Residential Rental Lease Agreement
ARTICLE 12
Tenants and Landlords
PART 1
SECURITY DEPOSITS - WRONGFUL WITHHOLDING
Legislative declaration.
The provisions of this part 1 shall be liberally construed to implement
the intent of the general assembly to insure the proper administration
of security deposits and protect the interests of tenants and landlords.
§38-12-101
Source: L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-26.
Definitions.
As used in this part 1, unless the context otherwise requires:
(1) "Normal wear and tear" means that deterioration which occurs,
based upon the use for which the rental unit is intended, without negligence,
carelessness, accident, or abuse of the premises or equipment or chattels
by the tenant or members of his household, or their invitees or guests.
(2) "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 residential premises or any part thereof.
§38-12-102
Source: L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-27.
Return of security deposit.
(1) A landlord shall, within one month after the termination of
a lease or surrender and acceptance of the premises, whichever occurs last,
return to the tenant the full security deposit deposited with the landlord
by the tenant, unless the lease agreement specifies a longer period of
time, but not to exceed sixty days. No security deposit shall be retained
to cover normal wear and tear. In the event that actual cause exists for
retaining any portion of the security deposit, the landlord shall provide
the tenant with a written statement listing the exact reasons for the retention
of any portion of the security deposit. When the statement is delivered,
it shall be accompanied by payment of the difference between any sum deposited
and the amount retained. The landlord is deemed to have complied with this
section by mailing said statement and any payment required to the last
known address of the tenant. Nothing in this section shall preclude the
landlord from retaining the security deposit for nonpayment of rent, abandonment
of the premises, or nonpayment of utility charges, repair work, or cleaning
contracted for by the tenant.
(2) The failure of a landlord to provide a written statement within
the required time specified in subsection (1) of this section shall work
a forfeiture of all his rights to withhold any portion of the security
deposit under this section.
(3)
(a) The willful retention of a security deposit in violation of
this section shall render a landlord liable for treble the amount of that
portion of the security deposit wrongfully withheld from the tenant, together
with reasonable attorneys' fees and court costs; except that the tenant
has the obligation to give notice to the landlord of his intention to file
legal proceedings a minimum of seven days prior to filing said action.
(b) In any court action brought by a tenant under this section,
the landlord shall bear the burden of proving that his withholding of the
security deposit or any portion of it was not wrongful.
(4) Upon cessation of his interest in the dwelling unit, whether
by sale, assignment, death, appointment of a receiver, or otherwise,
the person in possession of the security deposit, including but
not limited to the landlord, his agent, or his executor, shall, within
a reasonable time:
(a) Transfer the funds, or any remainder after lawful deductions
under subsection (1) of this section, to the landlord's successor in interest
and notify the tenant by mail of such transfer and of the transferee's
name and address; or
(b) Return the funds, or any remainder after lawful deductions under
subsection (1) of this section, to the tenant.
(5) Upon compliance with subsection (4) of this section, the person
in possession of the security deposit shall be relieved of further liability.
(6) Upon receipt of transferred funds under subsection (4) (a) of
this section, the transferee, in relation to such funds, shall be deemed
to have all of the rights and obligations of a landlord holding the funds
as a security deposit.
(7) Any provision, whether oral or written, in or pertaining to
a rental agreement whereby any provision of this section for the benefit
of a tenant or members of his household is waived shall be deemed to be
against public policy and shall be void. §38-12-103
Source: L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-28. L.
76: (2) amended, p. 314, § 67, effective May 20.
Return of security deposit - hazardous condition - gas appliance.
(1) Anytime service personnel from any organization providing gas
service to a residential building become aware of any hazardous condition
of a gas appliance, piping, or other gas equipment, such personnel shall
inform the customer of record at the affected address in writing of the
hazardous condition and take any further action provided for by the policies
of such personnel's employer. Such written notification shall state the
potential nature of the hazard as a fire hazard or a hazard to life, health,
property, or public welfare and shall explain the possible cause of the
hazard.
(2) If the resident of the residential building is a tenant, such
tenant shall immediately inform the landlord of the property or the landlord's
agent in writing of the existence of the hazard.
(3) The landlord shall then have seventy-two hours excluding a Saturday,
Sunday, or a legal holiday after the actual receipt of the written notice
of the hazardous condition to have the hazardous condition repaired by
a professional. "Professional" for the purposes of this section means a
person authorized by the state of Colorado or by a county or municipal
government through license or certificate where such government authorization
is required. Where no person with such government authorization is available,
and where there are no local requirements for government authorization,
a person who is otherwise qualified and who possesses insurance with a
minimum of one hundred thousand dollars public liability and property
damage coverage shall be deemed a professional for purposes of this section.
Proof of such repairs shall be forwarded to the landlord or the landlord's
agent. Such proof may also be used as an affirmative defense in any action
to recover the security deposit, as provided for in this section.
(4) If the landlord does not have the repairs made within seventy-two
hours excluding a Saturday, Sunday, or a legal holiday, and the
condition of the building remains hazardous, the tenant may opt
to vacate the premises. After the tenant vacates the premises, the lease
or other rental agreement between the landlord and tenant becomes null
and void, all rights and future obligations between the landlord and tenant
pursuant to the lease or other rental agreement terminate, and the tenant
may demand the immediate return of all or any portion of the security deposit
held by the landlord to which the tenant is entitled. The landlord shall
have seventy-two hours following the tenant's vacation of the premises
to deliver to the tenant all of, or the appropriate portion of, the security
deposit plus any rent rebate owed to the tenant for rent paid by the tenant
for the period of time after the tenant has vacated. If the seventy-second
hour falls on a Saturday, Sunday, or legal holiday, the security deposit
must be delivered by noon on the next day that is not a Saturday, Sunday,
or legal holiday. The tenant shall provide the landlord with a correct
forwarding address. No security deposit shall be retained to cover normal
wear and tear. In the event that actual cause exists for retaining any
portion of the security deposit, the landlord shall provide the tenant
with a written statement listing the exact reasons for the retention of
any portion of the security deposit. When the statement is delivered, it
shall be accompanied by payment of the difference between any sum deposited
and the amount retained. The landlord is deemed to have complied with this
section by mailing said statement and any payments required by this section
to the forwarding address of the tenant. Nothing in this section shall
preclude the landlord from withholding the security deposit for nonpayment
of rent or for nonpayment of utility charges, repair work, or cleaning
contracted for by the tenant. If the tenant does not receive the entire
security deposit or a portion of the security deposit together with a written
statement listing the exact reasons for the retention of any portion of
the security deposit within the time period provided for in this section,
the retention of the security deposit shall be deemed willful and wrongful
and, notwithstanding the provisions of section 38-12-103 (3), shall entitle
the tenant to twice the amount of the security deposit and to reasonable
attorney fees. §38-12-104
Source: L. 91: Entire section added, p. 1691, § 1, effective
July 1.
