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Home/Resources/Rental Maintenance/Colorado Landlord Tenant Rights [2025]

Colorado Landlord Tenant Rights [2025]

453 views 2 Jacob Thomason

jacob-thomason 453 views 2

colorado landlord tenant rights

Ever wondered what happens when something goes wrong with your rental? 

In Colorado, both landlords and renters have special rules that protect them. 

Whether you’re a property owner or someone paying rent, knowing these rights can save you from big headaches.

This guide breaks down the key rules that keep both landlords and tenants safe and informed in Colorado. 

Whether you’re a property owner or a renter, understanding these rights helps you avoid problems and know exactly where you stand.

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What are Landlords’ and Tenants’ Rights in Colorado? 

What Rights Do Landlords Have in Colorado? 

Landlords in Colorado have specific rights to manage their rental properties effectively. These rights help them protect their investment and maintain a good relationship with lessees. 

The following is the simple breakdown of what rights landlords are entitled to under Colorado law:

1. Charge Pet Rent and Deposit

Landlords in Colorado have the right to charge an additional pet deposit and pet rent to allow pets in their rental property under HB23-1068. Specifically, this piece of legislation imposes certain limits on these charges by capping the refundable pet deposit at $300 and restricting the pet rent to $35 or 1.5% of the monthly rent, whichever is greater. 

2. Charge a Rental Application Fee

Colorado’s HB19-1106 bill allows landlords to charge a rental application fee to cover their costs in processing the rental application, as long as they submit a disclosure of the anticipated expenses for which the fee will be used or an itemization of the actual expenses incurred. 

An unused portion of the application fee, if any, must be refunded within 20 days to avoid penalties—usually 3x the amount of the rental application fee. 

3. Right to Entry

Landlords can enter the rental property without any advance notice since there’s no explicit law regarding it. However, it’s a good practice for landlords to notify the tenants (orally or in writing) at least 24-48 hours before to foster a positive landlord-tenant relationship. 

4. Deduct or Keep the Security Deposit

Landlords can legally deduct or keep security deposit in the following circumstances:

  • Non-payment of the rent or other charges as per the agreed lease terms.  
  • The rental unit is damaged beyond normal wear and tear. 
  • Non-payment for the utilities used.
  • Early lease termination, especially if it’s not due to a valid reason outlined in the lease. 

5. Collect Rent

Landlords have the right to collect rent as per the agreement, including the freedom to increase rent once in any 12 months of consecutive occupancy. 

6. Evict Tenants

The HB24-1098 bill grants certain powers to the landlords to initiate a “just cause” eviction against residential tenants in the following cases:

  • Non-payment of rent on time despite repeated reminders
  • Violation of lease term(s)
  • Illegal conduct
  • Not renewing an expired lease
  • Endangering the property or a neighbor’s property

What Rights Do Tenants Have in Colorado? 

Living in Colorado as a tenant comes with certain protections under the law, making sure your home is safe, your privacy is respected, and your landlord follows fair rules. 

Whether you’re renting an apartment or a house, here are your basic rights in CO:

1. Safe and Habitable Living Space

Tenants have the right to a safe and habitable living space, a concept known as the Warranty of Habitability, that meets the standard health and safety requirements. Meaning that the landlord must ensure proper waterproofing, plumbing, uninterrupted water supply, electricity, heating, adequate ventilation, and well-maintained floors, stairways, and railings. 

2. Keep the Property Clean

Tenants are supposed to keep the property spick and span, except for regular wear and tear due to tenancy. This includes disposing of ashes, garbage, rubbish, and other waste from the dwelling unit, as well as using all landlord-provided facilities and appliances responsibly. 

