Mold & Asbestos in Colorado Rental Properties | Tenant & Landlord Rights

Imagine this: You’re binge-watching Netflix in your Denver apartment when a storm rolls in. Hours later, you notice water dripping down your wall. Fast forward a week, and now your wall looks like it’s auditioning for a science fair project titled “The Secret Life of Fuzzy Green Stuff.”

With heavy rain forecasted across Colorado during these summer months and the cold season coming up, renters from Denver to Arvada may soon find themselves in the same boat—literally. Mold loves moisture, and leaks are basically an invitation for it to move in rent-free.

And here’s where the plot thickens: tenants want safe living conditions, landlords want fair protection, and the law sits right in the middle. If you’re renting (or renting out) in Westminster, Highlands Ranch, Denver, or Arvada, here’s what you need to know about mold, asbestos, and Colorado’s rental property laws.

Mold and Asbestos in Colorado Rental Properties – Why Testing Matters

Mold isn’t just ugly—it’s a freeloading roommate that triggers allergies, headaches, asthma and a host of other issues. Asbestos is sneakier: it’s often hidden in older building materials, but if disturbed, it can release microscopic fibers that cause long-term health problems.

That’s why Colorado law takes these hazards seriously, through both the Warranty of Habitability (C.R.S. § 38-12-503), the brand-new Safe Housing for Residential Tenacity Act (SB 24-094) and CDPHE Regulation 8.

A lot of things can cause mold! Including burst pipes during our Colorado freezes. Learn more about what to do when those pipes decide to play Mr. Freeze from the Batman movie in our post What You Need to Know About Burst Pipes in Colorado: Mold and Asbestos Testing.

Colorado Tenant Rights for Mold and Asbestos in Rental Properties

Colorado Warranty of Habitability (C.R.S. § 38-12-503)

This statute requires landlords to provide safe, habitable housing. Mold and asbestos can make a property “uninhabitable.” If you spot issues, you must notify your landlord in writing and give them a chance to fix the problem.

SB 24-094: New Colorado Mold Rental Law

Passed in 2024, this law sharpens the rules:

• Landlords have 7–14 days to address reported hazards. Miss the deadline, and the law presumes they failed.

• If the home is unsafe, landlords must provide temporary housing for up to 60 days—think hotel, not a moldy couch.

• Starting January 2025, leases must include bold, bilingual disclosures about tenant rights.

• Strong anti-retaliation protections mean landlords can’t punish tenants for reporting unsafe conditions.

CDPHE Regulation 8

Along with tenant protection laws, Colorado has CDPHE Regulation 8, which covers asbestos. This regulation requires asbestos testing before repair, renovation, or demolition project that might disturb materials like flooring, ceiling texture, or insulation over 32 square feet. The rule applies no matter how old (or new) the property is, since leftover asbestos products were still being used in construction well into the 1990s and early 2000s.

For tenants, this matters because if water damage or storm repairs are needed in your unit, the landlord (or their contractor) must comply with Regulation 8 before cutting, scraping, or tearing anything out. For landlords, ignoring this rule isn’t just a safety risk—it can mean hefty state fines and legal liability if asbestos fibers are released.

Fun fact: Some landlords now add “mold addendums” to leases: rules like “don’t dry laundry indoors and blame us for spores.

What to Do if Your Landlord Doesn’t Fix Mold or Asbestos Problems

So the rain came, the ceiling leaked, and now your landlord is giving you radio silence. Here’s the playbook:

1. Document everything. Photos, videos, timestamps—pretend you’re filming a documentary called “Attack of the Mold.”

2. Send written notice. Email, certified mail, or the landlord’s portal. Keep a copy.

3. Wait the legal timeline. I know this part is hard, but you have to give them time to fix it. That means the full 7-14 days.

4. Escalate. Contact housing authorities, legal aid, or tenant advocacy groups.

5. Withhold rent carefully. Only after following all steps. Otherwise, you risk eviction. (Double check with a lawyer first before taking this step so it doesn’t back fire)

   
   

Fun fact: Some Colorado tenants have won mold disputes in court using nothing but smartphone photos and professional testing reports. Your camera roll could be Exhibit A.

