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Overview
Colorado has some of the strongest mold-related tenant protections in the United States. While there is no standalone mold-specific statute, mold is explicitly addressed under Colorado's Warranty of Habitability law. The state has enacted two major pieces of legislation that directly address mold: HB19-1170 (Residential Tenants Health and Safety Act of 2019) and SB24-094 (Safe Housing for Residential Tenants of 2024). These laws establish that mold associated with dampness can render a rental property uninhabitable and provide specific timelines and remediation requirements for landlords. [Colorado Rules Regarding Mold in Rental Properties - Nolo]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Mold Remediation
Tenants have the right to prompt mold remediation when mold associated with dampness is present. Landlords must respond within 24 hours and begin remediation within 72-96 hours, including containment, stopping water sources, and installing HEPA filtration.
Right to Temporary Housing
If mold significantly interferes with health or safety, tenants can request alternative accommodations at the landlord's expense. The landlord must provide a comparable dwelling or hotel room within 24 hours. For displacements longer than 48 hours, the temporary housing must include kitchen facilities or the landlord must provide a daily meal stipend.
[SB24-094 Safe Housing for Residential Tenants - Colorado General Assembly]
Landlord Responsibilities
Maintain Habitable Premises
Landlords must ensure the property is fit for human habitation at the start of tenancy and maintain it throughout occupancy. This includes ensuring there is no mold associated with dampness that could materially interfere with tenant health or safety.
[C.R.S. 38-12-505 - Uninhabitable Residential Premises (2024)]
Respond Within 24 Hours
Upon receiving notice of mold or potential mold issues, landlords must respond within 24 hours if the condition impacts health and safety. For conditions not immediately threatening, remedial action must commence within 96 hours.
Remedies Available to Tenants
Rent Withholding
Available: Tenants may deduct the cost of mold remediation from rent if the landlord fails to remedy the condition. The tenant must provide at least 10 days advance written notice of intent to hire a licensed professional (or 48 hours if the condition materially affects health or safety). The notice must include specific information including the condition, date of original notice to landlord, and a good-faith cost estimate from an unrelated, licensed professional. If the landlord does not obtain alternative estimates within 4 business days, the tenant may proceed with deductions. Tenants cannot hire relatives to perform the work.
[C.R.S. 38-12-507 - Breach of Warranty of Habitability - Tenant's Remedies (2024)]
Repair and Deduct
Available: Colorado law explicitly allows repair and deduct for habitability issues including mold. Tenants must provide written notice with: the date of notification, landlord/property manager name, rental address, condition requiring repair, date tenant first notified landlord, and at least one good-faith cost estimate from a properly licensed professional unrelated to the tenant. Standard notice is 10 days; for health/safety emergencies, only 48 hours notice is required. The landlord may provide an alternative professional within 4 business days. Tenants may also replace broken appliances with comparable replacements after giving 3 days notice.
[C.R.S. 38-12-507 - Breach of Warranty of Habitability - Tenant's Remedies (2024)]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Colorado
Understanding Colorado's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Colorado's Semi-Arid Mountain Climate
Colorado has a semi-arid to alpine climate with low humidity (typically 30-50%) and moderate precipitation (15-20 inches annually on the plains, more in mountains). While Colorado's dry climate might suggest low mold risk, the state experiences unique moisture challenges including mountain snowmelt flooding, summer monsoons, and indoor humidity issues from evaporative coolers and humidifiers used to combat dry air.
Hidden Mold Risks in Dry States
Despite Colorado's arid reputation, mold is a recognized housing concern. Studies show that indoor mold problems can occur regardless of outdoor climate when buildings have water intrusion, plumbing leaks, or ventilation issues. The Lawrence Berkeley National Laboratory found approximately 47% of all U.S. homes show signs of dampness or mold, including homes in dry climates like Colorado.
Strong State Mold Protections
Colorado has some of the strongest mold-related tenant protections in the nation. HB19-1170 (2019) and SB24-094 (2024) explicitly address mold under the Warranty of Habitability. Landlords must respond to mold complaints within 24 hours and begin remediation within 72-96 hours, including installing containment and using HEPA filtration.
Flooding and Water Damage
Colorado faces flooding risks from mountain snowmelt, flash floods, and summer monsoons. Historic floods like the 2013 Colorado floods caused billions in damage and widespread mold problems in affected homes. Basement flooding is common in areas with high water tables or inadequate drainage.
Source: Colorado Division of Homeland Security and Emergency Management
Common Mold Types in Colorado
Colorado's dry climate is often mistakenly thought to prevent mold. However, indoor moisture from evaporative coolers, mountain snowmelt flooding, and basement moisture issues create significant mold risks. The 2013 Colorado floods caused widespread mold problems that persisted for years.
Cladosporium
Common in Colorado's semi-arid climate, often found on HVAC systems and window areas where condensation occurs.
Alternaria
Thrives in areas affected by snowmelt and mountain runoff. Common in basements and areas with periodic water intrusion.
Aspergillus
Found in homes using evaporative coolers (swamp coolers) where humidity levels increase during summer months.
Penicillium
Grows on water-damaged materials including drywall and insulation after flooding events or plumbing leaks.
