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).
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.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1976–2026 · leading case:
Baker v. Young, 798 P.2d 889 (Colo. 1990).
Baker v. Young, 798 P.2d 889 (Colo. 1990).
· cites it 6× “5 of this title, any amount held by a third party as a security deposit, as defined in section 38-12-102(2), C.R.S., or any amount held by a third party as a utility deposit to secure payment for utility goods or services used or consumed by the debtor or his dependents.”
Houle v. Adams State Coll., 547 P.2d 926 (Colo. 1976).
· cites it 4× “Section 38-12-102(2). Treble damages, costs and attorneys' fees are sought by reason of the college's noncompliance with the procedural requirements of section 38-12-103.”
Mountain Queen Condo. Ass'n v. Haan, 753 P.2d 1234 (Colo. 1988).
· cites it 6× “However, the question of whether the payment was a security deposit pursuant to the Security Deposit Act cannot be disposed of on the ground that the trial court denominated it a “rental deposit.”
Anderson v. Shorter Arms, No. 25CA0814 (Colo. Ct. App. Mar. 19, 2026).
· cites it 2× “2025, and the definition portion of the security deposit statute, § 38-12-102, C.R.S. 2025, and contains general allegations about the property’s condition and unattributed improper conduct.”
Colo. Rev. Stat. § 38-12-102(2): 4 cases
Baker v. Young, 798 P.2d 889 (Colo. 1990).
“5 of this title, any amount held by a third party as a security deposit, as defined in section 38-12-102(2), C.R.S., or any amount held by a third party as a utility deposit to secure payment for utility goods or services used or consumed by the debtor or his dependents.”
Houle v. Adams State Coll., 547 P.2d 926 (Colo. 1976).
“Section 38-12-102(2). Treble damages, costs and attorneys' fees are sought by reason of the college's noncompliance with the procedural requirements of section 38-12-103.”
Mountain Queen Condo. Ass'n v. Haan, 753 P.2d 1234 (Colo. 1988).
“However, the question of whether the payment was a security deposit pursuant to the Security Deposit Act cannot be disposed of on the ground that the trial court denominated it a “rental deposit.”
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