Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-12-401 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Application assistant has the same meaning provided in section 24-30-2103 (4). (2) Domestic abuse has the same meaning as provided in section 13-14-101 (2). (3) Domestic violence means the conduct described in sec…
Colo. Rev. Stat. § 38-12-502 Definitions
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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. …
Colo. Rev. Stat. § 38-12-503 Warranty of habitability - notice - landlord obligations
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(1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation at the inception of the tenant's occupancy and that the landlord will maintain the residential premises as fit for human habitation throughout the entire per…
Colo. Rev. Stat. § 38-12-504 Tenant's maintenance of premises
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(1) In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasona…
Colo. Rev. Stat. § 38-12-506 Exception for certain single-family residences
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(1) For a single-family residence premises for which a landlord does not receive a subsidy from any governmental source, a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling necessary to comply w…
Colo. Rev. Stat. § 38-12-507 Breach of warranty of habitability - tenant's remedies
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(1) If there is a breach of the warranty of habitability as set forth in section 38-12-503, a tenant may exercise one or more of the following remedies: (a) (I) A tenant may terminate a rental agreement without any liability or financial penalty to the tenant if the condition tha…
Colo. Rev. Stat. § 38-12-509 Prohibition on retaliation
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(1) (a) A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant: (I) Having made a good faith complaint to the landlord, to a nonprofit organization or third party, or to a gover…
Colo. Rev. Stat. § 38-12-510 Unlawful removal or exclusion
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(1) It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article 18.5 of title 25 and the rules promulgated by the state board of health for the cleanup of an illega…
Colo. Rev. Stat. § 38-12-511 Application
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(1) Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements: (a) Residence at a public or private institution, if such residence is incidental to detention or the provision of medical, geriatric, education, counseling, religious, …
Colo. Rev. Stat. § 38-12-512 Enforcement by the attorney general - district court - penalties
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(1) (a) In accordance with section 24-31-115 (1), the attorney general may commence a civil action in any district court of appropriate jurisdiction against any person that has committed or is engaging in a pattern or practice of violations of this part 5. (b) The attorney genera…
Colo. Rev. Stat. § 38-12-513 Receivership of residential housing - definition
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(1) The purpose of this section is to establish a receivership mechanism that will be available as a remedy for violations of applicable laws and regulations by the landlord of multifamily residential property. The duties of a receiver are to achieve the purposes of this part 5 p…
Colo. Rev. Stat. § 38-12-701 Notice of rent increase
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(1) Notwithstanding any other law, in a nonresidential tenancy of one month or longer but less than six months in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least twenty-one days' notice to the tenant. (2) (a…
Colo. Rev. Stat. § 38-12-702 Limit on frequency of residential rent increases
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(1) In residential tenancies, a landlord shall not increase rent more than one time in any twelve-month period of consecutive occupancy by the tenant, regardless of: (a) Whether there is a written rental agreement for the tenancy; (b) The length of the tenancy; and (c) Whether th…
Colo. Rev. Stat. § 38-12-802 Tenant payment - receipts
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Upon receiving any payment made in person by a tenant with cash or a money order, a landlord shall contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment. If the landlord receives a payment that is not delivered in person…
Colo. Rev. Stat. § 38-12-803 Disclosure - elevated radon - definition
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(1) A tenant that rents residential real property has the right to be informed of whether the property has been tested for elevated levels of radon. (2) (a) Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the t…
Colo. Rev. Stat. § 38-12-901 Short title
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The short title of this part 9 is the Rental Application Fairness Act. Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 581, � 1, effective August 2.
Colo. Rev. Stat. § 38-12-902 Definitions
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As used in this part 9, unless the context otherwise requires: (1) Amount of income means a tenant's or prospective tenant's income from salaries, wages, commissions, payments received as an independent contractor, bonuses, or a housing subsidy or derived from any other public or…
Colo. Rev. Stat. § 38-12-903 Rental application fee - limitations
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(1) A landlord shall not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. The landlord's costs may be based on: (a) The actual expense the landlord incurs…
Colo. Rev. Stat. § 38-13-1001 Verified report of property
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(1) If a person does not file a report required by section 38-13-401 or the administrator believes that a person may have filed an inaccurate, incomplete, or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator…
Colo. Rev. Stat. § 38-13-1002 Examination of records to determine compliance
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(1) The administrator, at reasonable times and on reasonable notice, may: (a) Examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if such records are reasonably necessary to determine whether…
Colo. Rev. Stat. § 38-13-1003 Rules for conducting examination
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(1) The administrator shall adopt rules governing procedures and standards for an examination under section 38-13-1002, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examination. (2) An examination under section 38-13-1002 must…
Colo. Rev. Stat. § 38-13-1004 Records obtained in examination
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(1) Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under section 38-13-1002: (a) Are subject to the confidentiality and security provisions of part 14 of this article 13 and are not public records; (b)…
Colo. Rev. Stat. § 38-13-1005 Evidence of unpaid debt or undischarged obligation
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(1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. (2) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obli…
Colo. Rev. Stat. § 38-13-1006 Failure of person examined to retain records
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If a person subject to examination under section 38-13-1002 does not retain the records required by section 38-13-404, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, includ…
Colo. Rev. Stat. § 38-13-1007 Report to person whose records were examined
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(1) At the conclusion of an examination under section 38-13-1002, the administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies: (a) The work performed; (b) The property types reviewed; (c) The methodology of…
Colo. Rev. Stat. § 38-13-101 Short title
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The short title of this article 13 is the Revised Uniform Unclaimed Property Act. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 407, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-1010 Limit on future employment
