form are crucial for timely processing.
What is the purpose of this form?
The purpose of this form is to provide tenants with a formal method to document unlivable conditions in their rental property. By submitting this form, tenants can officially notify the landlord of the issues and assert their rights under Colorado law. The form also enables tenants to seek legal remedies, including rent abatement and adjustments due to uninhabitable living conditions.
Tell me about this form and its components and fields line-by-line.
- 1. Court: Enter the court name and details.
- 2. Parties to the Case: Provide information about the landlord (Plaintiff) and tenant (Defendant).
- 3. Filed by: Enter your name, address, city, state, zip, phone, and email details.
- 4. Case Details: Provide the case number, division, and courtroom information.
- 5. Unlivable Conditions: Check all applicable unlivable conditions that apply to your rental home.
- 6. Notice: Indicate how and when you notified your landlord of the conditions.
- 7. Retaliation: Specify any retaliation actions taken by the landlord.
- 8. Rent Due and Expenses: Provide details about rent due, expenses incurred, and the difference.
- 9. Deposit Waiver: Request a deposit waiver if applicable and provide financial details.
- 10. Remedies: Indicate the legal remedies you seek from the court.
What happens if I fail to submit this form?
Failure to submit this form may result in the continuation of eviction proceedings.
- Eviction: You may be evicted from your rental property.
- Loss of Rights: Failing to document unlivable conditions can result in the loss of legal rights and protections.
- Financial Consequences: You may be responsible for back-due rent without the possibility for adjustments or abatements.
How do I know when to use this form?
- 1. Eviction Defense: Use this form to build a defense against eviction based on unlivable conditions.
- 2. Documenting Unlivable Conditions: Submit this form to document unlivable conditions in your rental property.
- 3. Retaliation Protection: Use this form to document and seek protection against landlord retaliation.
- 4. Legal Remedies: Submit this form to seek legal remedies and adjustments for uninhabitable living conditions.
- 5. Financial Adjustments: Use this form to provide financial details and request rent abatements.
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What details do I need to provide in the form?
You need to provide court details, parties involved, case details, and information about unlivable conditions.
Do I need to notify my landlord about the conditions?
Yes, you must inform your landlord in writing or through email about the conditions.
What should I do if my landlord retaliates?
Document any retaliation actions and detail them in the form for court consideration.
What financial details do I need to include?
Include information about rent due, expenses incurred due to uninhabitable conditions, and any difference between them.
Can I seek a deposit waiver if I can't afford to pay?
Yes, you can request the court to find you indigent and waive the deposit requirement.
What legal remedies can I seek with this form?
You can request the court to determine the rental value of the premises in its uninhabitable state and seek adjustments.
Where do I submit the completed form?
Submit the form to the appropriate court as indicated in the instructions.
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