Radon Disclosure and Termination of Tenancy

Residential Landlord Notice Obligations to Tenants: Radon Disclosure and Termination of Tenancy at Expiration of Lease Term

Colorado’s landlord / tenant law is constantly evolving and generally favorable to tenants of residential properties. As a result, landlords of residential properties must ensure compliance with these laws, including providing proper notice to tenants prior to the execution of the residential lease and in advance of the expiration of the lease term. Two important types of notice landlords must provide to tenants are a radon disclosure and a notice of termination of the tenancy in advance of the natural expiration of the lease term.

Radon Disclosure

Prior to the execution of the residential lease, landlords are required to provide a written radon disclosure to the tenants, which must include the following information in a document that the tenant signs to acknowledge receipt of the disclosure:

• (I) A warning statement in bold-faced type that is clearly legible in substantially the same form as is specified as follows:
  • The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
    Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.
• (II) Any knowledge the landlord has of the residential real property’s radon concentrations, including the following information:
  • (A) Whether a radon test or tests have been conducted on the residential real property;
  • (B) The most current records and reports pertaining to radon concentrations within the residential real property;
  • (C) A description of any radon concentrations detected or mitigation or remediation performed; and
  • (D) Information regarding any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed in the residential real property; and
• (III) A copy of the most recent brochure published by the Colorado Department of Public Health and Environment in accordance with C.R.S. § 25-11-114(2)(a) that provides advice about radon in real estate transactions. See C.R.S. § 38-12-803 (radon disclosure statute).

Principle Law suggests landlords (1) obtain tenant’s signature on the foregoing radon disclosure document and retain a copy of the executed radon disclosure document; and (2) add a provision to their residential lease requiring the tenants to acknowledge receipt of the radon disclosure.

Notice to Terminate Tenancy

To ensure tenants of a residential premises vacate the premises upon the natural expiration of the lease term established by the lease agreement, landlords must complete and serve a Notice to Terminate Tenancy upon the tenants at least ninety-one (91) days prior to the last day of the lease term. This Notice to Terminate Tenancy may be served by delivering a copy to the tenant or a family member above the age of fifteen (15) residing on the premises. If personal service is not possible after two attempts on two separate days, the notice may be posted in a conspicuous place (i.e., on the front door) at the premises. See C.R.S. § 13-40-108 (personal service statute). Failure to timely and properly serve the Notice to Terminate Tenancy upon the tenants may delay or hinder landlord’s ability to evict tenants from the premises after the lease term expires pursuant to Colorado’s newly enacted no-fault eviction statutes.