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The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under section 38-13-1009 (2) on or after July 1, 2020, must not be employed by, contracted with, or compensated in any capacity by the contractor …
Colo. Rev. Stat. § 38-13-1011 Determination of liability for unreported reportable property
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If the administrator determines from an examination conducted under section 38-13-1002 that a putative holder has failed or refused to pay or deliver property to the administrator that is reportable under this article 13, the administrator shall issue a determination of the putat…
Colo. Rev. Stat. § 38-13-102 Definitions
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As used in this article 13, unless the context otherwise requires: (1) Administrator means the state treasurer. (2) Administrator's agent means a person with whom the administrator contracts to conduct an examination under part 10 of this article 13 on behalf of the administrator…
Colo. Rev. Stat. § 38-13-103 Inapplicability to wholly foreign transaction
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This article 13 does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 413, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-104 Rule-making
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The administrator may adopt under the State Administrative Procedure Act, article 4 of title 24, rules to implement and administer this article 13. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 413, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-1101 Informal conference
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(1) Not later than thirty days after receipt of a notice under section 38-13-1011, a putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to…
Colo. Rev. Stat. § 38-13-1102 Review of administrator's determination
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(1) A putative holder may seek relief from a determination under section 38-13-1011 or 38-13-1205 by: (a) Administrative review under section 38-13-1103; or (b) Judicial review under section 38-13-1104. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 451, � 1, effe…
Colo. Rev. Stat. § 38-13-1103 Administrative review
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(1) Not later than ninety days after receiving notice of the administrator's determination under section 38-13-1011 or that a civil penalty has been imposed under section 38-13-1205, a putative holder or a holder may initiate a proceeding under the State Administrative Procedure …
Colo. Rev. Stat. § 38-13-1104 Judicial remedy
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(1) Not later than ninety days after receiving notice of the administrator's determination under section 38-13-1011 or that a civil penalty has been imposed under section 38-13-1205, a putative holder or a holder may: (a) File an action against the administrator in the district c…
Colo. Rev. Stat. § 38-13-1201 Judicial action to enforce liability
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(1) If a determination under section 38-13-1011 becomes final and is not subject to administrative or judicial review, the administrator may commence an action in the district court for the city and county of Denver or in an appropriate court of another state to enforce the deter…
Colo. Rev. Stat. § 38-13-1202 Interstate and international agreement - cooperation
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(1) Subject to subsection (2) of this section, the administrator may: (a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and (b) Authorize in a record another…
Colo. Rev. Stat. § 38-13-1203 Action involving another state or foreign country
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(1) The administrator may join another state or foreign country to examine and seek enforcement of this article 13 against a putative holder. (2) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to…
Colo. Rev. Stat. § 38-13-1204 Interest and penalty for failure to act in timely manner
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(1) A holder that fails to report, pay, or deliver property within the time prescribed by this article 13 shall pay to the administrator interest at the annual rate specified in section 39-21-110.5 on the property or value of the property from the date the property should have be…
Colo. Rev. Stat. § 38-13-1205 Other civil penalties
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(1) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this article 13 or otherwise willfully fails to perform a duty imposed on the holder under this article 13, the administrator may require the holder to pay the administrator…
Colo. Rev. Stat. § 38-13-1206 Waiver of interest and penalty
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The administrator shall waive a penalty under section 38-13-1204 (2) if the administrator determines that the holder acted in good faith and without negligence. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 454, � 1, effective July 1, 2020.
Colo. Rev. Stat. § 38-13-1301 When agreement to locate property enforceable
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(1) An agreement by an apparent owner and another person, the primary purpose of which is to locate, deliver, recover, or assist in the location, delivery, or recovery of property held by the administrator, is enforceable only if the agreement: (a) Is in a record that clearly sta…
Colo. Rev. Stat. § 38-13-1302 When agreement to locate property void - rules
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(1) Subject to subsection (2) of this section, an agreement under section 38-13-1301 is void if it is entered into during the period beginning on the date the property was paid or delivered by a holder to the administrator and ending twenty-four months after the payment or delive…
Colo. Rev. Stat. § 38-13-1401 Definitions - applicability
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(1) In this part 14, personal information means: (a) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's: (I) Social security number or other government-issued number or identifier; (II)…
Colo. Rev. Stat. § 38-13-1402 Confidential information
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(1) Except as otherwise provided in this article 13, the following are confidential and exempt from public inspection or disclosure: (a) Records of the administrator and the administrator's agent related to the administration of this article 13; (b) Reports and records of a holde…
Colo. Rev. Stat. § 38-13-1403 When confidential information may be disclosed
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(1) When reasonably necessary to enforce or implement this article 13, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to: (a) Another department or agency of this state or the United States; …
Colo. Rev. Stat. § 38-13-1404 Confidentiality agreement
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(1) A person to be examined under section 38-13-1002 may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentialit…
Colo. Rev. Stat. § 38-13-1405 No confidential information in notice
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Except as otherwise provided in sections 38-13-501 and 38-13-502, a holder is not required under this article 13 to include confidential information in a notice the holder is required to provide to an apparent owner under this article 13. Source: L. 2019: Entire article R&RE, (SB…
Colo. Rev. Stat. § 38-13-1406 Security of information
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(1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by secure means. (2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required …
Colo. Rev. Stat. § 38-13-1407 Security breach
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(1) Except to the extent prohibited by law other than this article 13, the administrator or administrator's agent shall notify a holder as soon as practicable of: (a) Suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential informat…