Cal. Civ. Code § 38-12-104
Return of security deposit - hazardous condition - gas appliance.
Operative Text
(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.
Colo. Rev. Stat. § 38-12-104 establishes a chain of notification and repair obligations when a gas utility's service personnel discover a hazardous condition involving gas appliances, piping, or equipment in a residential building. The utility must notify the customer of record in writing, a tenant who receives that notice must promptly pass it along to the landlord in writing, and the landlord then has 72 business hours (excluding weekends and legal holidays) to have the hazard repaired by a qualified professional. If the landlord fails to make repairs within that window and the hazard persists, the tenant may vacate, voiding the lease, and is entitled to the prompt return of the security deposit; a landlord who wrongfully withholds the deposit under these circumstances may owe the tenant twice the deposit amount plus reasonable attorney fees.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-104, a compliant property owner or manager who receives written notice of a hazardous gas condition acts quickly to engage a licensed or otherwise qualified professional—one meeting the statute's insurance and authorization requirements—and completes repairs within 72 hours, excluding Saturdays, Sundays, and legal holidays. Operators typically retain proof of those repairs, since the statute expressly allows such documentation to serve as an affirmative defense in any security-deposit dispute. If a tenant vacates due to an unrepaired hazard, landlords generally deliver the security deposit (and any applicable rent rebate) within 72 hours of vacation, accompanied by a written statement of any legitimate deductions, to avoid the statute's penalty of twice the deposit plus attorney fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-104 gives tenants a clear set of rights when a gas utility identifies a hazardous condition at their residence: upon receiving the utility's written notice, a tenant is required to forward that notice to the landlord in writing, which starts the landlord's 72-hour repair clock. If the landlord does not complete repairs within that period and the hazard remains, the statute permits the tenant to vacate, at which point the lease is voided and the landlord must return the security deposit within 72 hours of the tenant's departure. Tenants who do not receive their deposit—or a written explanation of any deductions—within the statutory timeframe may be entitled to twice the deposit amount plus reasonable attorney fees, and tenant-rights organizations or legal aid services can help explain how this provision applies to a given situation.
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.
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