ATTENTION ANYONE BEING SCREWED BY A LANDLORD!\r
THIS ANSWER WAS SPECIFIC AND REQUESTED BY ANOTHER VICTIM OF A COLORADO SPRINGS LANDLORD. \r
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Colorado Statutes â?? Article 12 â?? Tenant and Landlord \r
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PART 1 SECURITY DEPOSITS - WRONGFUL WITHHOLDING \r
38-12-101. Legislative declaration. \r
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The provisions of this part 1 shall be liberally construed to implement the intent of the general assembly to insure the proper administration of security deposits and protect the interests of tenants and landlords. \r
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ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS SECTION \r
Law reviews. For comment, ""Colorado's Wrongful Withholding of \r
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Security Deposits Act: Three Litigious Shares in an Untested Law"", see \r
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49 Den. L.J. 453 (1973). For article,\r
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""The Colorado Security Deposit Act"", - see 50 U. Colo. L. Rev. 29 (1978). \r
Purpose. The security deposit act was passed to control the practices of landlords who withhold, without justification, their tenants' damage deposits. Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976). \r
Statute as basis for jurisdiction. See Turner v. Lyon, 189 Colo. 234, 539 P.2d 1241 (1975). \r
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38-12-102. Definitions. \r
As used in this part 1, unless the context otherwise requires: \r
(1) ""Normal wear and tear"" means 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. \r
(2) ""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 residential premises or any part thereof. \r
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Typically, landlords may charge tenants for any cleaning or repairs necessary to restore the rental unit to its condition at the beginning of the tenancy. Landlords may not, however, use the tenant's security deposit to cover the costs of ordinary wear and tear. Here are examples of wear and tear versus damage or excessive filth:\r
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Ordinary Wear and Tear: Landlord's Responsibility\r
Damage or Excessive Filth: Tenant's Responsibility\r
Curtains faded by the sun OWT\r
Cigarette burns in curtains or carpets DEF\r
Water-stained linoleum by shower OWT\r
Broken tiles in bathroom DEF\r
Minor marks on or nicks in wall OWT\r
Large marks on or holes in wall DEF\r
Dents in the wall where a door handle bumped it OWT\r
Door off its hinges DEF\r
Moderate dirt or spotting on carpet OWT\r
Rips in carpet or urine stains from pets DEF\r
A few small tack or nail holes in wall OWT\r
Lots of picture holes or gouges in walls that require patching as well as repainting DEF\r
A rug worn thin by normal use OWT\r
Stains in rug caused by a leaking fish tank DEF\r
Worn gaskets on refrigerator doors OWT\r
Broken refrigerator shelf OWT\r
Faded paint on bedroom wall OWT\r
Water damage on wall from hanging plants DEF\r
Dark patches of ingrained soil on hardwood floors that have lost their finish and have been worn down to bare wood DEF\r
Water stains on wood floors and windowsills caused by windows being left open during rainstorms DEF\r
Warped cabinet doors that won't close OWT\r
Sticky cabinets and interiors DEF\r
Stains on old porcelain fixtures that have lost their protective coating- OWT\r
Grime-coated bathtub and toilet DEF\r
Moderately dirty mini-blinds OWT\r
Missing mini-blinds DEF\r
Bathroom mirror beginning to ""de-silver"" (black spots) OWT\r
Mirrors caked with lipstick and makeup DEF\r
Clothes dryer that delivers cold air because the thermostat has given out OWT\r
Dryer that won't turn at all because it's been over-loaded DEF\r
Toilet flushes inadequately because mineral deposits have clogged the jets OWT\r
http://www.nolo.com/legal-encyclopedia/chart-cleaning-repairs-landlord-deduct-29017.html
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