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Mold Problems in Rental Homes

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People who rent in Colorado have the right to live in safe and healthy housing. This includes protection from serious mold and dampness issues. State law requires landlords to fix mold problems, especially when they threaten your health or safety. But landlords are only responsible if they know about the issue. 

This guide explains: 

  • What you must do as a tenant
  • What your landlord is required to do
  • What to do if your landlord doesn’t fix the issue

Note:
Colorado law gives tenants (renters) the right to safe housing. This is called warranty of habitability. For more detailed information, see our guide Safe and Healthy Housing.

What do I have to do as the renter?

Before your landlord must act, you must meet certain responsibilities under Colorado’s housing laws:

  • Keep your home reasonably clean and safe.
  • Use appliances and plumbing properly.
  • Report any mold or dampness problems right away.

Important!
Tell your landlord, in writing, about the mold:

  • Texts, emails, or letters all count.
  • Keep a copy!
  • If you signed a lease after January 1, 2025, it should tell you where to send written repair requests. 

Avoid causing mold

You may be responsible for mold if it’s caused by things you control. Be sure to:

  1. Run bathroom fans when showering.
  2. Wipe down wet surfaces like showers.
  3. Avoid overusing humidifiers.

If you caused the mold problem, your landlord may not have to fix it.

What does my landlord have to do?

  1. Once you tell your landlord in writing about the mold or dampness problem, they must act within specific timelines:
    • If the mold is immediately dangerous to your life, health, or safety: Within 24 hours.
    • If the mold is not immediately dangerous: Within 72 hours.

They must reduce the immediate risk by installing a fan, filtration, or containment device to prevent water from causing more mold. 

  1. After that, your landlord must complete full repairs within a reasonable time, including:
    • Keeping any temporary solutions (like fans) working
    • Taking steps to protect you and any workers
    • Fixing the source of the moisture and drying the area
    • Removing or cleaning damaged materials
    • Testing to confirm the mold is gone
    • Rebuilding the area with protections against future mold

Note: 
Your landlord might not have to follow this timeline if:

  • Something outside the landlord’s control stops them from fixing the problem. 
  • You don’t allow the landlord to come into your home to fix the problem. 
  • You do something unreasonable that prevents the landlord from fixing the problem.

What if the mold problem is severe?

If the mold creates a serious risk to your health or safety, your landlord must pay for a hotel or other housing during repairs—but only if you ask.

Important protections

Your landlord cannot:

  • Require you to use your renters insurance to pay for mold cleanup (if you didn’t cause it)
  • File a claim with your renter’s insurance themselves

What if my landlord doesn’t fix the problem?

You have several options under Colorado law if your landlord fails to meet their responsibilities:

  • End your lease and move out
  • Call your local public health department
  • Sue your landlord in court
  • Deduct repair costs from your rent (only under certain conditions)

Important! 
Always document the problem and your communication. Speak to a lawyer before taking steps like withholding rent or ending your lease.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.

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