Landlord-Tenant Property Damage in Colorado
When a rental property in Colorado is returned in worse condition than when it was leased, questions about responsibility, cost, and legal obligations often cause friction. At Flaxman Law Group, we help both tenants and landlords resolve property damage disputes fairly and efficiently. If you are involved in a dispute about landlord-tenant property damage in Colorado, call our Denver offices at 970-999-0530 for a consultation.
Colorado Law and Rental Properties
Colorado law distinguishes between different types of damage to rental property, which plays a central role in determining financial responsibility. The Colorado Revised Statutes (C.R.S. § 38-12-101 through § 38-12-104) provide the legal framework for landlord-tenant relationships, including responsibilities related to property damage.
Under Colorado law, landlords must provide a rental unit that is safe, clean and in good working order at the start of a lease. In turn, tenants are expected to use the property reasonably and avoid causing damage beyond normal wear and tear.
Disputes about landlord-tenant property damage in Colorado typically arise at the end of a lease, when a landlord inspects the unit and identifies:
- Negligent or intentional damage. Holes punched in walls, broken windows or doors, and stained carpets caused by carelessness or deliberate actions can all be considered tenant-caused damage.
- Unreported maintenance issues. Failing to notify the landlord about a leaking pipe or a broken appliance that leads to further damage could also become a source of liability.
- Alterations without consent. Tenants may be held responsible for any permanent changes made to the property that were not approved by the landlord, such as unauthorized painting or installing fixtures improperly.
However, not every imperfection is legally considered “damage.” This brings us to a critical concept: normal wear and tear.
Normal Wear and Tear
Landlords cannot hold tenants financially responsible for damage that falls under normal wear and tear, which is a legal term that refers to the deterioration of property that occurs through ordinary use over time.
Examples of wear and tear typically include:
- Faded paint.
- Worn and lightly carpets, especially in high-traffic areas, carpeting may wear down or become lightly stained even with regular care.
- Minor scuffs or nail holes.
- Loose doorknobs or hinges.
Landlords must differentiate between wear and tear and actual damage. For example, a small carpet stain might be excusable, but a large bleach stain from spilled cleaning supplies would likely be considered excessive. The burden of proof rests with the landlord, who must provide documentation to justify any deductions from a security deposit.
On the tenant side, it’s a good idea to thoroughly document the condition of the property when moving in and moving out. Photos, videos, and written checklists can offer powerful evidence in the event of a dispute.
Tenant Responsibilities and Security Deposit
Tenants in Colorado are generally responsible for any damage they cause during their lease. Whether a renter causes a hole in the wall because of a fit of anger or accidentally spills paint on the carpet, causing a stain, this is damage that they are responsible for. However, landlords are not permitted to charge tenants for routine maintenance or improvements.
The main vehicle landlords use to recover money for property damage is the security deposit. Colorado does not set a maximum amount for security deposits, but it does regulate how and when landlords must return them.
Landlords must return a tenant’s security deposit within 30 days of move-out, unless the lease specifies a longer time, although the maximum that can be indicated in the lease is 60 days.
If a landlord keeps any portion of the deposit, they must provide a written statement itemizing the deductions and the reasons for each one.
If a landlord withholds part or all of the deposit without a valid reason, the tenant may be entitled to recover up to three times the wrongfully withheld amount, plus attorney’s fees.
Damage deductions are often the most disputed part of the deposit return process. Common issues we see include:
- Exaggerated damage claims. Some landlords may overstate the extent of damage or charge for items already in poor condition at move-in.
- Failure to account for depreciation. A carpet that was already 10 years old may not justify full replacement cost deductions from a tenant’s deposit.
- Lack of documentation. Landlords must be able to support their claims with clear records. Without this, their case may not hold up in court.
- Disagreement about wear and tear. Tenants may claim that a spill was accidental and small, while a landlord may see it as property damage.
- Disagreements over causation. A landlord may claim that a hole in the wall was caused by the tenant, for example, but a tenant may claim that a contractor hired by the landlord caused the damage.
