Cal. Civ. Code § 38-12-803

Disclosure - elevated radon - definition.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoRequired Disclosures

Operative Text

Cal. Civ. Code § 38-12-803
(1) A
tenant that rents residential real property has the right to be informed of
whether the property has been tested for elevated levels of radon.

(2) (a) 
Before signing a lease agreement for residential real property, the landlord
shall disclose and provide in writing to the tenant 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 department of public health
and environment in accordance with section 25-11-114 (2)(a) that provides
advice about radon in real estate transactions.

(b) The
tenant shall acknowledge receipt of the information described in subsection
(2)(a) of this section by signing the disclosure.

(3) (a) 
Subject to subsection (3)(b) of this section, a tenant may void a lease
agreement and vacate the premises in accordance with section 38-12-507 if the
landlord fails to:

(I) 
Provide the written disclosures described in subsection (2) of this section; or

(II) 
Make a reasonable effort to mitigate radon within one hundred eighty days after
being notified that a radon measurement professional has determined the air
concentration of radon is four picocuries per liter or more.

(b) On
or after January 1, 2026, this subsection (3) does not apply to a lease
agreement that is one year or less in duration.

(4) As
used in this section, "residential real property" includes:

(a) A
single-family home, manufactured home, mobile home, condominium, apartment,
townhome, or duplex; or

(b) A
home sold by the owner, a financial institution, or the United States
department of housing and urban development.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 38-12-803 establishes that residential tenants have the right to know whether a rental property has been tested for elevated radon levels. Before a lease is signed, landlords must provide a written disclosure — acknowledged in writing by the tenant — that includes a bold-faced health warning, any known radon test results or mitigation history, and the Colorado Department of Public Health and Environment's most current radon brochure. If a landlord fails to provide these disclosures, or fails to make a reasonable mitigation effort within 180 days of a professional finding radon levels at or above four picocuries per liter, a tenant may have the right to void the lease — though this remedy does not apply to leases of one year or less entered into on or after January 1, 2026.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 38-12-803, compliant landlords prepare a written radon disclosure document before any lease signing that includes the statutorily specified bold-faced warning, all known radon test records and mitigation documentation, and the current CDPHE radon brochure. Operators generally retain the tenant-signed acknowledgment as part of the lease file to demonstrate that disclosure was made. When a radon measurement professional reports air concentrations at or above four picocuries per liter, landlords are expected to undertake reasonable mitigation efforts within the 180-day window the statute provides.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 38-12-803 gives residential tenants the right to receive written radon disclosure — including any known test results, mitigation history, and a state health brochure — before signing a lease. If a landlord does not provide these disclosures, or does not reasonably address a confirmed elevated radon level within 180 days, tenants may have grounds to void the lease and vacate under the procedures referenced in § 38-12-507, subject to the limitation that this remedy does not apply to leases of one year or less signed on or after January 1, 2026. Tenants who believe a disclosure obligation has not been met may wish to consult a tenant-rights organization or review resources from the Colorado Department of Public Health and Environment to understand available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 25-11-114
Not yet ingested
Colo. Rev. Stat. § 38-12-507
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.265
Tenant to be notified of mortgage foreclosure or cancellation of contract for deed
§ 244.275
Tenant to be notified of environmental contamination testing, abatement, removal or remediation in designated sites
§ 5-12-100
Notice of conditions affecting habitability

Source Information

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