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

1. (1) Home owner has the meaning set forth in section 38-12-201.5 (2).
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. (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. (4) [Editor's note: This version of subsection (4) is effective until January 1, 2026.] 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. (4) [Editor's note: This version of subsection (4) is effective January 1, 2026.] Normal wear and tear means deterioration, damage, or uncleanliness 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 or reasonably and typically used, without negligence, carelessness, accident, or abuse of the premises or equipment or private property by the tenant or home owner or members of the tenant's or home owner's household or their invitees or guests. Normal wear and tear does not include uncleanliness that renders a dwelling unit substantially less clean than the dwelling unit was when the lease began.
6. (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.
7. (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.
8. (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. L. 2025: (4) amended, (HB 25-1249), ch. 401, p. 2273, § 1, effective January 1, 2026.

Editor's note: Section 4(5) of chapter 401 (HB 25-1249), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after January 1, 2026.