Amendments for HB25-1249
House Journal, March 28
7 HB25-1249 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend printed bill, page 3, strike line 3 and substitute "(4) as follows:".
12
13 Page 4, strike lines 8 through 27.
14
15 Strike page 5.
16
17 Page 6, strike lines 1 through 23.
18
19 Renumber succeeding sections accordingly.
20
21 Page 13, strike lines 11 through 27.
22
23 Strike page 14.
24
25 Page 15, strike lines 1 through 10.
26
27 Renumber succeeding section accordingly.
28
29
House Journal, April 16
37 Amendment No. 1, Business Affairs & Labor Report, dated March 27,
38 2025, and placed in member’s bill file; Report also printed in House
39 Journal, March 28, 2025.
40
41 Amendment No. 2, by Representative Ricks:
42
43 Amend printed bill, page 7, line 18, strike "AND" and substitute "OR".
44
45 Page 8, strike lines 6 through 8 and substitute:
46
47 "(1.5) UPON A TENANT'S REQUEST, A LANDLORD SHALL PROVIDE
48 THE TENANT A WALK-THROUGH INSPECTION, EITHER IN PERSON OR VIA A
49 TELECOMMUNICATION-ASSISTED INTERACTIVE WALK-THROUGH, OF THE
50 DWELLING UNIT TO IDENTIFY IN WRITING".
51
52 Page 8, strike lines 12 through 19 and substitute "REQUEST, AT A TIME
53 THAT IS MUTUALLY CONVENIENT TO THE PARTIES, BEFORE THE
54 TERMINATION OF THE LEASE OR THE SURRENDER OF THE PREMISES, AND
55 AFTER THE TENANT HAS HAD THE OPPORTUNITY TO REMOVE FURNITURE.".
56
1 Page 12, strike lines 13 through 16 and substitute:
2
3 "(10) A LANDLORD MAY SEND A PAYMENT REFUNDING A TENANT'S
4 SECURITY DEPOSIT OR ANY PORTION OF IT AS REQUIRED BY THIS SECTION
5 TO THE TENANT BY MAILING THE PAYMENT TO THE TENANT'S LAST-KNOWN
6 ADDRESS OR, WITH THE TENANT'S CONSENT, BY USING A SECURED
7 ELECTRONIC TRANSFER OF FUNDS.".
8
9 Page 13, line 9, strike "FIVE" and substitute "TEN".
10
11 Page 15, strike lines 12 through 14 and substitute "applicability. (1) This
12 act takes effect January 1, 2026; except that, if a referendum petition is
13 filed pursuant".
14
15 As amended, ordered engrossed and placed on the Calendar for Third
16 Reading and Final Passage.
17
Senate Journal, May 1
After consideration on the merits, the Committee recommends that HB25-1249 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, line 11, strike "and (11)" and substitute "(11),
and (12)".
Page 10, line 3, after "TENANCY." insert "NOTHING IN THIS SUBSECTION (11)(a)
PRECLUDES A LANDLORD FROM HAVING ACTUAL CAUSE TO RETAIN ANY
AMOUNT OF A SECURITY DEPOSIT TO PAY FOR THE REPLACEMENT OF CARPET IN
A PORTION OR PORTIONS OF THE DWELLING UNIT IF THERE IS SUBSTANTIAL AND
IRREPARABLE DAMAGE TO A PORTION OR PORTIONS OF THE CARPET THAT
EXCEEDS NORMAL WEAR AND TEAR AND DID NOT PREEXIST THE TENANCY.".
Page 10, line 7, after the first "THE" insert "PAINT OF THE".
