2. Any knowledge the landlord has of the residential real property’s radon concentrations, including the following information: - Whether a radon test or tests have been conducted on the property; - The most current records and reports pertaining to radon concentrations within the property; - A description of any radon concentrations detected or mitigation or remediation performed; - Information about any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed; and
3. Provide An electronic or paper copy of the most recent brochure published by the Colorado Department of Public Health and Environment that provides advice about radon in residential real estate transactions.
The law requires the tenant to acknowledge receipt of the disclosure by signing the disclosure. If a landlord fails to make the required disclosures, or does not make a reasonable effort to mitigate the radon within 180 days after being notified by a radon mitigation professional that the air concentration of radon on four (4) picocuries per liter or more, the tenant may void the lease agreement and vacate the property (on or after January 1, 2026, this remedy will not apply to leases that are one year or less in duration). A landlord breaches the warranty of habitability if the required disclosure is not made.
For brokers that represent landlords, the Real Estate Commission has not promulgated a form. You may use a disclosure form that complies with 12-10-403(4)(b)(VI), C.R.S. Due to the complexity of this law and the potential for leases to be voided if the required disclosure is not properly made, it is recommended that you use a form that is created by an attorney. Additionally, the Colorado Bar Association has approved a Tenant Radon Disclosure for use by brokers that will be available on their website soon.
|