Colorado Landlords: Radon Testing Laws & Tenant Rights

As a renter in Colorado, your health and safety at home are important. Radon—a colorless, odorless radioactive gas—can sometimes be found inside homes and is a known risk for lung cancer. In 2022, Colorado updated its laws to require landlords to inform tenants about radon and, in many situations, to conduct radon testing. This article clarifies your rights as a renter, landlord obligations, and what to do if you’re concerned about radon in your rental.

Radon Safety Rules for Colorado Landlords

Colorado’s HB22-1149 - Residential Tenancies and Radon Disclosure law, in effect since January 2023, sets out clear expectations for landlords and renters regarding radon safety. Here’s what you need to know:

• Disclosure Duty: Landlords must give every new tenant a written notice about radon risks, results of any radon tests, and details on any remediation done.
• Testing Rights: Landlords don’t have to test for radon before renting, but if a test has been done (by landlord or previous tenant), results must be shared with new tenants.
• Radon Notification: Tenants may conduct their own radon tests (at their own cost) and must notify the landlord if they find elevated levels.
• Remediation Obligation: If high radon levels (at or above 4.0 pCi/L) are confirmed, landlords must mitigate the radon hazard within 180 days, unless an exception applies.
• Required Forms: The Colorado Department of Public Health & Environment (CDPHE) provides a Radon Disclosure Form for landlord use.

What Does the Law Require Landlords to Disclose?

Under Colorado law, landlords must provide the following information before a tenant moves in:

• The Radon Disclosure Form (no official number): this gives information about radon risks, test results, remediation updates, and a general health warning.
• A copy of any records of radon tests or mitigation conducted at the rental unit.

For example, if a landlord tested the apartment last year and found elevated radon levels, they must disclose this information—along with what, if anything, they did to address it—using the form above.

If Radon Is Detected in Your Rental

As a tenant, you may choose to conduct a test yourself using a home kit. If your test finds radon at or above 4.0 pCi/L, you should:

• Notify your landlord in writing of the test results and provide a copy of the report.
• Request in writing that the landlord mitigate the radon hazard as required by law.

Your landlord then has 180 days to take "reasonable steps" to fix the issue—for example, hiring a radon mitigation professional. If the landlord does not act, the law allows renters to file a complaint in court using tenant remedies specified in Colorado law.

Which Tribunal Handles Rental Disputes in Colorado?

In Colorado, the Colorado Judicial Branch County Courts handle landlord-tenant matters, including issues about health and safety like radon.

Official Radon Disclosure Form — How to Use

• Name: Radon Disclosure Form (no official form number)
• When used: Must be provided to every new tenant before signing a lease, and anytime new radon test results or mitigation occur
• Download from: Colorado Department of Public Health & Environment — Radon for Landlords & Tenants
• Example: If you are about to sign a new lease in Denver, your landlord must hand you this disclosure and any past test records. If you don’t get it, you can request it in writing before moving in.

What Can You Do If the Law Isn’t Followed?

If you did not receive the required forms, or your landlord refuses to address high radon, you have several options:

• Send a written request again for the disclosure or mitigation.
• Contact the Colorado Radon Hotline (CDPHE) for guidance: 1-800-846-3986.
• File a complaint with your local county court if the landlord fails to comply after written notice.

Radon Testing in Multi-Unit Buildings

For renters living in apartments or multi-unit buildings, the same disclosure and mitigation rules apply to individual units. Testing schedules and details should be clearly shared by the landlord with all affected tenants.

FAQ: Radon Testing and Tenant Rights in Colorado

1. Does my landlord have to test for radon before I move in?
   No. Colorado law does not require landlords to conduct radon testing before leasing, but they must disclose any known test results or mitigation.
2. What happens if a test finds high radon in my rental?
   If you report elevated radon (≥ 4.0 pCi/L) to your landlord, they have 180 days to fix it. If they don’t act, you may pursue remedies through the County Court.
3. Can I use a DIY radon test kit as a tenant?
   Yes. Tenants have the right to test for radon with a consumer kit, but must pay for it themselves and share any results with the landlord.
4. Is there a specific form my landlord must use for radon disclosure?
   Yes, the state provides a Radon Disclosure Form for this purpose.
5. What if I never received a radon disclosure?
   Politely ask your landlord in writing for the required disclosure. If not provided, you may contact CDPHE or seek help from your local county court.

Conclusion: Key Takeaways

• Landlords must give you a radon disclosure and share past test/remediation results.
• If high radon levels are confirmed, landlords must fix the issue within 180 days.
• Tenants can test on their own, request disclosures, and seek help if landlords don’t comply.

Understanding your rights regarding radon helps ensure both your health and legal security in your Colorado rental.

Need Help? Resources for Renters

• Colorado Department of Public Health & Environment — Radon for Landlords & Tenants: Guidance, disclosure forms, and radon health info
• Colorado Judicial Branch — County Court Landlord-Tenant Forms: For filing complaints or court action
• Colorado Housing Search — Tenant Resources: Support and FAQ for renters
• Colorado Radon Hotline: 1-800-846-3986

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1. [1] Colorado HB22-1149 - Radon Disclosure Law
2. [2] Colorado Department of Public Health & Environment – Radon Information & Forms
3. [3] Colorado Judicial Branch — County Courts
4. [4] Colorado Indoor Air Quality & Radon Laws
5. [5] Colorado Tenant Resources

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