Page 10, strike lines 9 through 15 and substitute "TENANCY. NOTHING IN THIS
SUBSECTION (11)(b) PRECLUDES A LANDLORD FROM HAVING ACTUAL CAUSE TO
RETAIN ANY AMOUNT OF A SECURITY DEPOSIT TO PAY FOR THE REPLACEMENT
OF PAINT IN A PORTION OR PORTIONS OF THE DWELLING UNIT IF THERE IS
SUBSTANTIAL DAMAGE TO A PORTION OR PORTIONS OF THE PAINT ON THE
INTERIOR WALLS OR CEILING THAT EXCEEDS NORMAL WEAR AND TEAR AND DID
NOT PREEXIST THE TENANCY.".
Reletter succeeding paragraph accordingly.
Page 10, after line 19 insert:
"(12) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, SUBSECTIONS (1.5) AND (11) OF THIS SECTION DO NOT APPLY TO A
RENTAL AGREEMENT CONCERNING THE OCCUPANCY OF A MOBILE HOME, AS
DEFINED IN SECTION 38-12-201.5 (5), IN A MOBILE HOME PARK, AS DEFINED IN
SECTION 38-12-201.5 (6).".
Page 10, strike lines 20 through 27.
Strike page 11 and substitute:
"SECTION 3. In Colorado Revised Statutes, 38-12-103, amend as
amended by House Bill 25-1168 (1) as follows:
38-12-103. Return of security deposit. (1) (a) A landlord shall, within
one month THIRTY DAYS after the termination of a lease or surrender and
acceptance of the OF A premises, whichever occurs last, return to the tenant the
full security deposit deposited with the landlord by the tenant, unless the lease
agreement specifies a longer period of time, but not to exceed sixty days. A
landlord shall not retain the security deposit to cover normal wear and tear OR
FOR ANY DAMAGE OR DEFECTIVE CONDITION THAT PREEXISTED THE TENANCY.
If a tenant terminates the lease pursuant to section 38-12-402 (2)(a) and
provides the documentation required pursuant to section 38-12-402 (2)(a.5), the
tenant is not liable for damage to the dwelling unit caused by the responsible
party or during the course of an incident of unlawful sexual behavior, stalking,
domestic violence, or domestic abuse, and any amount of money that the
landlord retains from the security deposit must comply with section 38-12-402
(2)(b). In the event that actual cause exists for retaining any portion of the
security deposit, the landlord shall provide the tenant with a written statement
listing the exact reasons for the retention of any portion of the security deposit.
When the LANDLORD DELIVERS THE statement is delivered, it must be
accompanied by payment of THE LANDLORD SHALL ALSO DELIVER the difference
between any sum deposited and the amount retained, ALONG WITH ANY
RELEVANT DOCUMENTATION REQUIRED BY SUBSECTION (8) OF THIS SECTION. A
landlord is deemed to have complied with this section REQUIREMENT by mailing
SENDING the statement, and any REQUIRED payment, AND ANY required
DOCUMENTATION to the last-known address of the tenant OR TO ANY EMAIL
ADDRESS FOR THE TENANT THAT THE LANDLORD HAS ACTUAL NOTICE OF BY
SENDING ANY REQUIRED PAYMENT TO THE TENANT IN ACCORDANCE WITH
SUBSECTION (10) OF THIS SECTION.
(b) This section does not preclude a landlord from retaining EXCEPT AS
PROVIDED IN SUBSECTION (3.5)(a)(IV) OF THIS SECTION, A LANDLORD HAS
ACTUAL CAUSE TO RETAIN REASONABLE AMOUNTS FROM the security deposit
ONLY for:
(I) Nonpayment of rent; abandonment of the premises, or
(II) Nonpayment of utility charges; repair work, or cleaning contracted
for by the tenant.
(III) NONPAYMENT OF OTHER LAWFUL CHARGES LISTED IN THE LEASE;
OR
(IV) NECESSARY REPAIR WORK FOR DAMAGE OR DEFECTIVE CONDITIONS
THAT EXCEED NORMAL WEAR AND TEAR AND DID NOT PREEXIST THE TENANCY.
SECTION 4. Act subject to petition - effective date - applicability.