Issues are especially likely to occur at the end of a long tenancy. A landlord may not go into the rental unit often, and may be surprised at what multiple years of wear and tear look like. Challenges can also happen if a renter has children or pets (assuming pets are allowed in the rental). Multiple people and pets living in the same home can place additional wear and tear on a unit, and it’s not uncommon for landlords and tenants to disagree about what is reasonable.
At Flaxman Law Group, we help clients understand what constitutes legitimate damage, how to build strong documentation so you can pursue or defend against claims in small claims court if needed.
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Landlord Responsibilities and Property Management
Under Colorado law, landlords are legally required to provide and maintain safe, habitable housing. This duty, known as the implied warranty of habitability, means landlords must take reasonable steps to keep their properties in good condition.
In terms of property damage, this responsibility includes:
- Initial condition. Landlords must ensure that all major systems, such as plumbing and electrical, are in working order before the tenant moves in.
- Routine maintenance. Fixing leaking roofs, addressing pest infestations, and maintaining structural integrity are landlord obligations, not tenant responsibilities.
- Timely repairs. Once a tenant notifies the landlord of a problem, repairs must be made within a reasonable time. If there is an emergency, such as a water leak, the landlord should arrange for emergency repairs.
Many landlords, especially those with multiple properties, use property management companies to help them oversee their properties. Property management services can help landlords avoid tenant property damage by vetting tenants, conducting move-in and move-out inspections, by handling repair requests, and more.
Preventing Damage and Maintaining Properties
Preventing property damage starts long before the lease is signed. Landlords and tenants can both take proactive steps to minimize the risk of expensive repairs and disputes later on.
Landlords can prevent some tenant property damage with these best practices:
- Thorough screening. Background and reference checks can help identify tenants with a history of property damage or evictions.
- Clear lease language. The lease should explicitly outline tenant responsibilities for maintenance, cleaning, and reporting issues.
- Regular inspections. With proper notice, periodic walkthroughs can help identify small problems before they become major repairs.
- Tenant education. Many property issues stem from misunderstanding. Provide tenants with a maintenance checklist, emergency contact procedures, and a list of what qualifies as urgent.
- Strong community building. Tenants who are invested in where they live may take better care of their property. Well-maintained common areas and a strong sense of community, built with community events and good communication, can make renters look at their rental as their home—a space they want to care for.
For tenants, taking care of a rental property helps preserve more of the security deposit. It’s also part of a renter’s responsibility to take care of the property. Tenants can help by:
- Reporting problems early. Small leaks, electrical problems, or pest sightings should be reported immediately. Delays often result in further damage that tenants may be blamed for.
- Avoiding DIY fixes. Unauthorized repairs or improvements, even with good intentions, can void portions of the lease and lead to liability.
- Documenting everything. Take photos upon move-in and move-out. Keep written records of repair requests and landlord responses.
- Having a good system. Tenants should have a regular schedule for cleaning and taking care of the property, to make sure it stays a pleasant place to live.
- Taking care with guests and vacation. Tenants may be held responsible if their guests cause property damage. They can also be held responsible if they go away on vacation with a window open or a sink running and this causes damage. Think about what may cause damage and how to avoid it.
Tenants are responsible for maintaining the property within reason and alerting the landlord to issues promptly.
Handling Tenant Damages
Even with careful planning, property damage can occur during a lease. When damage happens, the first step is to assess whether it is normal wear and tear or excessive damage. Common examples of excessive damage include:
- Broken windows.
- Large holes in walls, beyond the scope of hanging pictures or shelves.
- Pet-related destruction, such as scratched flooring, urine-stained carpets, or chewed cabinets and appliances.
- Water damage.
- Broken oven doors, cracked refrigerator shelving, or other appliance damage caused by improper use.
If damage is confirmed, landlords may withhold part or all of the security deposit to cover repair costs. However, Colorado law requires that:
- The security deposit must be returned within 30 days of move-out (or up to 60 days if the lease allows).
- Any deductions must be itemized in writing, with detailed explanations and cost breakdowns.
If the landlord fails to follow these rules, the tenant can sue for up to three times the withheld amount plus legal fees.
