Mold in Apartments in Denver

Why Denver’s Climate Still Creates Mold Problems in Apartments

Denver’s semi-arid climate and low humidity make it seem like a place where mold wouldn’t thrive. Yet thousands of renters deal with mold in rental apartments in Denver every year. The reason has less to do with the weather and more to do with building design and maintenance. For example, researchers published a 2023 article in The International Journal of Hygiene and Environmental Health, in which they described studies showing that the Sun Valley area of Denver had higher rates of mold than other housing, in part because older housing stock in the area was poorly maintained.

The problem is not limited to Sun Valley. Denver’s rapid growth has created pressure on housing, in older neighborhoods like Capitol Hill, Baker, and Five Points. Many of these buildings were constructed before modern ventilation standards existed. However, even in newer areas with luxury housing, mold can be an issue. Our homes are more winter-proofed than ever before, with tight windows and insulation that can trap moisture inside. Without adequate ventilation, mold can develop. And, of course, even new and costly homes can develop a hidden leak that can lead to mold and property damage, especially if construction shortcuts and cost-saving measures on the part of builders lead to systems that fail prematurely.

Because of Denver’s high elevation, temperature swings are common. Warm days followed by chilly nights lead to condensation inside walls and ceilings, feeding mold growth behind drywall where tenants can’t easily see it. By the time visible mold appears, the contamination may already be extensive.

Tenant Rights Under Colorado Law for Mold in Rental Units

Under Colorado law, landlords have a legal responsibility to provide safe, habitable living conditions. Colorado’s Residential Tenants Health and Safety Act (HB19-1170), along with Colo. Rev. Stat. § 38-12-504 (2024), requires landlords to maintain rental properties that meet basic standards of habitability.

Under Colorado’s Residential Tenants Health and Safety Act (HB19-1170), if an apartment has mold caused by mold or another serious issue caused by mold that could harm the safety or health of the tenant, the landlord must act within 96 hours of getting notice of the issue from the tenant. The landlord is obligated to stop leaks or other sources of mold, install containments, and install an appropriate air filtration device, if needed. The landlord is responsible for removing the risk associated with mold.

Under Colorado rules, the tenant must inform the landlord in writing or through electronic means as soon as they notice dampness, mold, or other issues that could affect the habitability of the rental.

Colo. Rev. Stat. § 38-12-504 (2024) requires that landlords maintain their properties in good working order, including maintaining all major systems, such as ventilation and HVAC systems. If you have mold in your apartment, it may be because your landlord violated this rule, allowing moisture to form in your home.

If your landlord ignores your mold complaint or performs inadequate cleanup, they may be violating the law. They may also be violating the law if they try to pressure you to move out or try to retaliate after you report mold.

Health Issues From Mold Exposure Reported in Denver Apartments

Even small patches of mold can cause serious health problems, especially in Denver’s high-altitude environment, where dry air can already irritate the respiratory system. Exposure to mold spores in apartments has been linked to:

• Chronic coughing, shortness of breath, wheezing, and other allergy-like respiratory symptoms.
• Asthma flare-ups or new respiratory issues.
• Skin rashes, burning eyes, or sinus infections.
• Fatigue, headaches, dizziness, and other neurological symptoms.

In severe cases, mold exposure can lead to long-term lung irritation or immune response. Children, seniors, and individuals with allergies are particularly vulnerable. The vulnerable individuals can develop endocarditis, a very rare condition that can lead to heart failure. There have also been links found between mold exposure and anemia, which can also be fatal. Research is still uncovering the links between serious illness and mold, but there have been cases of wrongful death claims arising from mold growth.

If you’ve been experiencing unexplained health symptoms, keep a detailed record and see a medical professional as soon as possible. Explain your concerns about mold, so your doctor knows what to look for.

What to Do if Your Denver Landlord Fails to Address Mold Complaints

There are many ways a landlord in Denver may fail to address mold. He or she may blame you for the growth or may simply clean or paint over the area, which just means the mold will come back. In some cases, landlords will deny that black spots or a musty smell are mold or will promise to fix the problem “later,” then delay taking action for months. If any of this feels familiar, here’s what to do:

1. Document everything. Take clear photos and videos of visible mold, leaks, and damage. Keep a written log of all communications with your landlord. Keep records of your symptoms, any expenses you have had to incur because of the mold, and any time you’ve had to miss at work because of your symptoms.
2. Submit your complaint in writing. Colorado law requires written notice. Email or certified mail ensures proof of delivery.
3. Request an inspection. The Denver Department of Public Health & Environment (DDPHE) can inspect serious habitability issues. Their reports can be powerful evidence in your case.
4. Avoid unsafe cleanup. Don’t attempt to remove large areas of mold yourself. It can release spores that you can breathe in, which can make your symptoms worse. A DIY solution is also unlikely to work if there is mold or an underlying issue in vents or behind the walls. You may even spread the mold or make the situation worse, so leave this work to mold remediation specialists.
5. Contact a Denver mold damage attorney. An experienced toxic mold claim lawyer can pressure the landlord to comply and ensure your legal rights are fully protected.

At Flaxman Law Group, we know that every day you spend in a contaminated apartment increases your health risks and stress. Our legal team can often resolve disputes before court involvement becomes necessary, but we’re ready to litigate when landlords or property managers refuse to do what’s right.

We work with industrial hygienists, building engineers, environmental testing professionals, and other experts to identify the root cause of contamination and link it to landlord negligence. By pinpointing how and why mold developed, we strengthen your case for repair costs and damages.