Colorado § 38-12-502 - Definitions.

§ 38-12-502. Definitions.

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(4) Repealed.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.

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.

Cross references: For the legislative declaration in HB 23-1254, see section 1 of chapter 169, Session Laws of Colorado 2023.