3. Protection Against Discrimination

Tenants in Colorado have the Right to Fair Housing, meaning landlords can’t discriminate against them based on:

  • Disability (a mental or physical impairment which substantially limits a major life activity)
  • Race
  • Creed
  • Color
  • Religion
  • Sex
  • Sexual Orientation (which is statutorily defined as “including transgender status” – i.e., Gender Identity)
  • Marital Status
  • Familial Status 
  • National Origin
  • Ancestry
  • Source of Income (HB20-1332)
  • Veteran or Military Status (HB22-1102)

4. Protection Against Retaliation

Tenants are also legally protected from retaliation for exercising their legal rights, such as reporting unsafe living conditions, protesting against unjust rent hikes without due notice, requesting major repairs, or organizing a tenants’ association. 

What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in Colorado?

1. Legal Termination Procedures in Colorado

Ending a tenancy in Colorado involves specific legal steps that both landlords and tenants must follow. 

These rules help ensure that the process is fair and clear for everyone involved. 

From giving proper notice to delivering it to the concerned party, here’s a straightforward look at what’s required to legally terminate a tenancy in the state: 

2. Notice Requirements

The following table summarizes the minimum notice period requirements (Colo. Rev. Stat. § 13-40-107) based on the lease duration:

Lease Duration/TypeMinimum Notice Period
<= 1 week1 day
1 week – 1 month3 days
1 month – 6 months21 days
6 months – 12 months28 days
>= 12 months 91 days

Note: No written notice is necessary from a tenant with a fixed-term tenancy that automatically ends at a time certain. 

3. Justified Lease Termination Reasons

Here’s a list of some common justified lease termination reasons:

  • Mutual termination
  • Uninhabitable rental unit
  • Active military duty (under  Servicemembers Civil Relief Act)
  • Domestic violence 
  • Lease terms violations 
  • Harassment/privacy violation
  • Gas-related problems and/or health hazards

4. Unjustified Lease Termination Reasons

Here’s the list of some common unjustified lease termination reasons:

  • Relocating due to job change or marriage (or divorce)
  • Losing a roommate
  • Annoying neighbors
  • Shifting to another location closer to a family member or friend
  • Upsizing or downsizing

5. Lease Notice Delivery

Tenants willing to break a lease early should either hand the legally compliant notice directly to the landlord or mail to their registered/certified mail. 

Eviction Process in Colorado

The eviction process in Colorado outlines how landlords can legally remove tenants who break their lease or don’t pay rent. It’s designed to balance tenant protections with landlord rights, following clear steps. 

Here’s a quick look at how it works:

1. Serve a 3-Day or 10-Day Eviction Notice

In Colorado, landlords must follow specific rules when starting an eviction, including serving the right notice with a clear timeline for tenants to respond. Here’s how it works:

  • Rent Demand Notice: If rent is late, the landlord must give the tenant a written notice. It states the amount owed (unpaid rent plus any late fees) and gives them at least 10 business days from receiving it to pay up. If they don’t, the lease ends on the date listed in the notice, and the landlord can move forward with eviction (per CRS § 13-40-104(1)(d)).
  • Lease Violation Notice: If the tenant breaks a rule in the lease—like having an unauthorized pet or causing disturbances—the landlord delivers a notice detailing the violation. It explains what the tenant must do to fix it and sets a deadline of at least 10 days after receipt. If the tenant doesn’t correct the issue by then, the lease terminates on the specified date (per CRS § 13-40-104(1)(e)).
  • Unconditional Notice to Quit: For severe violations, there’s no chance to fix things and the tenant gets just 3 days to leave. This applies to “substantial violations” under CRS § 13-40-107.5, like seriously endangering the property or a neighbor’s property, committing violent or drug-related felonies on or near the premises, or doing criminal acts (punishable by 180+ days in jail) that are declared a public nuisance by state law.

CRS § 13-40-108 says landlords must deliver notices in one of these ways: hand it directly to the tenant, give it to another resident at the rental, leave it with a family member over 15, or—if no one’s available—post it somewhere obvious, like the front door.

These steps ensure tenants get fair warning and a chance to act, unless the violation is too serious to allow a fix.

