Cal. Civ. Code § 38-12-102

Definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLease Requirements

Operative Text

Cal. Civ. Code § 38-12-102
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).
Source: Legislative text reproduced verbatim
Plain English

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.

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

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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

Current
Oct 16, 2026
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-201.5
Not yet ingested
Colo. Rev. Stat. § 38-12-502
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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