How Colorado Renters Can Address Secondhand Smoke Issues

If you're renting in Colorado and struggling with secondhand smoke from neighbors, you're not alone. Secondhand smoke can impact your health and quality of life at home. Colorado law provides renters with specific protections and practical steps to address these concerns, whether cigarette, cigar, or marijuana smoke is entering your unit.

Your Rights Regarding Secondhand Smoke in Colorado Rentals

Under Colorado law, landlords are required to provide a safe and habitable living environment. This includes controlling nuisances that could affect your health—secondhand smoke can qualify as a nuisance or breach of the warranty of habitability in some circumstances.

• The Colorado Warranty of Habitability (C.R.S. § 38-12-503) requires landlords to address conditions that materially interfere with a tenant’s health or safety, which may include persistent secondhand smoke^[1].
• While there is no statewide smoke-free housing law, local ordinances or your lease may further restrict smoking.

Check your lease for any "no smoking" policies or building rules — these set clear expectations and can help you in discussions with your landlord.

Documenting and Communicating Your Complaint

To begin addressing secondhand smoke, gather evidence and communicate effectively with your landlord:

• Record when and where smoke enters your unit. Note dates, times, and impact on your health.
• If possible, take photographs, videos, or gather statements from other affected residents.
• Review your lease to see if it bans smoking or addresses nuisance behavior.

Next, notify your landlord or property manager in writing about the issue. If your lease specifically bans smoking, reference the relevant section. Provide detailed information and request a solution, such as improved ventilation, warning the source tenant, or adding a no-smoking addendum.

What Forms and Legal Steps Are Available?

If your landlord does not resolve the situation after receiving notice, you have additional options:

• Notice to Landlord of Conditions Affecting Health or Safety (Colorado Warranty of Habitability Notice Form): This form is not mandatory but is the accepted written notice used to formally alert your landlord about health and safety issues, such as secondhand smoke. It can serve as a required first step before further action. Download the official form here from the Colorado Attorney General.
• When to use this form: For example, if you have tried informal communication, but the smoke persists and affects your health, submit this form to create an official record and start the legal response timeline.
• If the landlord does not take action within the legal timeframe (usually 24-96 hours depending on severity), you may have the right to withhold rent or terminate your lease under the Colorado Residential Landlord and Tenant Act (C.R.S. Title 38, Article 12, Part 5).

Filing a Complaint or Seeking Further Action

• If your building is city- or county-managed (such as Denver Housing Authority), you may file a complaint with your housing authority using their procedures. See Denver Housing Authority for local resources.
• Statewide, the main tribunal for residential tenancy disputes is the Colorado Judicial Branch, particularly County Court for civil/eviction matters.

What to Do Next: Step-by-Step Action for Renters

Here's a quick summary of how to take action if you're experiencing secondhand smoke in your Colorado rental unit:

• Gather evidence and document the problem
• Review your lease for smoking or nuisance clauses
• Notify your landlord in writing (use the official Notice to Landlord form)
• Wait the legally required period for your landlord’s response (24-96 hours, based on health severity)
• If the problem continues, consider contacting your local rental board, Colorado Legal Services, or submitting a complaint in County Court

For more details on legal timelines and processes, visit the Colorado Attorney General's Landlord/Tenant Resource Page.

FAQs: Secondhand Smoke Complaints in Colorado Rentals

1. Can I legally request my neighbor stop smoking in their unit?
   Yes, especially if your lease or building rules restrict smoking or if the smoke creates a serious health risk. If informal requests don't help, notify your landlord in writing and use the official notice form.
2. What if my landlord refuses to address the smoke problem?
   You may have remedies under the Warranty of Habitability law, including filing a formal complaint, withholding rent, or possibly ending your lease if conditions are not fixed quickly. Consult with legal services if needed.
3. Does secondhand marijuana smoke count the same as tobacco under Colorado law?
   Yes. Secondhand marijuana smoke can also be considered a nuisance or hazard — the steps and protections are the same for all types of smoke.
4. Are there any statewide laws requiring all rentals to be smoke-free?
   No, Colorado does not require all rentals to be smoke-free. However, many leases or city ordinances may set stricter rules, so check your rental agreement and local laws.
5. Which government agency handles disputes about secondhand smoke in rentals?
   The main tribunal for tenancy disputes in Colorado is the Colorado Judicial Branch, County Court. For advice or help, you may also contact Colorado Legal Services.

Need Help? Resources for Renters

• Colorado Attorney General: Landlord/Tenant Resources
• Colorado Legal Services – Free or low-cost legal help for renters
• Colorado Judicial Branch – Tribunal for residential tenancy matters
• Notice to Landlord of Dangerous Condition (official form)
• Contact your local city or county housing authority for further support (for example, Denver Housing Authority)

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1. ^[1] See Warranty of Habitability and Colorado Revised Statutes Title 38 Article 12 Part 5.

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