Normal wear and tear is one of the most talked-about issues between landlords and tenants when it comes to renting out property in Colorado. When a lease ends, a tenant may leave the property, and arguments about the state of the rental property are common. The main question is whether the damage or degradation is normal wear and tear or if the tenant should have to pay for it. It is very important to understand what “normal wear and tear” in Colorado means, especially with the new laws that have just gone into effect. This will help both sides know what they need to do. Proper property management practices can also play a key role in preventing these disputes and ensuring smoother move-out inspections.
In this blog, we will explore what normal wear and tear really means under the new Colorado law, and how tenants and landlords alike can navigate this complex issue.
What is Normal Wear and Tear?
First, it’s crucial to know what “normal wear and tear” means. Normal wear and tear is the slow, natural decline of a rental property that happens over time as a result of normal use. It is not the product of carelessness, overuse, or accidents. Basically, when a tenant utilizes the property as it was meant to be used, some items will naturally wear down. This can mean small scratches on the walls, paint that has faded, or carpets that are worn out.
regular wear and tear is not the same as damage caused by a tenant’s carelessness or purposeful destruction. Instead, it is a regular part of life. Tenants usually shouldn’t have to pay for it, but it can be hard to know where to draw the line.
What is Considered Wear and Tear on a Rental?
When a tenant rents a property, they want it to be safe and clean. But as the lease goes on, the property naturally changes. Some of these changes are small and both sides expect them to happen. Others, though, could be perceived as more important and could cause problems. For those buying rental property, understanding how wear and tear develops over time is also essential for maintaining long-term value and avoiding disputes.
In general, the following things are thought to be normal wear and tear on a rental:
- Fading Paint: Over time, paint can fade if it is exposed to sunshine or humidity. When anything fades or chips a little bit from normal use, that’s normally normal wear and tear.
- Carpets that are worn down: Carpets naturally wear down with use, especially in regions with a lot of foot activity. Most of the time, damage is defined as major stains or tears. However, minor fading or matting from walking is usually okay.
- Scratches and scuffs on walls and floors: Most people don’t think much of light scuff lines on walls or floors that come from normal use.
- Old Appliances: Things that are old may not work as well as they used to, especially in older homes. If a stove or fridge has reasonable wear and tear, it still works but looks older because it has been used a lot.
- Small cracks in the walls or ceiling: These are generally just signs of normal wear and tear that happen when the building settles or moves. But if the damage is bad enough from being ignored or used in the wrong way, it might not belong in this group.
What is Normal Wear and Tear in a Rental?
It’s evident that using a rental on a regular basis will naturally cause some parts of it to wear down. However, what is considered typical wear and tear depends a lot on the property and how it was when the renter moved in. The new rule in Colorado makes it very clear what both tenants and landlords are liable for when it comes to taking care of the property.
The new law makes a difference between damage caused by the tenant’s carelessness and damage that happens over time while living in the rental. For instance, if a tenant doesn’t clean the property on a regular basis or damages the walls or flooring a lot, that probably wouldn’t be covered by normal wear and tear. If the damage is just from usual use, like little dents or fading from furniture or pets, it is more likely to be called normal wear and tear.
The Role of the Colorado Landlord-Tenant Law
The Colorado Landlord-Tenant Law gives clear rules for what is considered typical wear and tear in rental homes. It is the landlord’s job to make sure that their rental premises are clean and safe for tenants to live in. This entails checking things out every so often, fixing things, and dealing with any safety or cleanliness issues. But when a renter moves out, the question is: how much can a landlord charge the tenant for the damage that staying in the apartment caused?
Landlords can’t keep a tenant’s security deposit if the damage is just regular wear and tear, according to the new rule. This means that you, as a tenant, shouldn’t be punished for things that happen because you live in the property as you should.
It’s vital to remember that landlords have to give tenants a detailed inventory of the damages that they are accountable for within 30 days of the lease ending. If the landlord tries to charge the tenant for regular wear and tear, it could lead to a lawsuit and a fight.
Defining Reasonable Wear and Tear
When figuring out how much damage or deterioration has happened to a property in Colorado, the idea of “reasonable wear and tear” commonly comes up. Reasonable wear and tear is the amount of wear and tear that would happen under normal living conditions. This can change based on things like how long the lease is, what kind of property it is, and how many people live in the rental. Working with a tenant finder can also help landlords select reliable tenants who are more likely to maintain the property responsibly throughout their lease.
If a renter has lived in a property for a long time, some parts will exhibit more wear than if they had only rented it for a few months. Landlords should look at the state of the property based on how long the tenant lived there and how much wear and tear was caused by normal use.
It is important to remember that normal wear and tear does not mean a tenant is not responsible for major damage. Fair wear and tear wouldn’t cover big holes in the walls, broken windows, or rugs that have pet stains on them, for instance. Things like this are more likely to be seen as damage from the tenant, which can be taken out of the security fee.
Recent Changes to the Colorado Law
Recently, the Colorado legislature made modifications to how natural wear and tear is handled within rental agreements. Here are some of the most essential parts of the new law:
- More Clear Definitions: The new law gives a clearer definition of normal wear and tear and stresses the need to tell the difference between damage produced by regular usage and damage caused by a renter.
- Better Protections for Tenants: The new rule makes it harder for landlords to charge tenants excessive fees for routine wear and tear. If landlords wrongfully withhold deposits, and don’t fix it within 7 days of receiving a tenant’s written demand, tenants can sue for triple the withheld amount plus attorney fees.
- Regular Inspections: The 2026 law does not create new obligations for routine inspections. What’s new is a tenant’s right to request a pre-move-out walk-through inspection. Landlords must accommodate it and point out potential deductions.
- Itemized Security Deposit Refunds: Landlords must return the deposit or provide a written itemized statement within 30 (or 60) days. Under HB 25-1249, if tenants request it, landlords must supply supporting documentation (photos, receipts, invoices, inspection reports, or estimates) within 14 days of the request. Invoices aren’t automatic.
Tips for Tenants and Landlords
For Tenants:
- Document the Condition of the Property: Take pictures or videos of the property’s condition before you move in. This will be proof in case there are any disagreements about regular wear and tear when you move out.
- Keep the Property in Good Condition: Normal wear and tear can’t be stopped, but cleaning and care can help keep damage to a minimum. Some things you should do are: clean up spills right away, fix small issues right away, and keep your tools in good shape.
- Know What your Rights are: Learn about Colorado’s rules for landlords and tenants to know what is normal wear and tear and what is damage. This will help you fight charges that aren’t fair if they happen.
For Landlords:
- Provide Clear Lease Terms: Make sure your lease agreements spell out exactly what you expect from the property’s upkeep, including what counts as regular wear and tear.
- Do Regular Inspections: Doing regular inspections while the tenant is living there might help you find problems early and fix them before they become big ones.
- Be Fair: If you’re going to keep a security deposit, make sure you only charge for damages that are more than normal wear and tear. If you’re not sure, go to a lawyer or read the Colorado Landlord-Tenant Law to avoid getting into trouble with the law.
Conclusion
Both tenants and landlords need to know what “normal wear and tear” means under Colorado law. The new law makes things clearer for tenants and gives landlords the rules they need to keep their buildings in good shape. If both sides know the difference between damage and regular wear and tear, they can avoid fights and misunderstandings that cost a lot of money. Having renters damage insurance can also provide extra protection in case unexpected issues or disputes arise over property conditions.
It’s important to know what “normal wear and tear” means and what your rights and responsibilities are as a renter or owner. This way, you can be sure that your property stays in good shape.
