Colorado Renters: What You Need to Know About Lead Paint Hazards

Lead-based paint hazards can pose serious health risks, especially for children and pregnant women. If you rent an older home or apartment in Colorado, it's important to understand your rights and the responsibilities of your landlord regarding lead safety. By knowing what the law requires, you can help protect your family and ensure a healthy living environment.

Understanding Lead-Based Paint Hazards

Lead paint was commonly used in homes built before 1978. If this paint is deteriorating, it can create lead dust or chips that are hazardous when breathed in or ingested. Exposure can cause lifelong health issues, especially in young children.

• Common sources include window sills, door frames, stairs, and floors in older buildings.
• Symptoms from lead exposure may include developmental delays and learning problems in children.
• Federal law requires special rules for homes built before 1978.

Your Rights as a Renter in Colorado

Both federal and Colorado state law protect renters from lead-based paint hazards. Landlords who rent out housing built before 1978 must:

• Disclose any known information about lead-based paint or hazards in the property.
• Provide renters with the EPA-approved booklet, Protect Your Family From Lead in Your Home.
• Keep lead hazard disclosure records for at least three years.

Required Disclosure Forms and How They're Used

• Lead Warning Statement and Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
  • Form Name: EPA "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" Form (No official form number)
  • When/How Used: When leasing any pre-1978 residential property, landlords and property managers must provide this disclosure form to renters before a lease is signed. It documents known information about lead paint hazards and must be signed by both parties.
  • View the official disclosure form (PDF)

If you don't receive this form or the EPA booklet when renting a pre-1978 property, your landlord may be violating federal law.

What If You Suspect Lead Hazards?

If you believe there may be lead hazards in your rental home, you have the right to:

• Request that your landlord remedy any lead-based paint hazards, especially if paint is peeling, chipping, or deteriorating.
• Contact your local health department for testing or further advice – see the Colorado Department of Public Health and Environment's Lead Program for help.
• File a complaint with the Colorado Division of Housing if landlord responsibilities are ignored.

Colorado Laws and Health Standards

Under the Colorado Residential Tenants Health and Safety Act, landlords are required to maintain rental units in a habitable condition. This includes repairing environmental hazards like lead-based paint when it poses a threat to tenants.

• Landlords cannot retaliate against you for requesting repairs related to health or safety concerns, including lead hazards.
• Tenants should submit repair requests in writing for a record.

The Official Tribunal Handling Tenancy Issues

In Colorado, residential tenancy disputes are handled by local county courts. However, the primary agency providing information and overseeing landlord-tenant issues is the Colorado Department of Local Affairs – Division of Housing.

Key takeaway: Always keep copies of all communication and lead disclosure forms provided by your landlord, as they're important for your family's protection and may be needed if you seek legal help.

FAQ: Colorado Renters and Lead-Based Paint

1. What if my landlord does not give me the lead paint disclosure?
   If your landlord fails to deliver the required disclosure for a pre-1978 property, you have the right to report the violation to the EPA or the Colorado Department of Public Health and Environment. Landlords may face penalties for non-compliance, and you may also have legal grounds to cancel the lease or take other action.
2. Can I ask my landlord to remove or cover lead paint?
   Yes. If you find or suspect deteriorating lead-based paint, you can and should request repairs in writing. Landlords are required to fix hazardous conditions to maintain habitability.
3. Are rental properties in Colorado required to be tested for lead?
   No, owners must disclose known hazards, but there is no mandatory testing. You can request testing or contact local health authorities if you suspect a problem.
4. What steps should I take if I suspect lead exposure?
   Contact your doctor for a blood test (especially for children), notify your landlord in writing about the hazard, and get in touch with the state public health department for further action.
5. Is my landlord allowed to evict me for asking for lead repairs?
   No. Under Colorado law, landlords cannot lawfully evict tenants in retaliation for requesting repairs or reporting lead-based hazards.

Key Takeaways for Colorado Renters

• Always request and review the required lead hazard disclosure for homes built before 1978.
• You have the right to a safe, healthy rental and can request repairs for any lead hazard.
• The Division of Housing and local courts can help resolve lead hazard disputes.

Staying informed helps you protect your household and secure your rights as a renter.

Need Help? Resources for Renters

• Colorado Department of Local Affairs – Landlord-Tenant Information
• Colorado Department of Public Health and Environment – Lead Program
• U.S. Environmental Protection Agency Lead Hotline: 1-800-424-LEAD
• For legal assistance: Contact Colorado Legal Services
• If you need to file an official complaint, reach out to your local housing office or the EPA Region 8 office for Colorado.

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1. EPA: Lead-Based Paint Disclosure Rule
2. Colorado Department of Local Affairs – Division of Housing
3. Colorado Department of Public Health and Environment – Lead in Colorado
4. Colorado Residential Tenants Health and Safety Act (HB21-1121)
5. EPA Disclosure Form: Lead-Based Paint and/or Lead-Based Paint Hazards

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