Quick Answer
Under C.R.S. § 38-12-503, when a Colorado tenant gives notice of mold or dampness, you contain the mold, stop the water source, and install a high-efficiency air filter within 96 hours. The containment stays in place until full remediation, which must follow within a reasonable time. Remediation covers worker and occupant safety, moisture control, removing damaged materials, verifying the cleanup, and preventing recurrence. Statute text last checked October 22, 2026.
Key Takeaways
- Ninety-six hours to contain, stop the source, and install a high-efficiency air filter.
- Containment continues until remediation is finished.
- Remediation has parts: safety, moisture control, removal, verification, and prevention.
- Tenant-caused conditions are outside the warranty.
- Keep records of each step and the dates.
1. Start With the Source
Mold follows moisture. Find the leak, condensation, or flooding first, stop it, and photograph it. Fixing the source is part of the 96-hour requirement.
2. Containment and Air Filtration
Containment limits spread while the work is arranged. Install a high-efficiency air filter as the statute describes, and keep the containment in place until remediation is done. Write down the date and time each step was done and who did it.
3. Remediation
The statute describes remediation in five parts: worker and occupant safety, moisture control, removing damaged materials, verifying the cleanup, and preventing recurrence. Choose a qualified contractor, ask for a written scope that follows those parts, and keep the contractor’s verification report.
4. Conditions the Tenant Caused
A condition caused by the tenant, household members, guests, or others under the tenant’s control is not a breach. If you believe that applies, record the observations that led you to that view and discuss them with the tenant in writing.
5. A Checklist
- Acknowledge the notice in writing within 24 hours.
- Inspect, photograph and find the moisture source.
- Within 96 hours, contain, stop the source and install the filter.
- Hire a qualified contractor with a written scope.
- Keep the verification report and tenant communications together.
Documentation That Helps
Photograph the affected area before any work starts, record moisture readings if a contractor takes them, and save every invoice. A dated sequence showing the notice, your acknowledgment, the containment, the filter, and the verification report tells the story of what happened and when. Keep tenant communications polite and factual; they are part of the same record.
Talking With the Tenant
Tell the tenant what you plan to do and when, in writing, and ask about access times. If the tenant asks for a comparable unit or a hotel room for a health, safety or environmental condition, respond to the request in writing so the file shows how you handled it.
Preventing Repeat Problems
After remediation, look for the reason the moisture appeared: a roof leak, a failed seal, poor ventilation, or a plumbing fitting. Fix the cause, not just the stain, and note the fix in the file. Seasonal checks of bathrooms, under sinks, and around windows catch most problems before a tenant needs to report them, and a short written reminder to tenants about ventilation can help too.
Recordkeeping Summary
For each mold or dampness report keep the notice, your acknowledgment, photographs, the contractor scope, the invoices, the verification report, and any communications. Store them under the unit address and date so you can find them quickly.
6. What This Guide Does Not Cover
This guide covers the mold and dampness duties in § 38-12-503. It does not cover health advice, insurance coverage, or tenant remedies. It states the statute and does not predict how a court will rule.
7. Questions Owners Ask
Do I have to remediate in 96 hours? The 96-hour requirement is for containment, stopping the source and installing the filter. Remediation follows within a reasonable time.
Does a cosmetic clean-up satisfy the statute? The statute describes remediation in several parts, including verification and prevention. Use a written scope that covers each part.
What if the cause is a tenant’s habit? Conditions caused by the tenant are outside the warranty. Document your reasons.