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Pest Infestations

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Colorado renters have the right to live in safe and healthy housing. A law called the warranty of habitability generally requires landlords to provide housing that is safe and healthy to live in. This includes keeping rental homes free from serious pest or rodent infestations. If pests such as mice, insects, or other vermin are present, the rental unit may be considered uninhabitable, and the landlord must address the problem once they receive written notice. Uninhabitable means it isn’t safe or healthy to live there.

This guide explains: 

  • What counts as an infestation 
  • What steps you can take if pests appear in your home 
  • How quickly landlords are generally required to respond
  • The responsibilities both tenants and landlords must follow under Colorado law 

There are special rules around bedbugs. See our guide on Bedbugs in Your Rental for more information. 

For more general information on the warranty of habitability, please see our Safe and Healthy Housing guide.

What counts as an infestation?

In general, the law protects tenants from:

  • Rodents
  • Vermin
  • Pests
  • Insects

If these are in a rental unit, the home may be considered uninhabitable until the issue is addressed. Examples may include animals or pests such as mice, cockroaches, termites, fleas, bats, ants, mosquitoes, and similar intruders. 

What do I do if I find pests?

If you notice an infestation in your rental home, start by documenting the problem and notifying your landlord.

Step 1: Gather proof of the pests

Examples are photos and videos.

Step 2: Notify your landlord in writing

Even if you have already spoken to your landlord, you should also send written notice.
Written notice can include:

  • Email
  • Text message
  • Letter
  • Hand-delivered note
  • Message through a tenant portal

Keep a copy of the notice for your records. Written notice can help show when the landlord was informed about the problem. 

Step 3: Follow any lease communication rules

Some leases explain how tenants must contact the landlord. Check your lease to see whether it requires a specific method of communication like providing notice through an online tenant portal. 
 

Step 4: Allow reasonable access

Landlords usually need access to inspect or treat the infestation. In most cases, they must give 24 hours’ notice before entering your home unless there is an emergency. 

You may be asked to take steps that help exterminators reach affected areas, such as moving items or keeping certain areas accessible.

Step 5: Take reasonable precautions

Tenants should also help prevent future infestations when possible. For example:

  • Avoid leaving doors open if pests can enter.
  • Clean up food and garbage promptly.
  • Follow any instructions given during pest treatment.

If an infestation happens because of your actions, you may be responsible for the cost of fixing it. 

How quickly does my landlord have to respond?

Once a landlord gets written notice of an infestation, Colorado law requires a response within certain time limits.

Response time

The landlord must respond within:

  • 24 hours if the problem affects life, health, or safety
  • 72 hours in other situations 

Time to fix the problem

Landlords typically must resolve the infestation, not just attempt to fix it. The usual timelines are:

  • 7 days if the issue affects life, health, or safety
  • 14 days for other situations 

If the problem continues, the landlord may need to keep working on the issue until it is resolved.

Ongoing responsibilities of landlords

Even when there is no active infestation, landlords must maintain certain conditions that help prevent pests.

A rental property should generally have:

  • Exterior windows and doors that are intact and properly sealed
  • Common areas that are kept reasonably clean and pest-free
  • Adequate outdoor trash containers
  • Compliance with local housing, health, and building codes 
  • These protections cannot be waived in a lease.

Responsibilities of tenants

You also have responsibilities to help keep your home safe and sanitary:

  • Keep the home reasonably clean.
  • Dispose of garbage and waste properly.
  • Use appliances, toilets, and utilities in a reasonable way.
  • Avoid damaging the property. 

If an infestation occurs because you ignored these responsibilities—such as leaving trash out or failing to report early signs—you may be responsible for the resulting problem. 

How can I prevent infestations before renting?

You can reduce the risk of pest problems before signing a lease.

Consider these steps:

  • Ask to tour the exact unit you will rent.
  • Look for droppings, traps, stains, or gaps where pests might enter.
  • Check cabinets, baseboards, and windows with a flashlight.
  • Ask the landlord or property manager whether the property has had past infestations and when it was last treated.
  • Ask the landlord or property manager what pest-control company they use. 

Getting answers in writing can help avoid misunderstandings later.

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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