Colorado Smoke and Carbon Monoxide Detector Laws for Renters

Renters in Colorado have specific rights to a safe and healthy home, which includes working smoke detectors and carbon monoxide (CO) alarms. Knowing your landlord’s legal responsibilities can help you address safety issues quickly and confidently. This article covers relevant Colorado laws, the installation and maintenance of detectors, what you should do if there is a problem, and how to protect yourself as a renter.

What the Law Requires: Smoke and Carbon Monoxide Detectors in Colorado Rentals

Colorado law mandates that all rental homes must have properly installed smoke detectors and carbon monoxide alarms in key locations. This ensures tenants are protected against fire and dangerous CO gas leaks.

• Smoke Detectors: Must be installed inside every bedroom, outside sleeping areas, and on every level of a rental home, including basements but not crawl spaces or uninhabitable attics.
• Carbon Monoxide Alarms: Required within 15 feet of all sleeping areas in residential properties that have fuel-fired appliances (like gas stoves or furnaces) or an attached garage.

Landlords must install these devices before a new tenant moves in and replace or repair faulty alarms after written notice. Renters should always test alarms monthly and report any issues to their landlord promptly.

Who Is Responsible for Maintenance?

Landlords are responsible for maintenance and replacement, except when a tenant has intentionally damaged or removed a detector. Tenants must not disable, remove, or damage alarms.

Relevant Legislation Covering Detector Requirements

• Colorado Revised Statutes § 38-45-101 et seq. – Carbon Monoxide Alarms
• Colorado Revised Statutes § 38-12-104 – Landlord and Tenant Duties

Both statutes provide the legal foundation for rental safety standards.

What If Your Smoke or Carbon Monoxide Detector Is Missing or Doesn’t Work?

If you notice detectors are missing, expired, or do not function, take these steps:

• Notify your landlord in writing (email or letter) as soon as possible.
• If there is no response after a reasonable period, send a second written notice.
• Keep copies of all communications.

If the problem is still unresolved after reasonable attempts, you may contact your local building or code enforcement office. Renters can also ask the Colorado Department of Local Affairs' Division of Housing for further guidance.

Are There Official Forms?

• Name: Complaint Form – Division of Housing Landlord/Tenant Inquiry
• When to Use: File this online form if your landlord fails to address health or safety risks, including missing or nonfunctional alarms, after reasonable requests.
• Where to Find: Colorado Landlord-Tenant Inquiry Form

Example: If your landlord does not install a CO alarm after proper written notification, you may submit the Division of Housing complaint form with relevant details and documentation.

If a Disagreement Persists: Which Tribunal Handles Complaints?

If your problem leads to significant health or safety concerns, you may contact your city or county Code Enforcement Office or consider a complaint in small claims court. For legal disputes, renters may need to use the Colorado Judicial Branch or consult with a housing counselor.

• Colorado Judicial Branch (handles landlord-tenant legal actions)
• Division of Housing – Landlord/Tenant Resources

FAQ: Renters' Questions About Detector Laws in Colorado

1. Do landlords have to provide both smoke and carbon monoxide detectors in Colorado rentals?
   Yes, Colorado law requires landlords to install and maintain both smoke detectors and carbon monoxide alarms in rental units.
2. Where must detectors be placed in a rental home?
   Smoke detectors should be in every bedroom, outside sleeping areas, and on each level. Carbon monoxide alarms must be within 15 feet of every sleeping area if a fuel-burning appliance or attached garage exists.
3. Who pays for new detectors or batteries?
   Landlords are responsible for installation and maintenance, which includes replacing units or batteries unless the tenant has disabled or damaged the device.
4. What should I do if my landlord does not respond to maintenance requests for detectors?
   Send written documentation, keep copies, and if needed, file a formal complaint with the Division of Housing using their online Landlord/Tenant Inquiry Form.
5. Can I take legal action if my home lacks required detectors?
   Yes, you may contact local code enforcement or file in small claims court for unresolved, serious safety violations after giving your landlord reasonable written notice and time to respond.

Conclusion: Key Takeaways for Renters

• Colorado law protects tenants by requiring working smoke and carbon monoxide detectors in rentals.
• Landlords are responsible for installing and maintaining alarms, but tenants should promptly report any problems.
• Know your rights, use written requests, and seek help from state resources or the courts if necessary.

Staying informed and proactive helps ensure your rental home meets Colorado’s important safety standards.

Need Help? Resources for Renters

• Colorado Division of Housing – Landlord-Tenant Information: Guidance, complaints, and forms
• Colorado Judicial Branch: Small claims, legal forms, and tribunal processes
• Colorado General Assembly: Access to updated housing legislation
• Your local city or county code enforcement office for health and safety inspections

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1. Colorado Revised Statutes § 38-45-101 et seq. – Carbon Monoxide Alarms
2. Colorado Revised Statutes § 38-12-104 – Duties of Landlord and Tenant
3. Colorado Department of Local Affairs – Landlord/Tenant
4. Colorado Judicial Branch

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