Security deposits cannot be retained to cover normal wear and tear.
The act added damage and uncleanliness arising from intended or reasonably typical use without negligent or abusive conduct.
The definition excludes uncleanliness that leaves a dwelling substantially less clean than when the lease began.
What the definition focuses on
- How the rental unit is intended or reasonably and typically used.
- Whether the condition resulted without negligence, carelessness, accident or abuse.
- Whether alleged uncleanliness made the unit substantially less clean than at lease start.
Preexisting condition is separately protected
Colorado’s 2026 statute also says a security deposit may not be retained for damage or a defective condition that preexisted the tenancy, even apart from the normal-wear analysis.
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.