§ 38-12-902 — Definitions

Colorado § 38-12-902

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Tenants and Landlords

Text

As used in this part 9, unless the context otherwise
requires:

(1) Amount of income means a tenant's or prospective tenant's income
from salaries, wages, commissions, payments received as an independent
contractor, bonuses, or a housing subsidy or derived from any other public or
private source and includes all of a tenant's or prospective tenant's cash assets.

(1.2) Consumer report has the meaning set forth in section 5-18-103 (3).

(1.3) Consumer reporting agency has the meaning set forth in section 5-18-103 (4).

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

(1.7) Housing subsidy means any portion of a rental payment that is derived
from a public or private assistance, grant, or loan program and that is paid by the
program directly, indirectly, or on behalf of a tenant to a landlord.

(2) Landlord means the owner, manager, lessor, or sublessor of a dwelling
unit.

(2.5) Portable tenant screening report or screening report means a
consumer report prepared at the request of a prospective tenant that includes
information provided by a consumer reporting agency, which report includes the
following information about a prospective tenant and the date through which the
information contained in the report is current:

(a) Name;

(b) Contact information;

(c) Verification of employment and income;

(d) Last-known address;

(e) For each jurisdiction indicated in the consumer report as a prior residence
of the prospective tenant, regardless of whether the residence is reported by the
prospective tenant or by the consumer reporting agency preparing the consumer
report:

(I) [ Editor's note: This version of subsection (2.5)(e)(I) is effective until
January 1, 2026. ] A rental and credit history report for the prospective tenant that
complies with section 38-12-904 (1)(a) concerning a landlord's consideration of a
prospective tenant's rental history; and

(I) [ Editor's note: This version of subsection (2.5)(e)(I) is effective January 1,
2026. ] A rental and credit history report for the prospective tenant that complies
with section 38-12-904 concerning a landlord's consideration of a prospective
tenant's rental history; except that a credit history report, a credit score, or an
adverse credit event is not required to be included in a portable tenant screening
report concerning a prospective tenant who is seeking to rent with the assistance of
a housing subsidy; and

(II) A criminal history record check for all federal, state, and local convictions
of the prospective tenant that complies with section 38-12-904 (1)(b) concerning a
landlord's consideration of a prospective tenant's arrest records.

(3) Rental agreement means any agreement, written or oral, between a
landlord and a tenant embodying the terms and conditions concerning the use and
occupancy of a dwelling unit.

(4) Rental application means any information, written or oral, submitted to
a landlord by a prospective tenant for the purpose of entering into a rental
agreement. Rental application includes a portable tenant screening report.

(5) Rental application fee means any sum of money, however denominated,
that is charged or accepted by a landlord from a prospective tenant in connection
with the prospective tenant's submission of a rental application or any
nonrefundable fee that precedes the onset of tenancy. Rental application fee
does not include a refundable security deposit or any rent that is paid before the
onset of tenancy.

(6) Tenant means a person entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others.

Legislative History

Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 581, � 1, effective August 2. L. 2023: (1) amended and (1.5) and (1.7) added, (SB 23-184), ch. 402, p. 2412, � 2, effective August 7; (1) and (4) amended and (1.3), (1.7), and (2.5) added, (HB 23-1099), ch. 151, p. 638, � 1, effective August 7. L. 2025: (2.5)(e)(I) amended, (HB 25-1236), ch. 399, p. 2259, � 1, effective January 1, 2026.