Colorado Rental Inspections: When Can You Refuse to Move In?

Moving into a new rental in Colorado involves property inspections and important disclosures from your landlord. But what happens if problems are found during the move-in inspection? Understanding your rights empowers you to make safe, fair choices about whether to proceed or walk away.

Your Rights During a Move-In Inspection

Colorado law gives renters the right to a clean, safe, and habitable home. A move-in inspection (also known as a move-in checklist) lets you and your landlord confirm the property's condition before you accept keys or sign the final agreement.^[1] If health, safety, or serious habitability issues are discovered at this stage, you might have grounds to refuse moving in—provided you follow the correct steps. Some common issues include:

• Major plumbing leaks or flooding
• Mold or pest infestations
• Broken heating or lack of hot water
• Serious electrical or structural hazards
• Landlord's failure to deliver required lead-based paint or other legally mandated disclosures

Renters cannot refuse to move in over minor cosmetic issues, but significant violations or withheld disclosures are serious concerns. Documenting every problem during the inspection is crucial for your protection.

Required Inspection Forms and Disclosures

Colorado does not mandate a statewide move-in checklist, but many landlords use a Move-In/Move-Out Inspection Form. It can help both parties confirm property condition and reduce disputes over damages.

• Move-In/Move-Out Inspection Form: Document the state of each room, appliances, fixtures, and note any concerns. Example: If you notice a broken stove burner during inspection, mark it and have the landlord acknowledge it. See sample forms from the Colorado Department of Local Affairs.
• Lead-Based Paint Disclosure (if home built before 1978): Required by federal law for most leases. The landlord must provide the EPA-approved disclosure form before move-in.

If your landlord refuses to use or acknowledge these forms, document your attempt and communicate requests in writing.

Legal Reasons to Refuse Moving In After Inspection

If your inspection uncovers conditions making the property uninhabitable—meaning it does not meet the basic health and safety standards outlined in Colorado law—you may have the right to refuse to move in. Under the Colorado Warranty of Habitability Law, homes must be:

• Weatherproof and free of leaks
• Equipped with working plumbing, heat, and electricity
• Safe from mold, pests, and structural hazards
• Compliant with all required state or federal disclosures

If these standards are not met and the landlord is unwilling to address them immediately, you may decline to take possession without penalty. Be sure to notify the landlord in writing and keep records.

What to Do If You Refuse to Move In

Take these steps to protect your rights:

• Clearly communicate discovered issues to your landlord in writing before accepting keys or moving personal items.
• Request written confirmation from the landlord about how soon problems will be fixed.
• If major repairs or disclosures are withheld, state your intent not to move in, referencing the specific concerns and laws (e.g., Colorado Warranty of Habitability Law).
• Keep copies of all correspondence, photos, and inspection forms.
• If the landlord withholds your deposit or tries to charge rent, you can file a complaint with the Colorado Department of Local Affairs - Division of Housing.

Who Handles Rental Disputes in Colorado?

The Colorado Department of Local Affairs, Division of Housing is the main state agency supporting renters and mediating disputes about rights and habitability. Colorado does not have a separate residential tenancy tribunal, but many disputes can be addressed through county courts or complaints filed with the Division of Housing.

Relevant Tenancy Law

The key legislation protecting renters during move-in in Colorado is the Colorado Warranty of Habitability Law, along with federal lead paint disclosure laws for older rentals.^[2] Be sure to read your lease and reference these protections if issues arise.

FAQ: Colorado Renters and Inspections

1. Can I get my deposit back if I refuse to move in due to health hazards?
   Yes, if a serious issue is documented and makes the property uninhabitable under Colorado law, you are likely entitled to a refund. Always provide written notice and keep evidence.
2. Are landlords required to provide a move-in checklist in Colorado?
   It is not required by state law, but highly recommended. Many landlords use one to avoid disputes.
3. Can I refuse to move in if the landlord hasn’t given me a lead paint disclosure?
   Yes, federal law requires disclosures for homes built before 1978. Refusing to move in is justified if you haven’t received this document.
4. What if the landlord promises repairs but doesn’t follow through?
   You have the right to withhold moving in and file a complaint if promised repairs are not made promptly.
5. What agency helps with rental disputes in Colorado?
   The Colorado Department of Local Affairs - Division of Housing. Contact them for guidance and complaint forms.

Need Help? Resources for Renters

• Colorado Department of Local Affairs – Renter Rights Page: Guidance, complaint forms and contacts
• Colorado Judicial Branch – Housing Forms: Access to legal forms if a dispute escalates
• Division of Housing: Information on state housing laws and assistance
• Lead Disclosure Forms – EPA: Official forms and info on lead paint

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1. Colorado Revised Statutes § 38-12-503 (2023): Definition of habitability and landlord duties. See: Colorado Warranty of Habitability Law.
2. U.S. EPA: Lead Paint Disclosure Rule.

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