38-12-102. Definitions. As used in this part 1, unless the context otherwise
requires:
(1) Home owner has the meaning set forth in section 38-12-201.5 (2).
(2) Landlord means a landlord, as defined in section 38-12-502 (5), or the
management or landlord of a mobile home park, as defined in section 38-12-201.5
(3).
(3) Late fee means a monetary sum that a landlord charges a tenant or
home owner as a result of the tenant's or home owner's failure to timely pay rent
and that is determined pursuant to a rental agreement between the landlord and
the tenant or home owner.
(4) [Editor's note: This version of subsection (4) is effective until January 1,
2026.] Normal wear and tear means deterioration that occurs, based upon the use
for which a rental unit or mobile home space, as defined in section 38-12-201.5 (6.5),
is intended, without negligence, carelessness, accident, or abuse of the premises or
equipment or chattels by the tenant or home owner or members of the tenant's or
home owner's household or their invitees or guests.
(4) [Editor's note: This version of subsection (4) is effective January 1, 2026.]
Normal wear and tear means deterioration, damage, or uncleanliness that occurs,
based upon the use for which a rental unit or mobile home space, as defined in
section 38-12-201.5 (6.5), is intended or reasonably and typically used, without
negligence, carelessness, accident, or abuse of the premises or equipment or
private property by the tenant or home owner or members of the tenant's or home
owner's household or their invitees or guests. 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.