Cal. Civ. Code § 38-12-502

Definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoHabitability & Repair

Operative Text

Cal. Civ. Code § 38-12-502
As used in
this part 5 and part 8 of this article 12, unless the context otherwise
requires:

(1) 
"Appliance" means a refrigerator, range stove, oven, air conditioner,
permanent cooling device, or portable cooling device that is included within a
residential premises by a landlord. Nothing in this part 5 requires a landlord
to provide an appliance, and this part 5 applies to appliances solely to the
extent that appliances are part of a written agreement between the landlord and
the tenant or are otherwise actually provided to a tenant by the landlord at
the inception of or during the tenancy for the duration of the rental
agreement.

(2) 
"Common areas" means the facilities and appurtenances to a
residential premises, including the grounds, areas, and facilities held out for
the use of tenants generally or whose use is promised to a tenant.

(2.5) 
"Disability" has the same meaning as set forth in the federal
"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et
seq., and its related amendments and implementing regulations.

(3) 
"Dwelling unit" means a structure or the part of a structure that is
used as a home, residence, or sleeping place by a tenant.

(4) 
Repealed.

(4.5) 
"Environmental public health event" means a disaster or an
environmental event, such as a wildfire, a flood, or a release of toxic
contaminants, that could create negative health and safety impacts or otherwise
makes a residential premises uninhabitable, as described in section 38-12-505,
for tenants that live in nearby residential premises.

(4.6) 
"Extreme heat event" means a day on which the national weather
service of the national oceanic and atmospheric administration has declared,
predicted, or indicated that there is a heat advisory, excessive heat watch, or
excessive heat warning for the county in which a residential premises is
located.

(4.8) 
"Hotel room" means one or more rooms in a licensed or permitted
commercial lodging establishment.

(5) 
"Landlord" means the owner, manager, lessor, sublessor, successor in
interest, or agent of the owner of a residential premises.

(5.7)
(a) "Maintenance service" means any service provided at a
landlord's expense for the purpose of generally maintaining, inspecting,
repairing, or ensuring the upkeep and preservation of a residential premises.

(b) 
"Maintenance service" does not include a one-time or specialized
third-party contractor who is not an agent of the landlord and only provides a
limited or expert service to a residential premises.

(6) 
"Mold" means microscopic organisms or fungi that can grow in damp
conditions in the interior of a building.

(6.3) 
"Organizing" means any lawful, concerted activity by a tenant or a
tenant's guest or an invitee for the purpose of mutual aid or establishing,
supporting, or operating a tenants' association or similar organization or
exercising any other right or remedy provided by law.

(6.5)
(a) "Portable cooling device" means an air conditioner or
evaporative cooler, including devices mounted in a window or that are designed
to sit on the floor.

(b) 
"Portable cooling device" does not include a permanent cooling device
where installation of the device requires permanent alteration to the dwelling
unit.

(6.8) 
"Remedial action" means timely and good faith efforts to repair or
remedy an uninhabitable condition at a residential premises or dwelling unit
and to mitigate any negative effect of the condition.

(7) 
"Rental agreement" means the agreement, written or oral, embodying
the terms and conditions concerning the use and occupancy of a residential
premises.

(8) 
"Residential premises" means a dwelling unit, the structure of which
the unit is a part, and the common areas.

(9) (a) 
"Tenant" means an individual entitled under a rental agreement to
occupy a dwelling unit to the exclusion of others.

(b) 
"Tenant" includes any member of a tenant's household, including any
individual who has a right to occupy the dwelling unit with the tenant under
any local, state, or federal law; the rental agreement; or any separate
agreement with the landlord or any individual who otherwise has explicit or
implicit permission from the landlord to occupy the dwelling unit.

(10) 
Repealed.

(11)
(a) "Written", "writing", or "in writing"
means any record conveying information in a form that may be retained by the
recipient or sender or that is capable of being displayed in visual text in a
form the individual may retain, including paper, electronic, and digital.

(b) 
"Written", "writing", or "in writing", as defined
in subsection (11)(a) of this section, applies only to this part 5 and does not
apply to the written notice or demand requirements in article 40 of title 13.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-502 establishes the foundational vocabulary used throughout Colorado's residential tenancy habitability and tenant-protection statutes (Parts 5 and 8 of Article 12). It defines key terms such as "landlord," "tenant," "residential premises," "dwelling unit," "rental agreement," and newer concepts like "extreme heat event," "portable cooling device," and "organizing," ensuring these words carry consistent, specific meanings whenever they appear in the covered statutes. The definitions also clarify scope—for example, appliances are only covered to the extent a landlord actually provides them or includes them in a written agreement, and the broad definition of "writing" applies within Part 5 but not to notice requirements under a separate title.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Colo. Rev. Stat. § 38-12-502 should be aware that the statute's definitions shape their obligations throughout Parts 5 and 8. Because "landlord" is defined broadly to include owners, managers, lessors, sublessors, successors in interest, and agents, compliance responsibilities can attach to a wide range of parties involved in managing a residential premises. Compliant operators typically document which appliances are provided at the inception of a tenancy in the written rental agreement, since § 38-12-502(1) limits appliance-related obligations to those actually provided or agreed upon in writing.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-502 defines "tenant" broadly to include not just the named leaseholder but also household members and individuals with explicit or implicit landlord permission to occupy the unit, which can affect who is protected under Colorado's habitability and tenant-rights provisions in Parts 5 and 8. Tenants should be aware that concepts like "organizing"—defined to include lawful, concerted activity for mutual aid or forming a tenants' association—are formally recognized terms under this statute, which may be relevant when asserting related rights. Those seeking to understand how these definitions apply to a specific situation may benefit from consulting a local tenant-rights organization or legal aid provider familiar with Colorado housing 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

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-505
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References In

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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