Landlord Responsibilities for Mold and Asbestos in Colorado Rentals

Of course, not every tenant complaint is valid. Some tenants exaggerate water stains into “toxic black mold” just to dodge rent. That’s where landlords need protection:

• Get professional testing. A neutral lab report beats “my cousin says it smells funny.”

• Act fast after storms. Fixing a leak in Westminster today is cheaper than fighting a lawsuit in three months.

• Keep receipts. SB 24-094 requires recordkeeping anyway.

When this stuff happens, sometimes insurance can help cover the overwhelming costs associated. But how does it work? We wrote a step by step guide on How to Survive the Insurance Claim Circus (Step by Step Guide to Dealing with Asbestos, Mold and Insurance that helps figure out the madness that is insurance claims.

Professional Mold Testing and Asbestos Testing in Colorado Rental Properties

When moisture or damage shows up in a rental property, testing is the only way to know exactly what you’re dealing with. Guesswork won’t hold up in court, with insurance, or in tenant-landlord disputes.

Types of Mold Testing for Rental Properties

• Air samples detect spores floating around.

• Swab or tape lifts identify surface growth.

• EMRI testing can assess indoor mold risk factors (we covered this in detail in our mold testing blog).

Professional testing provides a clear, neutral report that helps tenants and landlords resolve issues without relying on speculation.

There are a few types of ways to figure out if you have mold. Depending on the situation, one might be better than other. In our Mold Testing Explained: Air Samples, Swabs, and ERMI in Denver, we break down the difference types of mold testing and when it makes sense to use it.

INSIDER TIP - Save your money on those DIY mold tests from Amazon! They always show mold (because some level of mold is always in our homes) and they leave more questions than answers.

Asbestos Testing in Colorado Rentals

Colorado law requires asbestos testing any projects greater than 32 square feet (OSHA is 10 square feet)—even if the property was built after the 1980s. This includes:

• Flooring replacements

• Ceiling texture removal

• Drywall cuts during water damage repair

• Insulation or HVAC upgrades

These inspections must be completed by a certified asbestos inspector under CDPHE Regulation 8. Skipping this step not only risks exposure but also carries significant legal and financial penalties for landlords and contractors.

In short: testing is the fastest way to protect health, stay compliant with state law, and resolve disputes fairly.

Mold is super serious, but so is asbestos! But how dangers and when? Our article Is Asbestos Dangerous? | Asbestos Testing in Denver Metro covers that questions and walks you through when you should be concerned and when you shouldn't.

Why Documentation Protects Tenants and Landlords in Mold and Asbestos Cases

When it comes to disputes over mold or asbestos in rental properties, documentation often makes the difference between a quick resolution and a costly legal battle. Clear records protect both sides.

For Tenants:

• Keep copies of all written notices to your landlord.

• Save photos and videos of damage or suspected mold growth.

• Retain copies of professional testing reports and any related medical documentation.

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For Landlords:

• Maintain inspection reports and testing records.

• Keep dated communication logs, including emails, letters, and notices.

• Store receipts and invoices for repairs and remediation work.

Strong documentation creates a clear timeline, demonstrates compliance with Colorado’s habitability laws, and provides critical evidence if a dispute escalates to court or an insurance claim.

Fun fact: Landlords who ignore real mold problems may be on the hook for temporary housing costs. Ignore that roof leak in Highlands Ranch, and you might end up paying for your tenant’s hotel room.

Conclusion

Full disclosure: We’re mold and asbestos nerds, not lawyers. So while we can test your walls and ceilings, we can’t represent you in court. The good news? We know people who can. Our go-to environmental legal team at Britt Law, LLC specializes in navigating these messy situations (pun intended) and can help you sort out the legal side while we handle the testing.

Mold and asbestos don’t care about your lease agreement. They care about moisture, so rentals could be at risk.

Professional testing is the neutral solution—it gives tenants peace of mind, landlords protection, and keeps everyone out of court (and out of moldy apartments).

Call Elevation Environmental Services today for mold and asbestos testing in Denver, Arvada, Westminster, Highlands Ranch, and beyond.

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