Colorado § 38-12-502 Definitions

Colorado Statutes

§ 38-12-502 — Definitions

Colorado § 38-12-502

Title 38Property -

Art.Tenants and Landlords

This text of Colorado § 38-12-502 (Definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-12-502 (2026).

Text

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

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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(4) Repealed.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.

Legislative History

Source: L. 2008: Entire part added, p. 1820, � 3, effective September 1. L. 2018: IP amended, (SB 18-010), ch. 61, p. 608, � 1, effective August 8. L. 2019: Entire section amended, (HB 19-1170), ch. 229, p. 2305, � 2, effective August 2. L. 2023: (4.5) and (10) added, (HB 23-1254), ch. 169, p. 825, � 2, effective May 12. L. 2024: (1), (4.5), (5), and (9) amended, (2.5), (4.6), (4.8), (5.7), (6.3), (6.5), (6.8), and (11) added, and (4) and (10) repealed, (SB 24-094), ch. 158, p. 702, � 2, effective May 3.