C.R.S.
Section 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)
Intentionally left blank —Ed.(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:(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)
Intentionally left blank —Ed.(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:
Section 38-12-803 — Disclosure - elevated radon - definition, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-38.pdf
(accessed Oct. 20, 2023).