Senate Committee of Reference Report
Committee on Business, Labor, & Technology
- Strikethrough:
- removed from existing law
- Screen Reader Only:
- all text indicated as strikethrough will begin as 'deleted from existing statue' and finish with 'end deletion'
- All-caps or Bold and Italic:
- added to existing law
- Screen Reader Only:
- all text indicated as all-caps or bold and italic will begin as 'added to existing law' and finish with 'end insertion'
May 1, 2025
After consideration on the merits, the Committee recommends the following:
HB25-1249 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 4, line 11, strike "and (11)" and substitute
Page 1, Line 2"(11), and (12)".
Page 1, Line 3Page 10, line 3, after "tenancy." insert "Nothing in this subsection
Page 1, Line 4(11)(a) precludes a landlord from having actual cause to retain
Page 1, Line 5any amount of a security deposit to pay for the replacement of
Page 1, Line 6carpet in a portion or portions of the dwelling unit if there is
Page 1, Line 7substantial and irreparable damage to a portion or portions of
Page 1, Line 8the carpet that exceeds normal wear and tear and did not
Page 1, Line 9preexist the tenancy.".
Page 1, Line 10Page 10, line 7, after the first "the" insert "paint of the".
Page 1, Line 11Page 10, strike lines 9 through 15 and substitute "tenancy. Nothing in
Page 1, Line 12this subsection (11)(b) precludes a landlord from having actual
Page 1, Line 13cause to retain any amount of a security deposit to pay for the
Page 1, Line 14replacement of paint in a portion or portions of the dwelling
Page 1, Line 15unit if there is substantial damage to a portion or portions of
Page 1, Line 16the paint on the interior walls or ceiling that exceeds normal
Page 1, Line 17wear and tear and did not preexist the tenancy.".
Page 1, Line 18Reletter succeeding paragraph accordingly.
Page 1, Line 19Page 10, after line 19 insert:
Page 1, Line 20"(12) Notwithstanding any provision of this section to the
Page 1, Line 21contrary, subsections (1.5) and (11) of this section do not apply
Page 1, Line 22to a rental agreement concerning the occupancy of a mobile
Page 2, Line 1home, as defined in section 38-12-201.5 (5), in a mobile home park,
Page 2, Line 2as defined in section 38-12-201.5 (6).".
Page 2, Line 3Page 10, strike lines 20 through 27.
Page 2, Line 4Strike page 11 and substitute:
Page 2, Line 5"SECTION 3. In Colorado Revised Statutes, 38-12-103, amend
Page 2, Line 6as amended by House Bill 25-1168 (1) as follows:
Page 2, Line 738-12-103. Return of security deposit. (1) (a) A landlord shall,
Page 2, Line 8within one month thirty days after the termination of a lease or
Page 2, Line 9surrender and acceptance of the of a premises, whichever occurs last,
Page 2, Line 10return to the tenant the full security deposit deposited with the landlord
Page 2, Line 11by the tenant, unless the lease agreement specifies a longer period of time,
Page 2, Line 12but not to exceed sixty days. A landlord shall not retain the security
Page 2, Line 13deposit to cover normal wear and tear or for any damage or defective
Page 2, Line 14condition that preexisted the tenancy. If a tenant terminates the
Page 2, Line 15lease pursuant to section 38-12-402 (2)(a) and provides the
Page 2, Line 16documentation required pursuant to section 38-12-402 (2)(a.5), the tenant
Page 2, Line 17is not liable for damage to the dwelling unit caused by the responsible
Page 2, Line 18party or during the course of an incident of unlawful sexual behavior,
Page 2, Line 19stalking, domestic violence, or domestic abuse, and any amount of money
Page 2, Line 20that the landlord retains from the security deposit must comply with
Page 2, Line 21section 38-12-402 (2)(b). In the event that actual cause exists for retaining
Page 2, Line 22any portion of the security deposit, the landlord shall provide the tenant
Page 2, Line 23with a written statement listing the exact reasons for the retention of any
Page 2, Line 24portion of the security deposit. When the landlord delivers the
Page 2, Line 25statement is delivered, it must be accompanied by payment of the
Page 2, Line 26landlord shall also deliver the difference between any sum
Page 2, Line 27deposited and the amount retained, along with any relevant
Page 2, Line 28documentation required by subsection (8) of this section. A
Page 2, Line 29landlord is deemed to have complied with this section requirement by
Page 2, Line 30mailing sending the statement, and any required payment, and any
Page 2, Line 31required documentation to the last-known address of the tenant or to
Page 2, Line 32any email address for the tenant that the landlord has actual
Page 2, Line 33notice of by sending any required payment to the tenant in
Page 2, Line 34accordance with subsection (10) of this section.
Page 2, Line 35(b) This section does not preclude a landlord from retaining
Page 2, Line 36Except as provided in subsection (3.5)(a)(IV) of this section, a
Page 2, Line 37landlord has actual cause to retain reasonable amounts from
Page 2, Line 38the security deposit only for:
Page 2, Line 39(I) Nonpayment of rent; abandonment of the premises, or
Page 2, Line 40(II) Nonpayment of utility charges; repair work, or cleaning
Page 3, Line 1contracted for by the tenant.
Page 3, Line 2(III) Nonpayment of other lawful charges listed in the
Page 3, Line 3lease; or
Page 3, Line 4(IV) Necessary repair work for damage or defective
Page 3, Line 5conditions that exceed normal wear and tear and did not
Page 3, Line 6preexist the tenancy.
Page 3, Line 7SECTION 4. Act subject to petition - effective date -
Page 3, Line 8applicability. (1) Except as otherwise provided in this section, this act
Page 3, Line 9takes effect January 1, 2026.
Page 3, Line 10(2) Section 38-12-103 (1), Colorado Revised Statutes, as amended
Page 3, Line 11in section 2 of this act, takes effect only if House Bill 25-1168 does not
Page 3, Line 12become law.
Page 3, Line 13(3) Section 3 of this act takes effect only if House Bill 25-1168
Page 3, Line 14becomes law, in which case section 3 of this act takes effect on the
Page 3, Line 15applicable effective date of this act.
Page 3, Line 16(4) If a referendum petition is filed pursuant to section 1 (3) of
Page 3, Line 17article V of the state constitution against this act or an item, section, or
Page 3, Line 18part of this act within the ninety-day period after final adjournment of the
Page 3, Line 19general assembly, then the act, item, section, or part will not take effect
Page 3, Line 20unless approved by the people at the general election to be held in
Page 3, Line 21November 2026 and, in such case, will take effect on the date of the
Page 3, Line 22official declaration of the vote thereon by the governor.
Page 3, Line 23(5) This act applies to conduct occurring on or after the applicable
Page 3, Line 24effective date of this act.".