2. Files an Eviction Lawsuit With the Court

If a tenant doesn’t fix the issue (or can’t) by the notice deadline, the landlord can take them to court. They file an eviction complaint in either the Colorado District Court or County Court, depending on where the property is. The landlord gets an Eviction Complaint and Affidavit form from here, fills it out, and submits it. 

County courts handle cases if the property’s monthly rent is under $25,000 (CRS § 13-40-109); if it’s more, the case shifts to the district court.

The complaint needs some basic details (CRS § 13-40-110), such as property details, tenant’s name, why they’re being evicted (like unpaid rent or lease breaches), plus amounts owed for rent and damages.

Filing costs money—county court fees are $85 (claims under $1,000), $105 ($1,000-$14,999), or $155 ($15,000-$25,000).

District court? Always $235. 

Once filed, the court takes over, deciding what’s next for the tenant and landlord.

3. Court Serves Tenant the Summons 

After the landlord files the eviction complaint, the court clerk jumps into the eviction process and prepares a summons. It’s set for 7 to 14 days after filing and includes a handy list of resources— think websites and phone numbers—where tenants can get legal help or rent aid (CRS § 13-40-111(5)). Plus, it warns them they need to write up an answer to the landlord’s claims.

It must be noted that someone over 18, who isn’t involved in the case, has to deliver the summons and complaint to the tenant. If the sheriff does it, they can charge a fee— whatever it costs them, capped at $35 (CRS § 30-1-104(1)(a.5)).

In the absence of the tenant, the individual serving the summon can stick the papers somewhere obvious, like the front door, and the landlord should mail a copy, too. 

Either way, this all needs to happen at least 7 days before the court showdown (CRS § 13-40-112). 

4. Tenant Files an Answer

Once the tenant gets the summons, they need to send an Answer back to the court. This form lets them explain why they think they can stay, whether they agree or disagree with what the landlord claims, and if the landlord followed the notice rules (they can’t bring up bad notice for the first time at the hearing, though). 

Filing this costs a fee, and if they’re holding back rent because the landlord didn’t fix the requested repairs, the court will make them pay that rent into a special account (CRS § 13-40-111(1)).

After the Answer’s in, the court picks a hearing date—usually 7 to 10 days later. If either side has a legit reason to postpone it, they can ask for an extra 10 days, but this doesn’t apply to big violations like crimes or damage (CRS § 13-40-113). 

If the tenant skips filing an Answer by the court date, the judge might just rule for the landlord right away, handing them possession, damages, and costs.

5. Attend Court Hearings and Receive Judgment

When the eviction hearing day arrives, the landlord needs to show up prepared, i.e., they should bring the lease, the eviction notice (with proof it was delivered), the complaint, and anything showing the tenant broke the rules— like photos or unpaid rent records. 

Both sides get their turn to talk, sharing their story and evidence with the judge. Once everyone’s done, the judge makes a call on who gets to keep the property.

If the landlord comes out on top, the court hands them an order saying the place is theirs again, plus a writ of restitution to make it official. 

The judge also sorts out any money owed—like back rent or bills—and adds reasonable lawyer fees and court costs to the tab (CRS § 13-40-115). 

Not happy with the outcome? 

Either the landlord or tenant can ask a higher district court to take another look (CRS § 13-40-117). 

6. Tenant Gets 48 Hours to Move Out 

In Colorado eviction cases, the court doesn’t issue the Writ of Restitution after a judgment. Per CRS § 13-40-122, there’s a required 48-hour pause, giving tenants two complete days to leave the property on their own terms. 

Only once this period passes can an officer arrive to carry out the eviction if the tenant hasn’t budged. This built-in delay ensures a short grace period for voluntary departure before any enforcement action begins.

7. Sheriff Arrives to Forcibly Remove the Tenant

Should the tenant stay put beyond the 48-hour window after judgment, the landlord can turn to the county sheriff’s office to enforce the Writ of Restitution. 

This involves delivering the writ to the sheriff, who then assigns an officer— be it the sheriff, undersheriff, or a deputy—to head to the property, remove the tenant by force if needed, and hand possession back to the landlord (CRS § 13-40-122(2)). 

