Required Disclosures in Colorado

Open communication is the cornerstone of a good landlord-tenant relationship. When both parties are honest about the rental and expectations, things go far more smoothly. In many states, laws encourage more transparency by requiring landlords to make disclosure statements about specific issues within a building or rental.

Here, we take a closer look at required disclosures in Colorado and what you need to know as a tenant or landlord in Boulder, Denver, or any other community. Find yourself in need of an experienced landlord-tenant dispute lawyer in Colorado? Call Flaxman Law Group, the family-based team. You can reach us at 970-999-0530 to set up a consultation with our Denver office.

Colorado does not have specific required disclosures, the way that states such as California have. However, Colorado landlords do need to follow federal rules for required disclosures.

One of the most significant of these is the lead paint disclosure requirement. If the rental property was built before 1978, federal law requires landlords to disclose any known lead-based paint hazards. Landlords must also provide tenants with an informational pamphlet about lead-based paint.

There are exceptions to this rule. Landlords may not have to disclose lead paint if:

• The home is used as a vacation rental for fewer than 100 days a year.
• The rental has been certified as lead-free by a state-accredited inspection professional.
• The house is specifically for persons living with disabilities (AND no children under six will live there).
• The rental is one room in a residential home.
• The rental is an efficiency apartment, loft, or studio.
• The rental is in a retirement or senior community, AND no children under six will regularly visit or live in the unit.

Failing to provide a lead disclosure if you’re required to as a landlord can result in $16,773 in fines for each offence. Landlords can also be held liable for a tenant’s injuries and losses resulting from the lead paint.

As of August 7, 2023, some landlords who rent residential property also need to provide radon disclosures, under Senate Bill 23-206 (SB 23-206), now C.R.S. § 38-12-803. Landlords are now required to:

• Provide wording in a residential lease, outlining the risks of radon and recommending that tenants get a radon test and radon mitigation, if needed.
• Provide renters with a brochure from the Colorado Department of Public Health and Environment, which has information about radon.
• Offer any information about radon in the rental, such as previous radon tests conducted and their results, any mitigation measures taken, and any knowledge available about radon in the property.

In addition, if a tenant requests bedbug information, landlords must disclose any inspections within the last eight months where bedbugs were found. Landlords also must reveal the last date of inspection where the rental was found bedbug-free.

Some communities have their own disclosure requirements and requirements do change. As a landlord, it’s important to stay aware of what you need to share with your tenant about the rental.

As a renter, it’s crucial to be aware of what the landlord needs to reveal. It could affect your health. If a landlord doesn’t reveal something that ends up causing you harm or losses, you may want to consult with a landlord-tenant dispute attorney in Colorado to find out what options you might have for making the situation right.

Sometimes, landlords may not know about problems with a unit. They may inadvertently fail to disclose information that ends up causing injury or harm to a tenant. In these situations, disagreements can arise. A landlord may argue they acted in good faith and a tenant may argue that they should have been told about specific issues with a unit.

The stakes are high with disclosures, since failure to comply with laws can result in penalties for the landlord and injury for the tenant. In these situations, we recommend at least talking to a Colorado landlord-tenant dispute lawyer to find out how to protect your rights. Whether you’re a landlord or tenant, you can arrange a consultation with a landlord-tenant dispute attorney at the Denver offices of Flaxman Law Group simply by calling 970-999-0530. Our father-son attorney team, more than 60 years of combined experience, and our compassionate approach to every case are here to serve you.