Colorado Renters’ Guide to Smoking Policies and Disclosure

As a renter in Colorado, understanding your rights and responsibilities about smoking policies in your rental unit is crucial. Colorado law allows landlords to set policies regarding smoking, including tobacco, marijuana, and vaping, inside private residences. This article explains key rights, required landlord disclosures, and steps you can take if you face issues related to smoking in your apartment or rental home.

Smoking in Colorado Rental Units: The Basics

Colorado does not have a statewide law prohibiting smoking in all private rental units. However, landlords are permitted to implement their own smoking policies, and cities or counties may have additional restrictions. It is essential for renters to know that:

• Landlords can designate rental properties as smoke-free or permit smoking in certain areas.
• Any smoking policy should be clearly stated in your lease agreement.
• Landlords must follow disclosure rules about smoking policies, particularly in multi-family dwellings.

Many municipalities, like Denver and Boulder, have their own smoke-free ordinances affecting apartments and housing complexes. Check with your local housing department for more information about municipal rules.

Disclosure Requirements & Inspections

Under Colorado law, landlords are not required by state statute to provide a specific form stating a property’s smoking policy. However, landlords must disclose key information about building rules, restrictions, and safety in the lease. If a rental unit is designated as smoke-free, or if there are shared ventilation systems, these should be included in your lease or as an addendum. Renters should always:

• Carefully review the lease for any mention of smoking, vaping, or marijuana use.
• Understand whether the ban applies to personal balconies, patios, or within a certain distance from the building.
• Request written policy clarification if you are unsure.

Colorado’s Colorado Revised Statutes (C.R.S.) provide the framework for landlord-tenant law but do not require a standard state smoking disclosure form.^[1]

Marijuana Use in Rental Units

Although recreational marijuana use is legal in Colorado, landlords can still restrict or prohibit marijuana smoking—and even possession—on rental property. This is typically enforced through lease terms. If your lease prohibits marijuana smoking, violating that policy can be grounds for lease termination or eviction.

What if There Are Changes to the Smoking Policy?

Sometimes, a landlord might want to update the building’s smoking policy after you’ve already signed a lease. In Colorado, lease changes generally require your written agreement until your lease renews. If your landlord proposes a new smoking ban, they must either:

• Wait until your lease ends and offer a new lease with the changed policy
• Negotiate a mutual agreement to amend your current lease

If you receive written notice of a change you do not agree with, notify your landlord in writing. If you feel your rights are being violated, contact the Colorado Department of Local Affairs, Division of Housing.

Relevant Official Forms: What Renters Should Know

• Inspection Checklist (Recommended, not required by state law): While no state-mandated smoking policy form exists, renters should ask for or complete a move-in inspection checklist, like the Move-In/Move-Out Inspection Checklist from the Colorado Division of Housing. This helps document any pre-existing smoke damage and may protect your security deposit.
• Lease Agreement or Addendum: If your lease has a smoking addendum, review its terms carefully. It should specify any areas where smoking is allowed or prohibited. For example, the sample lease agreements from the Colorado Department of Local Affairs may include designated smoking policies.

If you need to report a lease violation or file a complaint:

• Complaint Process: Colorado does not have a statewide tenant-landlord complaint form, but local agencies like Denver's Department of Public Health & Environment may have resources if your landlord fails to address secondhand smoke or violates lease terms. See the Denver Smoke-Free Housing Program.

What Should Renters Do If There’s a Problem?

If another tenant is violating the building’s smoking policy or you are being exposed to unwanted smoke, take these steps:

• Document the issue with dates, times, and photographs if needed
• Communicate your concerns in writing to your landlord or property manager
• Request a reasonable response, such as additional signage or air filtration
• If unresolved, contact your city or county health department or the Colorado Division of Housing for guidance

Where to File Complaints or Resolve Disputes

The Colorado Department of Local Affairs, Division of Housing provides helpful materials and referrals for landlord-tenant disputes, but Colorado courts oversee formal legal disputes about lease violations or eviction. Small Claims Court or the County Court may handle cases if issues escalate.

For legislative reference, see Colorado Revised Statutes, Title 38, Article 12: Landlord and Tenant Act.^[2]

Frequently Asked Questions (FAQ)

1. Can my Colorado landlord ban smoking in my apartment?
   Yes, landlords can prohibit any kind of smoking—including tobacco, marijuana, and vaping—if such a rule appears in your lease agreement.
2. Does my landlord need to tell me if the previous tenant smoked?
   No Colorado law requires disclosure of prior smoking, but it’s smart to document any smoke smell or stains in your move-in inspection.
3. Can I be evicted for violating a building's smoking policy?
   Yes. If your lease clearly bans smoking and you violate it, your landlord can terminate your lease or seek eviction through court.
4. Is there a state form I can use to report secondhand smoke from a neighbor?
   No set statewide form exists, but you should report the problem to your landlord in writing and contact local authorities if the issue continues.
5. Does legalized marijuana mean I can smoke in my rental unit?
   No. Even though marijuana is legal to possess and use privately in Colorado, landlords can still impose a full ban on marijuana smoking in rental properties.

Conclusion: Key Takeaways for Colorado Renters

• Review your lease closely for smoking policies and get clarification in writing if needed.
• Document all conditions at move-in to avoid unfair claims about smoke damage.
• Report issues early to your landlord, and know your local resources for additional support.

Understanding these points helps protect your rights and fosters a positive relationship with your landlord.

Need Help? Resources for Renters

• Colorado Department of Local Affairs, Division of Housing – Landlord/Tenant Issues
• Colorado Judicial Branch: Landlord-Tenant Self Help
• Denver Smoke-Free Housing Resources
• For legal disputes: Colorado Courts

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1. Colorado Revised Statutes official site
2. Colorado Landlord and Tenant Law – Title 38, Article 12

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