As used in this part 1, unless the context otherwise requires:
(1) "Normal wear and tear" means that deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests.
(2) "Security deposit" means any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for residential premises or any part thereof.
ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS SECTION
Law reviews. For comment, "Colorado's Wrongful Withholding of Security Deposits Act: Three Litigious Shares in an Untested Law", see 49 Den. L.J. 453 (1973). For article, "The Colorado Security Deposit Act", see 50 U. Colo. L. Rev. 29 (1978).
Landlord undefined. This section does not define the term landlord nor does it state what constitutes the landlord-tenant relationship. Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976).
But common-law definition not expanded by legislative intent. The legislative intent does not expand the common-law definition of a landlord and a tenant. Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976).
College board of trustees is not landlord. Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976).
And dormitory student is not tenant. Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976).
38-12-102. Definitions.
"Residential premise". A furnished condominium unit containing complete sleeping and eating facilities and available for short-term rentals is a "residential premise" subject to the provisions of this act. Haan v. Mountain Queen Condo. Ass'n, Inc., 717 P.2d 969 (Colo. App. 1985), rev'd on other grounds, 753 P.2d 1234 (Colo. 1988).
The language adopted by the parties to a rental agreement to describe a payment made by the tenant to the landlord prior to occupancy is not dispositive of the question of whether the payment constitutes a "security deposit". Mountain Queen Condo Ass'n v. Haan, 753 P.2d 1234 (Colo. 1988).
Applied in In re Quintana, 28 Bankr. 269 (Bankr. D. Colo. 1983).