Colorado § 38-12-803 - Disclosure - elevated radon - definition.

§ 38-12-803. Disclosure - elevated radon - definition.

(1) A tenant that rents residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.

(2) (a) Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:

(I) A warning statement in bold-faced type that is clearly legible in substantially the same form as is specified as follows:

The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.

Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.

(II) Any knowledge the landlord has of the residential real property's radon concentrations, including the following information:

(A) Whether a radon test or tests have been conducted on the residential real property;

(B) The most current records and reports pertaining to radon concentrations within the residential real property;

(C) A description of any radon concentrations detected or mitigation or remediation performed; and

(D) Information regarding any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed in the residential real property; and

(III) A copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.

(b) The tenant shall acknowledge receipt of the information described in subsection (2)(a) of this section by signing the disclosure.

(3) (a) Subject to subsection (3)(b) of this section, a tenant may void a lease agreement and vacate the premises in accordance with section 38-12-507 if the landlord fails to:

(I) Provide the written disclosures described in subsection (2) of this section; or

(II) Make a reasonable effort to mitigate radon within one hundred eighty days after being notified that a radon measurement professional has determined the air concentration of radon is four picocuries per liter or more.

(b) On or after January 1, 2026, this subsection (3) does not apply to a lease agreement that is one year or less in duration.

(4) As used in this section, "residential real property" includes:

(a) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or

(b) A home sold by the owner, a financial institution, or the United States department of housing and urban development.

Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2137, § 3, effective August 7.

Cross references: For the legislative declaration in SB 23-206, see section 1 of chapter 356, Session Laws of Colorado 2023.

PART 9

RENTAL APPLICATION FAIRNESS ACT