Cal. Civ. Code § 38-12-504
Tenant's maintenance of premises.
Operative Text
(1) In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to: (a) Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety; (b) Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit; (c) Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner; (d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit; (e) Conduct himself or herself and require other persons in the residential premises within the tenant's control to conduct themselves in a manner that does not disturb their neighbors' peaceful enjoyment of the neighbors' dwelling unit; or (f) Promptly notify the landlord if the residential premises is uninhabitable as defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied. (2) In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so. (3) Nothing in this section shall be construed to authorize a modification of a landlord's obligations under this part 5.
Colorado Revised Statutes § 38-12-504 establishes a baseline set of maintenance duties that every residential tenant owes, independent of whatever a lease may say. These duties include keeping the unit reasonably clean and sanitary, properly disposing of waste, using building systems and appliances reasonably, avoiding disturbances to neighbors, and promptly notifying the landlord of uninhabitable conditions. Tenants are also prohibited from knowingly or negligently damaging any part of the premises, and nothing in this provision reduces the separate obligations landlords carry under the same statutory part.
Plain English — not legal advice.
Under § 38-12-504, Colorado law places affirmative maintenance responsibilities on tenants, which means a compliant operator generally documents the condition of a unit at move-in and move-out to establish a baseline. Property managers typically maintain clear written channels so tenants can fulfill their duty to promptly report uninhabitable conditions or developing hazards as required by subsection (1)(f). When a tenant substantially fails to meet the duties listed in § 38-12-504—such as improper waste disposal or damage to building systems—operators generally document those failures carefully, as such records can be relevant to lease-enforcement or security-deposit proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-12-504 of the Colorado Revised Statutes outlines the affirmative duties tenants owe regarding the upkeep of their unit, including keeping it clean, using facilities reasonably, and notifying the landlord of conditions that could make the unit uninhabitable. Importantly, subsection (3) makes clear that nothing in this provision reduces a landlord's own obligations under the same statutory part, so a tenant's duties here do not excuse a landlord from maintaining a habitable premises. Tenants who have questions about how these mutual obligations interact—or who believe a landlord is misusing § 38-12-504 to avoid their own responsibilities—may find guidance through local tenant-rights organizations or Colorado's court self-help resources.
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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