I. BASICS OF COLORADO LANDLORD/TENANT LAW
Colorado Security Deposit Act: Colo. Rev. Stat. 1973 §§38-12-101 to 103 (1982 &
Colorado Mobile Home Park Act: Colo. Rev. Stat. §§38-12-200.1 to 217.
Security Deposits: Nonmobile Homes: Colo. Rev. Stat. §§38-12-101 to 103.
Mobile Homes: Colo. Rev. Stat. §§38-12-207 & 209.
B. Prerequisites: The property in question must be a residential premises. In
other words, it cannot be used for your business or a commercial purpose.
C. Security Deposits: Any advance or deposit, regardless or its denomination, to
secure performance of the rental agreement.
Maximum: Single 1 mo rent, Multi-Wide 2 mos rent
Interest: Statute does not address
Deposited: Must be deposited by landlord in a trust account with landlord as
Commingling: Cannot commingle, but landlord may keep interest and profits from
account as compensation for services as trustee
D. Landlord Requirements:
1. Landlord has burden of proof that his retention was not wrongful.
2. Landlord must give written explanation of reasons why any portion of the
security deposit is being retained. Such notice must be delivered together with
the remaining security deposit (security deposit paid - amount retained). If
landlord mails to your last known address, he or she has complied with the
3. Landlord may not retain any part of the security deposit for "normal wear and
tear" which is defined as follows: that deterioration which occurs, based upon
the use for which the rental unit is intended, without negligence, carelessness,
accident, or abuse of the premises or equipment or chattels by the tenant or
members of his household, or their invitees or guests.
4. Nothing in the statute prohibits a landlord from retaining part or all of the
security deposit to cover nonpayment of rent, abandonment of the premises, or
nonpayment of utility charges, repair work, or cleaning contracted for by the