Indoor Air Quality in Rental Dwellings

State Laws Addressing Radon, Mold and Secondhand Smoke

 

Colorado

Colorado law was revised in 2023 to establish certain requirements regarding radon in rental housing. See Colorado S.B. 23-206; Colorado Rev. Stat. sec. 38-12-803.

Radon Disclosure and Warning. Colorado law requires that, before signing a residential lease, a landlord must provide the tenant a state-approved radon brochure, disclose any knowledge of radon levels in the property (including testing and mitigation records), and provide the tenant a written warning statement as specified in the law. The warning statement, which the tenant must sign to acknowledge receipt, includes the state recommendation that all tenants have a radon test performed before leasing and that elevated levels be mitigated.

Tenant Remedies. The states that failure to comply with these requirements constitutes a breach of the warranty of habitability. The law also provides that the tenant may void a lease and vacate the premises if the landlord fails to provide the written information specified in the law or make a “reasonable effort to mitigation radon” within 180 days of being notified of professional testing that reveals levels over 4 pCi/L.  After January 1, 2026, this tenant remedy applies only to lease agreements longer than one year in duration.

 

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