HB25-1249 took effect January 1, 2026. Security deposits are now tenant property. Pre-existing conditions are off-limits. And if you can't document the difference, courts won't either. Amavera creates the photographic baseline you need.
House Bill 25-1249 amends Colo. Rev. Stat. § 38-12-103. Security deposits are now legally tenant property held in trust. Landlords may not deduct for pre-existing conditions or normal wear and tear. The definition of normal wear and tear has been expanded to include routine cleaning, minor scuffs, nail holes, and general uncleanliness. Carpet deductions require the carpet to be under 10 years old with damage beyond ordinary use. Tenants can request supporting documentation within 14 days. The Attorney General can now prosecute violations.
Willful wrongful retention of a security deposit in Colorado can result in treble (3×) damages plus attorney's fees and court costs. Missing the return deadline can forfeit your right to retain any portion of the deposit. And as of 2026, the Colorado Attorney General has the power to prosecute violations directly.
HB25-1249 doesn't use the word "photographs." But it prohibits deductions for pre-existing conditions, and the only way to prove a condition didn't preexist the tenancy is to have a dated record of the unit's condition on the day the tenant moved in.
A written checklist noting "walls in good condition" is not evidence. A timestamped photograph of the walls is. When a tenant requests documentation to support your deductions, which they now have a statutory right to do within 14 days, photographs are the documentation that holds up.
The expanded definition of normal wear and tear makes this even more critical. Minor scuffs, nail holes, and faded paint are now explicitly non-deductible. You need photos detailed enough to show that the damage you're claiming goes beyond that line.
Amavera lets you invite tenants to document each unit's condition at move-in using a guided mobile app. You manage everything from the web portal. Every report becomes documentation you can rely on when the 14-day clock starts.
If you manage several properties along the Front Range, you're doing move-in and move-out inspections year-round. Buy a Pro 30 bundle on the portal and invite tenants as each new lease begins — 30 inspection reports at a significant discount, enough to cover a year's worth of turnovers for most portfolios.
Single reports available at $30 each. Bundles of 3, 5, and 10 also available.
HB25-1249 is already in effect. Buy report credits, invite your tenants, and build the documentation before you need it.
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