Effective Date: August 7th, 2023
Key points:
Mandatory Radon Disclosure in Property Sales: Sellers must include a specific warning statement in bold-faced type within the sales contract, informing buyers about the dangers of radon, the importance of testing, and the availability of mitigation measures. Additionally, sellers are required to disclose any known information regarding the property's radon levels, including past tests, reports, and mitigation efforts.
Obligations for Landlords: Before finalizing a lease agreement, landlords must provide prospective tenants with a written disclosure that includes a warning about radon risks, any known radon test results, and details of any mitigation systems installed. Landlords are also required to supply the latest brochure from the Colorado Department of Public Health and Environment offering advice about radon in real estate transactions.
Tenant Rights and Remedies: If a landlord fails to provide the required disclosures or does not mitigate elevated radon levels (defined as 4 picocuries per liter or higher) within 180 days of notification, tenants have the right to void the lease. Notably, after January 1, 2026, this right applies only to leases longer than one year.
Rulemaking and Licensing: The Colorado Real Estate Commission is tasked with promulgating rules to ensure these radon warnings and disclosures are incorporated into real estate transactions involving brokers. While radon professionals must be licensed in Colorado, tenants are permitted to test their rented properties without obtaining a license.
This legislation aims to increase awareness of radon—a colorless, odorless, and tasteless radioactive gas that is the second leading cause of lung cancer—by ensuring that buyers and tenants are informed about potential radon exposure in residential properties.