Stachybotrys chartarum
Black mold that can develop after flood events or prolonged water damage, particularly in Denver metro area older housing stock.
Source: Colorado Department of Public Health and Environment
Mold Professional Requirements in Colorado
Mold Legislation in Colorado
Enacted laws, pending bills, and historical legislation related to mold in Colorado.
Enacted Laws
SB 24-094: Safe Housing for Residential Tenants
Strengthened Colorado's Warranty of Habitability with specific mold remediation timelines and procedures. Requires landlords to provide temporary housing during remediation, mandates bilingual lease disclosures about tenant rights (effective January 1, 2025), clarifies retaliation protections, and expands attorney general and court jurisdiction over habitability violations.
Impact: Established specific timelines for mold remediation (containment within 72-96 hours), temporary housing requirements including meal stipends for displacements over 48 hours, and mandatory lease disclosures in English and Spanish.
Expired, Vetoed, and Superseded
HB 25-1202: Mold Awareness and Registration Act
Status: Died in House Appropriations Committee, May 2025
Would have required CDPHE to run a public awareness campaign on mold health dangers. Would have created a registration system for mold remediation and assessment professionals requiring active third-party certification and evidence of financial responsibility. Would have mandated landlord disclosure of known mold to tenants and required landlords to hire state-registered specialists.
Significance: Did not pass. Colorado still has no mold professional registration requirement. May be reintroduced in a future session.
Implied Warranty of Habitability
Under Colorado's Warranty of Habitability (C.R.S. 38-12-503), every landlord is deemed to warrant that the residential premises is fit for human habitation at the start of tenancy and throughout the entire rental period. The warranty cannot be waived by any lease provision. Mold associated with dampness is specifically listed as a condition that can breach this warranty. A landlord breaches the warranty if they fail to commence remedial action within 24 hours for conditions that materially interfere with the tenant's life, health, or safety, or within 96 hours for other conditions after receiving proper notice. [C.R.S. 38-12-503 - Warranty of Habitability (2024)]
Mold Disclosure Requirements
Notable Mold Court Cases in Colorado
These cases have shaped mold litigation and tenant rights in Colorado. Understanding legal precedents can help inform your own situation.
Corcoran v. Highlands at Stonegate HOA (2025)
Summary: Homeowner in Parker, CO sued condo association after years of water intrusion caused by poor grading, inadequate waterproofing, and a nonfunctioning drain led to severe toxic mold. The HOA failed to act on repeated complaints and at one point placed plastic wrap over wet carpet, worsening the mold.
Outcome: $1.4 million verdict in September 2025. The HOA subsequently filed for Chapter 11 bankruptcy in November 2025 after the homeowner began garnishing its bank accounts.
Significance: Demonstrates that HOAs can face substantial mold liability in Colorado and that failure to address water intrusion complaints can result in damages large enough to bankrupt an association.
Local Regulations
Some cities in Colorado have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Colorado mold law details.
Denver, CO
Local mold risks, prevention priorities, and next steps for Denver.
Colorado Springs, CO
Local mold risks, prevention priorities, and next steps for Colorado Springs.
Aurora, CO
Local mold risks, prevention priorities, and next steps for Aurora.
Fort Collins, CO
Local mold risks, prevention priorities, and next steps for Fort Collins.
Boulder, CO
Local mold risks, prevention priorities, and next steps for Boulder.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Colorado.
Colorado Division of Housing Emergency Assistance
Provides emergency rental assistance and home repair assistance for low-income Coloradans facing housing emergencies including mold-related issues.
Eligibility: Low-income residents, typically at or below 80% AMI
Phone: 303-864-7810Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners for essential repairs including mold remediation and moisture control.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Grants up to $10,000 for elderly homeowners; loans up to $40,000 at 1% interest
Colorado Housing Connects
Statewide housing assistance hotline connecting residents with tenant-landlord mediation, legal resources, and housing assistance for mold disputes.
Eligibility: All Colorado residents
Phone: 1-844-926-6632Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Colorado have specific mold laws for rental properties?
Yes. While Colorado does not have a standalone mold statute, mold is explicitly addressed under the Warranty of Habitability (C.R.S. 38-12-503 through 38-12-512). The 2019 Residential Tenants Health and Safety Act (HB19-1170) specifically added mold associated with dampness to the list of conditions that can render a rental uninhabitable. The 2024 Safe Housing for Residential Tenants Act (SB24-094) further strengthened these protections with specific remediation timelines.
How quickly must a Colorado landlord respond to mold complaints?
Landlords must respond within 24 hours if the mold condition materially affects the tenant's health, life, or safety. For other mold conditions, landlords must commence remedial action within 96 hours. Within 72 hours of receiving notice, landlords must install containment, stop water sources, and install HEPA filtration to reduce tenant exposure.
Can I withhold rent for mold in Colorado?
Yes. Colorado allows tenants to deduct remediation costs from rent if the landlord fails to address mold. You must give at least 10 days written notice (or 48 hours for health emergencies) of your intent to hire a licensed professional, including a good-faith cost estimate. You cannot hire a relative for the work, and you must provide the landlord with an invoice afterward.
Official Resources
These official resources can help you understand your rights and take action: