Cal. Civ. Code § 38-12-102
Definitions.
Operative 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, 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. (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).
Colo. Rev. Stat. § 38-12-102 establishes the core vocabulary used throughout Part 1 of Colorado's residential tenancy statutes. It defines key terms such as "late fee," "normal wear and tear," "security deposit," and "rent subsidy provider" so that these concepts carry consistent, specific meanings whenever they appear in the law. Notably, the definition of "normal wear and tear" draws a clear line between ordinary deterioration from everyday use and uncleanliness or damage caused by negligence, misuse, or accident — and explicitly excludes conditions that leave a unit substantially dirtier than it was at the start of the lease.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-102, compliant operators in Colorado ground their lease language and deposit practices in the statutory definitions that govern Part 1. When assessing a unit at move-out, operators generally distinguish between deterioration attributable to ordinary use — which falls within "normal wear and tear" — and damage or uncleanliness caused by tenant negligence or misuse, which does not. Operators who receive ongoing financial assistance from a public housing authority or similar entity should also be aware that such entities qualify as "rent subsidy providers" under this section, a classification that may carry implications elsewhere in Part 1.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-102 provides tenants and home owners with defined protections by establishing what terms like "security deposit," "late fee," and "normal wear and tear" legally mean throughout Colorado's residential tenancy law. Because "normal wear and tear" covers ordinary deterioration from everyday living — but not conditions that leave a unit substantially dirtier than at move-in — tenants may find this definition relevant when a landlord seeks to make deductions from a security deposit. Tenants who believe a landlord has misapplied these definitions may consider consulting a tenant-rights organization or reviewing the complaint and dispute-resolution options available under Colorado law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API