Post-eviction, the sheriff can bill the landlord for costs, capped at $200 unless the job stretches past two hours, in which case it could go higher (CRS § 30-1-104(1)(gg)).

As for the tenant’s belongings, the landlord isn’t obligated to hold onto anything left behind. There’s no requirement to catalog items, check their condition, or figure out who owns what—and the landlord’s off the hook for any damage or loss. 

That said, if they opt to store the stuff, they can charge the tenant fair storage fees. 

Dispute Resolution Options in Colorado

When disagreements arise between tenants and landlords in Colorado, there are straightforward ways to settle them without turning to the court. 

These options help avoid long costly battles and focus on finding fair solutions in minimum time. 

Some workarounds for dispute resolution in the state include:

Direct Communication

Direct communication between the landlord and tenant can often solve small issues like late rent or repairs. Both sides can share their concerns, listen, and try to agree on a solution. It’s free, fast, and keeps things friendly. 

This works best for simple problems when both parties are willing to cooperate. 

If it doesn’t work, there are other alternatives, too.

Mediation

Mediation uses a neutral person to help landlords and tenants talk and find a solution. In Colorado, groups like Colorado Housing Connects offer free or low-cost mediation. Both the landlord and tenant meet (in-person or online), discuss the issue— like a lease disagreement—and the mediator guides them to a fair deal. 

It’s less formal than court, saves time, and there’s an outcome in the majority of cases. No one forces a decision, so it’s low-pressure.

Arbitration

Arbitration is like mediation but with a twist: a neutral person listens to both groups and makes a final decision they must follow. It’s faster and cheaper than a court, and both parties can present evidence to support their claims. In Colorado, it’s less common for small disputes but works for bigger issues like unpaid rent. The decision is binding, so it ends the fight.

File a Complaint With the Division of Housing

For mobile home park disputes, the tenant or landlord can file a complaint with Colorado’s Division of Housing. They investigate issues like park maintenance or unfair rules. It’s free, and it acts as a neutral party to check if laws are followed. 

The problem is to be submitted in writing either online or by mail, and they guide both sides to fix it. 

It’s worth noting that this only applies to mobile home parks, not regular rentals.

Small Claims Court

Small Claims Court handles disputes up to $7,500, like security deposit fights or unpaid rent. In Colorado, any party can file a claim at their local county court, pay a small fee, and represent themselves. Both sides show evidence, and a judge decides. It’s more formal than mediation but cheaper than hiring a lawyer. 

It takes a few weeks, and the ruling is final—great for when talking or mediation fails.

Legal Aid or Lawyer 

Hiring a lawyer or using free legal aid (like Colorado Legal Services) helps with tricky disputes, like evictions or habitability issues. Lawyers explain the tenant’s or landlord’s rights, negotiate, or fight in court. Legal aid is highly recommended for low-income renters and offers free advice or representation. It may cost more with a private lawyer, but it’s worth it for big problems. 

In CO, this ensures both groups follow laws and get expert help when things get complicated.

What Are Landlords’ and Tenants’ Responsibilities in Colorado?

Landlord Responsibilities in Colorado

Landlords in Colorado are required to keep rental properties safe and livable for tenants. They have clear duties, like making repairs and following housing laws, to support a fair renting experience. Let’s look at some of their key responsibilities.

Perform Necessary Repairs and Maintenance to Keep Property Liveable

Landlords must perform prompt repairs to keep the property habitable, ensuring it doesn’t interfere with the life, health, or safety of the potential lessees. That being said, landlords are legally bound to address the following issues on priority:

  • Mold, lead, or asbestos
  • Plumbing issues
  • Faulty electrical wiring
  • Insufficient lighting 
  • Dirty or unkempt common areas
  • Poorly maintained floors, stairs, and railings
  • Sewage disposal issues
  • Broken appliances

In case the landlord fails to resolve any of the above-mentioned issues within 24-96 hours of receiving a written or electronic notice, the tenant can get the repair done from their end and deduct the cost incurred from their next month’s rent. 

