Tenants file class action lawsuit after Aurora shutters apartment complex

DENVER (KDVR) — The tenants of an Aurora apartment complex that the city closed on Tuesday for unsafe and unfit living conditions filed a class action lawsuit against the building’s management on Monday.

The lawsuit argues that there was no eviction notice provided for the building’s tenants, and said that the abatement on Tuesday would leave some tenants homeless. The lawsuit is seeking relief for the class action lawsuit members on two claims: unlawful eviction and warranty of habitability.

Aurora shuts down apartment complex as tenants struggle to find new homes

According to the lawsuit, the current property management acquired the building in December 2019, and shortly thereafter, tenants began to complain about the conditions.

FOX31 is working to contact the apartment ownership and management company to see if it has any response to this lawsuit. This story will be updated if or when that happens.

The residents were forced out in what they described as a chaotic process after the city of Aurora closed the apartment complex on Tuesday to put it through an abatement process. Some families of the 98-unit building told FOX31 they had nowhere to go.

The FOX31 Problem Solvers reported on the “atrocious” conditions at the complex in December 2021 — a toilet reportedly fell through the ceiling of one unit, and residents said mice, roaches, feces and trash in common areas and inside their homes were not uncommon.

According to the lawsuit, residents filed a “litany of complaints” with the city of Aurora’s code enforcement division, pointing out (among other conditions) lack of heat, lack of hot water, black mold, vermin, bed bugs, cockroaches, unsanitary conditions and leaks and flooding inside apartment units.

One resident included a photo of used mousetraps inside a trash bag with at least a dozen mice on the traps.

CBZ Management, which operates the property, told FOX31 that they couldn’t do maintenance or conduct repairs because the complex was being overrun by a Venezuelan gang, Tren de Aragua.

However, the mayor of Aurora said that is misleading. Mayor Mike Coffman said the problem preceded the migrant crisis in Denver and surrounding areas and placed blame instead on “out-of-state owners that are slumlords.”

In some of the complaints included in the lawsuit from around Aug. 9, 2021, residents said the second floor was sinking, but management “just stuck a pole up there to hold it together.” Another complaint for Feb. 28, 2022, that was filed with the city of Aurora stated that live electrical wires were hanging in the north elevator “for months” and the second-floor balcony railing had broken. Further complaints said there were broken windows in the lobby and a broken fire extinguisher cubby.

City code enforcement inspected the apartment complex in July 2023, according to the lawsuit, and found hundreds of violations in the building. The city conducted re-inspections in August, September, October and November, but many of the issues found initially were not addressed.

The lawsuit states that the city issued a summons to building management on Nov. 13, 2023, stating that the building violated city code requirements, such as keeping the building structurally sound, sanitized, safe and weathertight.

Mayor: Out-of-state ‘slumlords’ at fault for condemned Aurora apartments

Additional violations were allegedly reported in a summons issued on April 2, including a violation of city code that requires owners to provide adequate heating to residents. The lawsuit also stated that the tenants believe management stopped paying the water bill in July.

Because of these grievances, tenants are seeking compensation for their living expenses, including back rent if appropriate, and damages of either three times the monthly rent, or $5,000 plus associated court costs.

Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to FOX31 Denver.