Can my landlord refuse to fix asbestos issues in my home?

No, Colorado law requires landlords to address hazardous conditions, including exposed asbestos, to ensure tenant safety.

Is my landlord required to disclose asbestos in my rental?

Colorado law does not require proactive disclosure, but landlords must act if asbestos poses a risk or during certain renovations.

How can I file a complaint if my landlord ignores asbestos concerns?

You may submit a written complaint to the Colorado Department of Public Health & Environment using their official asbestos complaint form.

Can I withhold rent if asbestos isn't fixed?

Only after legally notifying your landlord and following Colorado procedures—consult a tenant resource before withholding rent.

Who pays for asbestos abatement in Colorado rentals?

Landlords are responsible for the cost of making rental units safe, including any required asbestos abatement.

Colorado Renters’ Rights on Asbestos in Older Buildings

Health & Safety Standards Colorado published: June 21, 2025

Living in an older Colorado rental? You may wonder about asbestos—a hazardous material once commonly used in building construction. Understanding your rights as a tenant in Colorado when it comes to asbestos can help you maintain a safe living environment and hold your landlord accountable under current state laws.

What Is Asbestos and Why Is It a Concern for Renters?

Asbestos is a naturally occurring mineral that was widely used in building materials before 1980 due to its fire resistance and insulation properties. However, it can pose serious health risks if disturbed, as its fibers can be released into the air and inhaled. Prolonged exposure can lead to conditions such as asbestosis, lung cancer, and mesothelioma.

Landlord Responsibilities Regarding Asbestos in Colorado

Colorado rental laws require landlords to provide safe, habitable housing. This is known as the “warranty of habitability,” and includes ensuring the property is free from hazardous conditions—like exposed or deteriorating asbestos. Under Colorado law, landlords must take action if asbestos materials are disturbed or become a health risk.

Disclosure: While Colorado does not currently require proactive disclosure of known asbestos to tenants, federal law may require this if asbestos is identified during renovations or demolitions.
Repairs: If asbestos-containing materials are damaged or disturbed, landlords must properly address the issue in accordance with state and federal safety standards.

Maintenance or abatement must be performed by certified professionals, following Colorado Department of Public Health & Environment regulations. For more, see the official CDPHE asbestos resources.

Your Rights as a Colorado Tenant

As a tenant, you have the right to:

Request information about potential asbestos in your rental unit
Report unsafe conditions or suspected asbestos exposure
File a formal complaint if a landlord fails to address hazardous conditions

Steps to Take If You Suspect Asbestos in Your Rental

If you think your apartment or rental home contains exposed or damaged asbestos, act quickly to protect your health and establish a record. The following steps outline what you can do:

Notify your landlord in writing: Describe your concerns and request an inspection by a certified asbestos professional.
Do not disturb the material: Leave suspicious materials alone. Disturbing asbestos increases the health risk.
Request an abatement plan: If asbestos is found, ask for details on safe removal or containment, performed by licensed specialists.
File an official complaint: If your landlord does not respond, contact your local code enforcement office or the Colorado Department of Public Health & Environment (CDPHE) using the Asbestos Complaint Form (see below).

Tip: Always keep records of written notices, responses, and repairs, as you may need this documentation if you pursue further action.

Relevant Official Forms for Colorado Tenants

Asbestos Complaint Form (CDPHE): Use this online form if your landlord has not addressed suspected or confirmed asbestos hazards. Practical example: You’ve reported crumbling ceiling tiles and received no response—submit the CDPHE Asbestos Complaint Form to request a state investigation.
Notice to Cure (Colorado Warranty of Habitability): While not a specific state form, Colorado law allows tenants to notify landlords about habitability violations in writing. Example: If your landlord has not addressed a dangerous asbestos condition, provide written notice referencing the Colorado Warranty of Habitability statute (see section 38-12-503).

Which Authority Handles Tenant Complaints?

In Colorado, rental disputes regarding habitability—including asbestos—are managed through the local municipal housing code offices and the Colorado Department of Public Health & Environment (CDPHE) for environmental and hazardous materials issues.

For legal action, disputes may also proceed through the Colorado County or District Court system, as there is no separate housing tribunal. Tenants can refer to the official Colorado Judicial Branch forms and self-help resources when considering legal remedies.

Colorado Tenancy Laws Covering Health & Safety Standards

The key legislation protecting renters is the Colorado Revised Statutes Title 38, Article 12 – Tenant and Landlord, specifically the Colorado Warranty of Habitability (38-12-503) which requires rental properties to be safe and habitable.

FAQs: Asbestos and Renter Rights in Colorado

Can my landlord refuse to fix asbestos issues in my home?
No, under the Colorado Warranty of Habitability law, landlords must address hazardous conditions, including exposed asbestos, to keep the property safe.
What should I do if my landlord ignores my complaint?
You can submit a written notice and then file an official complaint with the CDPHE if the landlord fails to act.
Is my landlord required to tell me if there is asbestos in my rental?
Colorado law does not require proactive disclosure, but if asbestos is disturbed or found, landlords must manage the risk appropriately and comply with federal notification rules when major renovations occur.
Can I withhold rent until the asbestos issue is fixed?
Only after following the legal notice and remedy process under Colorado law—always consult with tenant support services before withholding rent to avoid eviction risk.
Who pays for asbestos testing and abatement?
Landlords are responsible for making the property safe, including paying for necessary testing and removal if the asbestos poses a risk.

Key Takeaways for Colorado Renters

Colorado law guarantees rental housing must be safe and habitable—this includes protection from asbestos hazards
Immediate written notice to your landlord and documentation are essential if you suspect asbestos exposure
State resources and complaint forms are available if your landlord does not respond to safety concerns

Need Help? Resources for Renters

Colorado Department of Public Health & Environment: Asbestos – Official asbestos enforcement and complaint intake
Colorado Division of Housing – Tenant Resources – State-level renter rights and complaint information
Colorado Judicial Branch – Self-Help Forms – Court documents and guides if needing to escalate a dispute
Colorado Revised Statutes Title 38 – Full landlord-tenant law text