Landlords should never use the deposit to pay for upgrades, remodels, or repairs due to aging systems. Tenants can challenge improper deductions and often win if the landlord lacks evidence.
To avoid legal claims, landlords will want to document everything. This is where having photos and video (with time stamps) of the rental before move-in day is essential. The landlord will want to take photos of any damage, ideally from multiple angles.
It is also useful to contact a few contractors to get estimates for repairs. Get an estimate for parts and labor so that you can include this in the itemized list of deductions. This can help you prove that any deductions from the security deposit are reasonable.
At Flaxman Law Group, we’ve handled complex disputes involving thousands in repair costs, competing expert opinions, and disputed evidence.
In many cases, even in these types of complex cases, property damage disputes can be resolved through honest communication and thorough documentation. However, you may need legal support if:
- You are a tenant and your landlord refuses to return your deposit, is charging you for unfair or undocumented damage or threatens legal action for issues you didn’t cause.
- The damage may cause injury to others (for example, hazardous material was left in the rental unit).
- The damage is so extensive that fixing it may cost more than the security deposit.
You will also want to contact a landlord-tenant dispute attorney if there are unique circumstances. For example, if your tenant has a mental disorder that makes them hoard, they may have additional protections under the law and you will want an attorney to make sure your interests are protected, too.
Similarly, if a tenant is the victim of domestic abuse and the abuse occurred in the rental property, some of the damage may have been caused by the abusive partner. Or, if the tenant had a guide dog or a wheelchair that caused damage, this can also mean they have extra protections. Working with a lawyer can help you find a solution that is fair for both of you.
Flaxman Law Group has more than five decades of combined experience, and we focus only on two major practice areas: landlord-tenant disputes and personal injury. This allows us to put all our resources on these cases.
If you are dealing with a dispute about landlord-tenant property damage in Colorado, contact Flaxman Law Group at 970-999-0530.
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Colorado Landlord Tenant Dispute
Landlord-Tenant Dispute Clients Often Ask Us
These Important Questions
A landlord can typically keep all or part of your security deposit to cover unpaid rent, damage beyond normal wear and tear, or other lease violations. However, they must provide an itemized list of deductions and return any remaining amount within a specific timeframe, as required by local laws.
With a proven track record and a client-focused approach, we strive to make the legal process as stress-free as possible. Trust our offices in Colorado and Florida to provide honest representation throughout your landlord-tenant dispute. Contact Flaxman Law Group today so we can assist you with your landlord-tenant issue.
Landlords must always provide notice and cannot evict without going through proper court process, unless the lease or local laws specify otherwise. For example, in cases of criminal activity or immediate danger to the property, the landlord may proceed with an expedited eviction. Always check your lease and local tenant laws for specific requirements.
If your landlord fails to address necessary repairs after you've notified them in writing, you may have options such as:
Withholding rent (where allowed by law).
Making the repair yourself and deducting the cost from your rent. Reporting the issue to local housing authorities.
Seeking legal remedies in court. Document all communication and the condition of the property to strengthen your case.
The length of the eviction process varies depending on local laws and the circumstances of the case. It can take anywhere from a few weeks to several months. Generally, the process involves:
- A formal notice period.
- Filing of an eviction lawsuit.
- A court hearing.
- Enforcement of the eviction by local authorities, if necessary.
- Tenants may appeal or request delays, which can extend the timeline.
Landlord-Tenant Practice Areas
Broad Experience in Landlord-Tenant Disputes
Skillfully navigated complex landlord-tenant conflicts, advocating for fair resolutions and protecting clients’ rights in rental and lease agreements.
Protecting Tenant Rights:
Helped hundreds of tenants recover withheld security deposits, terminate leases, transfer units, or obtain alternative housing in cases involving habitability issues.
Preventing Wrongful Evictions:
Represented tenants to successfully block unlawful eviction attempts, ensuring their housing rights were upheld.
Advocating for Landlords:
Assisted landlords in evicting problematic tenants and recovering compensation for property damages, lost income, and other related losses.