(1) Except as otherwise provided in this section, this act takes effect January
1, 2026.
(2) Section 38-12-103 (1), Colorado Revised Statutes, as amended in
section 2 of this act, takes effect only if House Bill 25-1168 does not become
law.
(3) Section 3 of this act takes effect only if House Bill 25-1168 becomes
law, in which case section 3 of this act takes effect on the applicable effective
date of this act.
(4) If a referendum petition is filed pursuant to section 1 (3) of article
V of the state constitution against this act or an item, section, or part of this act
within the ninety-day period after final adjournment of the general assembly,
then the act, item, section, or part will not take effect unless approved by the
people at the general election to be held in November 2026 and, in such case,
will take effect on the date of the official declaration of the vote thereon by the
governor.
(5) This act applies to conduct occurring on or after the applicable
effective date of this act.".
Business,
Labor, &
Technology
Senate Journal, May 2
HB25-1249 by Representative(s) Ricks and Bacon; also Senator(s) Exum and Danielson--Concerning
security deposits submitted to landlords by residential tenants.
Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, May 1, page(s) 1237-1238 and placed in members' bill files.)
Amendment No. 2(L.034), by Senator Hinrichsen.
Amend reengrossed bill, page 4, line 7, after "guests." add ""NORMAL WEAR
AND TEAR" DOES NOT INCLUDE UNCLEANLINESS THAT RENDERS A DWELLING
UNIT SUBSTANTIALLY LESS CLEAN THAN THE DWELLING UNIT WAS WHEN THE
LEASE BEGAN.".
Page 5, strike lines 18 and 19 and substitute:
"(1.5) UPON A LANDLORD'S OR TENANT'S REQUEST, IF REASONABLE AND
PRACTICABLE, THE LANDLORD AND TENANT SHALL CONDUCT A WALK-THROUGH
INSPECTION, EITHER IN PERSON OR VIA A".
Page 9, strike lines 7 through 9 and substitute "AMENDED, IF A LANDLORD
PROVIDES A TENANT WITH A WRITTEN STATEMENT PURSUANT TO SUBSECTION
(1) OF THIS SECTION WITHIN FOURTEEN DAYS AFTER A WRITTEN REQUEST BY THE
TENANT, THE LANDLORD SHALL PROVIDE".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, May 6
HB25-1249 by Representative(s) Ricks and Bacon; also Senator(s) Exum and Danielson--Concerning
security deposits submitted to landlords by residential tenants.
A majority of those elected to the Senate having voted in the affirmative, Senator Exum
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.035), by Senator Exum.
Amend revised bill, page 9, line 24, strike "THREE BUSINESS" and substitute
"FIFTEEN CALENDAR".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Amabile Y Daugherty Y Liston Y Rodriguez Y
Baisley Y Exum Y Lundeen Y Simpson Y
Ball Y Frizell Y Marchman Y Snyder Y
Bridges Y Gonzales J. Y Michaelson Y Sullivan Y
Bright Y Hinrichsen Y Mullica Y Wallace Y
Carson Y Jodeh Y Pelton B. Y Weissman Y
Catlin Y Kipp Y Pelton R. Y Winter F. Y
Cutter Y Kirkmeyer Y Rich Y President Y
Danielson Y Kolker Y Roberts Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 19 NO 16 EXCUSED 0 ABSENT 0
Amabile Y Daugherty N Liston N Rodriguez Y
Baisley N Exum Y Lundeen N Simpson N
Ball Y Frizell N Marchman Y Snyder N
Bridges Y Gonzales J. Y Michaelson Y Sullivan Y
Bright N Hinrichsen Y Mullica N Wallace Y
Carson N Jodeh Y Pelton B. N Weissman Y
Catlin N Kipp Y Pelton R. N Winter F. Y
Cutter Y Kirkmeyer N Rich N President Y
Danielson Y Kolker Y Roberts N