Requires substantial and irreparable damage throughout the unit that exceeds normal wear and did not preexist the tenancy.
The statute preserves claims for damaged portions when the standard is met.
Carpet cannot be deemed substantially and irreparably damaged if it was not replaced with new carpet within the 10 years before termination or surrender.
When actual cause exists, retention is limited to the minimum amount necessary for the damaged area.
What to request for a carpet charge
- Date the carpet was last replaced with new carpet.
- Photos showing the specific damaged area.
- Replacement estimate or invoice.
- Explanation for full-unit replacement rather than repair or partial replacement.
Why this is a strong dispute checkpoint
A standardized “replace all carpet” charge can conflict with the 2026 framework if the actual condition is localized, ordinary wear, preexisting, or the carpet falls outside the statute’s 10-year condition.
Official sources
Official enacted-bill page summarizing Colorado’s 2026 security-deposit changes, inspections, documentation, carpet, paint and wrongful-withholding rules.
Colorado General AssemblyHB25-1249 Enrolled Act ↗Primary enrolled act amending C.R.S. §§ 38-12-102 and 38-12-103, effective January 1, 2026.