38-12-102. Definitions.

Statute text

As used in this part 1, unless the context otherwise requires:

(1) "Home owner" has the meaning set forth in section 38-12-201.5 (2).

(2) "Landlord" means a landlord, as defined in section 38-12-502 (5), or the management or landlord of a mobile home park, as defined in section 38-12-201.5 (3).

(3) "Late fee" means a monetary sum that a landlord charges a tenant or home owner as a result of the tenant's or home owner's failure to timely pay rent and that is determined pursuant to a rental agreement between the landlord and the tenant or home owner.

(4) "Normal wear and tear" means deterioration that occurs, based upon the use for which a rental unit or mobile home space, as defined in section 38-12-201.5 (6.5), is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or home owner or members of the tenant's or home owner's household or their invitees or guests.

(5) "Rent subsidy provider" means a public or private entity, including a public housing authority, that provides ongoing financial assistance to a landlord for the purpose of subsidizing rent.

(6) "Security deposit" means any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for a residential premises or any part of a residential premises.

(7) "Tenant" has the meaning set forth in section 38-12-502 (9).

History

Source: L. 71: p. 592, 1. C.R.S. 1963: 58-1-27. L. 2021: Entire section amended, (SB 21-173), ch. 349, p. 2265, 7, effective October 1. L. 2023: (4) amended, (HB 23-1301), ch. 303, p. 1842, 83, effective August 7.

Annotations

 

ANNOTATION

Annotations

Law reviews. For comment, "Colorado's Wrongful Withholding of Security Deposits Act: Three Litigious Shares in an Untested Law", see 49 Den. L.J. 453 (1973). For article, "The Colorado Security Deposit Act", see 50 U. Colo. L. Rev. 29 (1978).

Landlord undefined. This section does not define the term landlord nor does it state what constitutes the landlord-tenant relationship. Houle v. Adams State Coll., 190 Colo. 406, 547 P.2d 926 (1976).

The legislative intent does not expand the common-law definition of a landlord and a tenant. Houle v. Adams State Coll., 190 Colo. 406, 547 P.2d 926 (1976).

College board of trustees is not landlord. Houle v. Adams State Coll., 190 Colo. 406, 547 P.2d 926 (1976).

Dormitory student is not tenant. Houle v. Adams State Coll., 190 Colo. 406, 547 P.2d 926 (1976).

"Residential premise". A furnished condominium unit containing complete sleeping and eating facilities and available for short-term rentals is a "residential premise" subject to the provisions of this act. Haan v. Mtn. Queen Condo. Ass'n, Inc., 717 P.2d 969 (Colo. App. 1985), rev'd on other grounds, 753 P.2d 1234 (Colo. 1988).

The language adopted by the parties to a rental agreement to describe a payment made by the tenant to the landlord prior to occupancy is not dispositive of the question of whether the payment constitutes a "security deposit". Mtn. Queen Condo Ass'n v. Haan, 753 P.2d 1234 (Colo. 1988).

Applied in In re Quintana, 28 B.R. 269 (Bankr. D. Colo. 1983).