Residential Lease Addenda - Mold Disclosure - Colorado

COLORADO RESIDENTIAL MOLD CONDITION, NOTICE, AND RESPONSE ADDENDUM

This addendum supplements the residential rental agreement identified below. It records known conditions, gives the parties usable notice and response fields, and preserves Colorado's warranty-of-habitability process. It does not declare that the premises are mold-free, decide whether a condition is legally uninhabitable, transfer a landlord's statutory duties, classify remediation charges as rent, waive a tenant remedy, or select a court.

1. RENTAL AGREEMENT AND NOTICE CHANNELS

Before execution, confirm that the rental agreement separately contains every statement and English-and-Spanish notice-delivery disclosure required by C.R.S. § 38-12-505(3)(c)-(e), in the required type and format.

2. CONDITION DISCLOSURE AND DOCUMENT REGISTER

Landlord states only the actual knowledge and records identified below. A checked item is not a warranty that no other condition exists.

3. STATUTORY CLASSIFICATION CHECK

Colorado defines mold as microscopic organisms or fungi that can grow in damp interior conditions. C.R.S. § 38-12-505(1)(a) treats qualifying mold associated with dampness, or another damp condition, as uninhabitable when the condition would materially interfere with tenant health or safety; the subsection excludes minor mold on surfaces that normally accumulate moisture through proper use.

The reviewer must classify the reported facts before selecting a response period:

• ☐ The condition may materially interfere with life, health, or safety.
• ☐ The premises may be uninhabitable without meeting the preceding classification.
• ☐ The condition appears limited to minor mold on a surface that normally accumulates moisture through proper use.
• ☐ The facts are insufficient; inspection or professional assessment is required.
• ☐ A local code, disability accommodation, environmental event, insurance, or subsidized-housing overlay may apply.

Basis, evidence, and reviewing professional: [________________________________________]

4. TENANT NOTICE

C.R.S. § 38-12-504 requires prompt notice when the premises are uninhabitable or a condition could make them uninhabitable if not remedied. The statute does not impose the former addendum's automatic twenty-four-hour tenant-report deadline.

Date and time sent: [__/__/____] [________]

Delivery method permitted by the rental agreement or property rules:

• ☐ Mail or personal delivery
• ☐ Email
• ☐ Accessible online portal
• ☐ Maintenance service or staff
• ☐ Other permitted method: [________________________________]

Condition, location, first observation, present severity, and requested response:

[____________________________________________________________]
[____________________________________________________________]

Attachments: ☐ photographs ☐ video ☐ report ☐ prior request ☐ medical or accommodation request voluntarily supplied ☐ other: [____________]

Delivery evidence retained: [________________________________________]

5. LANDLORD RESPONSE AND COMMUNICATION LOG

After statutory notice, use the classification in Section 3 and current C.R.S. § 38-12-503 to calculate each deadline. Do not extend a statutory period through this addendum.

Emergency-entry basis, if advance notice was not given: [________________________________________]

Tenant's reasonable alternative entry date or time, if any: [________________________________________]

6. MOLD-SPECIFIC REMEDIAL ACTION RECORD

For mold associated with dampness or a damp condition that could create mold or materially interfere with life, health, or safety, C.R.S. § 38-12-503(12) requires applicable remedial tasks. Immediate-risk mitigation must include the applicable first three tasks within seventy-two hours after notice; the remaining applicable work must occur within a reasonable time.

Professional qualifications, scope, and standard used: [________________________________________]

Tenant communication and access arrangements: [________________________________________]

7. COST, CAUSATION, AND INSURANCE GATE

C.R.S. § 38-12-503(7) generally places the cost of statutory remediation and repair on the landlord. Under subsection (9), a condition substantially caused by misconduct of the tenant, household member, guest, invitee, or person under the tenant's control is not a basis for a warranty breach, subject to the statute's domestic-violence and related protections.

This addendum does not:

• make a tenant automatically liable for mold or remediation;
• make remediation cost “additional rent”;
• authorize an offset against a security deposit;
• require a tenant to submit a renter's-insurance claim for landlord-responsible work;
• permit a landlord to submit such a claim without the tenant's contemporaneous express written permission; or
• decide causation before the evidence and statutory exceptions are reviewed.

8. RELOCATION, REMEDIES, AND RETALIATION

If the condition materially interferes with life, health, or safety, record any tenant request for the comparable dwelling unit or hotel-room process in C.R.S. § 38-12-503(4) and (12)(c). Do not substitute a discretionary rent-abatement formula for the statutory process.

Relocation requested: ☐ Yes ☐ No

Request date and time: [________________________________]
Housing, per diem, transportation, storage, accessibility, and distance details: [________________________________]

Any termination, repair-and-deduct, rent calculation, damages, fee, injunction, temporary restraining order, defense, counterclaim, or other remedy must be evaluated under current C.R.S. § 38-12-507 and applicable court procedure. This addendum creates no five-day cure or termination period, prevailing-party fee clause, damages exclusion, liability cap, force-majeure extension, or exclusive forum.

C.R.S. § 38-12-509 prohibits retaliation for protected habitability complaints and good-faith exercise or attempted exercise of statutory rights or remedies.

Counsel-reviewed next step and deadline: [________________________________________]

9. PRESERVATION OF RIGHTS

Nothing in this addendum waives or modifies a right, remedy, obligation, or prohibition under Colorado's warranty-of-habitability statutes. Statutory duties control over an inconsistent lease or addendum term. Local health, housing, building, disability, environmental, and subsidized-housing requirements may provide additional protections.

The parties acknowledge receipt of this factual record. A signature does not admit causation, waive a claim or defense, confirm legal compliance, or release any person.

10. SIGNATURES

Sources and References

• Colorado Revised Statutes, Title 38, article 12, parts 5 and 8: https://olls.info/crs/crs2025-title-38.htm
• Colorado General Assembly, SB 25-020 enacted bill history and signed act: https://leg.colorado.gov/bills/sb25-020