Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-12-101 (2026)

Legislative declaration

✓ current as of July 2026
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This part 1 shall be liberally construed to implement the intent of the general assembly to ensure the proper administration of security deposits and late fees and protect the interests of tenants, mobile home owners, and landlords.

Source: L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-26. L. 2021: Entire section amended, (SB 21-173), ch. 349, p. 2265, § 6, effective October 1.

Notes of Decisions
Cited in 15 cases, 1975–2013 · leading case: Mishkin v. Young, 107 P.3d 393 (Colo. 2005).
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Mishkin v. Young, 107 P.3d 393 (Colo. 2005). · cites it 4× “The irony of the landlord's contention is that had the General Assembly intended to permit a landlord to account for a deposit after the statutory deadline of subsection (1), not only would subsection (2) be rendered meaningless because there could be no forfeiture, but the time…”
Town of Telluride v. Lot Thirty-Four Venture, L.L.C., 3 P.3d 30 (Colo. 2000). · cites it 2× “See §§ 38-12-101, to -302, 10 C.R.S. (1999). Landlord-tenant relations is an area in which state residents have an expectation of consistency throughout the state.”
Turner v. Lyon, 539 P.2d 1241 (Colo. 1975). · cites it 4× “This case involves construction of the Security Deposit Act, section 38-12-101 et seq., C.R.S. 1973. 1 The respondents Lyon (hereinafter “tenants”) lived in a house owned by the petitioner Turner (hereinafter “landlord”).”
Anderson v. Rosebrook, 737 P.2d 417 (Colo. 1987). · cites it 3× “A limited exception to the common law doctrine of accord and satisfaction was created by the enactment of the Security Deposit Act [hereinafter the Act], sections 38-12-101 to -103, 16A C.R.S. (1982).”
Ingold v. AIMCO/Bluffs, L.L.C. Apts., 159 P.3d 116 (Colo. 2007). “The Ingolds are correct, however, that their claim against Boulder Creek Apartments for violation of the Wrongful Withholding of Security Deposits Act, sections 38-12-101 to -104, C.R.S. (2006) (the "Security Deposits Act"), cannot be arbitrated.”
Cagle v. Mathers Fam. Trust, 2013 CO 7, 295 P.3d 460. “val of sales literature if the transaction involves securities registered under the Securities Exchange Act of 1934); § 11-51-311 (coordinating exemptions in the CSA with exemptions for securities and transactions under the federal securities acts "lin furtherance of the policy…”
Mishkin v. Young, 198 P.3d 1269 (Colo. Ct. App. 2008). · cites it 2× “§ 38-12-101, C.R.S. 2008. 'The supreme court has relied on this legislative declaration in construing the Act liberally in favor of tenants.”
Torres v. Portillos, 638 P.2d 274 (Colo. 1981). · cites it 2× “The legislative declaration in section 38-12-101 of the security deposits act states: The provisions of this part.”
Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987). “2d 1075 (1977) (recognizing that § 38-12-101 through -103, 16A C.R.S. (1982), governing wrongful withholding of security deposits by residential landlords, was enacted to equalize the disparity in power which exists between landlord and tenant in disputes over relatively small…”
Mountain Queen Condo. Ass'n v. Haan, 753 P.2d 1234 (Colo. 1988). · cites it 6× “1985), the Court of Appeals held that under statutory provisions prohibiting the wrongful withholding of security deposits, §§ 38-12-101 to -103, 16A C.R.S. (1982) (hereinafter referred to as the “Security Deposit Act”), 1 respondent Ronald J.”
Guzman v. McDonald, 570 P.2d 532 (Colo. 1977). · cites it 2× “Section 38-12-101, et seq., C.R.S. 1973. Petitioners Guzman and French (tenants) leased residential property owned by respondents McDonald (landlords).”
Houle v. Adams State Coll., 547 P.2d 926 (Colo. 1976). · cites it 2× “This case, one of first impression in Colorado, involves the determination of whether a state college is a landlord within the meaning of the Security Deposit Act, sections 38-12-101 et seq., C.R.S.1973. Plaintiff-petitioner was formerly a student and dormitory resident at Adams…”
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