Make Mandatory Disclosures

The landlords must make certain disclosures before signing the lease agreement with a prospective tenant, which include:

  • Use of banned lead-based paint in the dwelling unit
  • Structural damage, including, but not limited to mold, smoke, water, fire, and the roof’s condition
  • Information about available utilities and whether they are free to use or paid
  • Source and the quality of drinkable water 
  • HOA (Homeowners Association) disclosure

Respect Tenant’s Privacy 

Landlords must respect the tenant’s privacy, which means that the tenant is entitled to own peace and personal time within the residential unit. Thus, landlords must try to avoid entering the premises of the tenant without notice. They aren’t allowed to interfere with the tenant’s daily life and comfort, either.

Moreover, if the lease doesn’t include a written clause specifying when the landlord can enter the  rental property, the tenant has exclusive use of the property and doesn’t have to allow the landlord access. 

Security Deposit Handling

The landlord has 30 days—unless the lease specifies more time (but not more than 60 days)—to return the deposit amount after a tenant vacates. In case any deductions are made, the landlord must include a written itemized statement with the reason for each specific deduction, as well as the appropriate repair cost. 

Comply With the Lease Agreement 

Complying with the lease terms isn’t the sole responsibility of the tenant, but also of the landlord. The latter must also respect the outlined terms of the rental, from providing a liveable environment to conducting prompt repairs. 

Tenant Responsibilities in Colorado

Tenants in Colorado also have certain duties they must follow to keep their rental agreement smooth. These responsibilities include paying rent on time, keeping the place clean, and respecting the property. 

Here’s a quick look at what’s expected of tenants in the state.

Pay Rent on Time

Renters are obligated to pay rent by the due date. If they fail to do so and the 7-day grace period (10 days for homeowners) has expired, landlords can impose applicable late fees, but not exceeding $50 or 5% of the monthly rent, whichever is greater. 

Dispose Waste Properly

Colo. Rev. Stat. § 38-12-504 says that tenants must dispose of garbage, rubbish, ashes, and other waste materials from the residential premises in a clean, safe, sanitary, and legally compliant manner. 

Promptly Notify the Landlord of Any Repairs

Tenants must promptly bring to the landlord’s attention any situation where the residential premises become uninhabitable as defined in section 38-12-505 or if there’s a condition that could result in the premises becoming uninhabitable if not remedied, for example:

  • Mold associated with dampness
  • Non-functioning electrical appliances
  • Lack of plumbing, waterproofing and weather protection of roof and exterior walls, running water, gas facilities, and more. 

Use Facilities Responsibly

Tenants must use every utility and facility provided by the landlord in a safe and reasonable manner to maintain a positive relationship and smooth tenancy in Colorado. 

Colorado Landlord-Tenant Rental Laws

Colorado’s landlord-tenant rental laws set clear rules to balance the rights and responsibilities of both renters and property owners. These laws cover essentials like rent payments, repairs, and lease agreements in an easy-to-understand way. 

Let’s go through some of the key laws that affect tenants and landlords alike.

Rent Control Law

Colorado doesn’t have statewide rent control laws; even local governments are prohibited from levying any kind of rent caps. This allows the landlord to increase rent for a mobile home lot or mobile home by any amount, irrespective of the lease type, as long as they fulfill the following requirements:

  • Serve a written notice at least 60 days’ before implementing the new rent
  • Hike rent only once in any 12-month period of consecutive occupancy

While official rent control regulations don’t exist, it’s still a good idea for landlords to keep rent hikes within reasonable limits. 

Late Fee Law

Landlords are free to charge a late fee on late rent payments, but only after the 7-day grace period has expired. 

The late fees cannot exceed $50 or 5% of the monthly rent, whichever is greater. In addition, this late fee can be charged more than once per month if the total doesn’t exceed the above-said limits.

Landlords, however, can’t:

  • Charge interest on late fees
  • Charge late fees on the subsidized portion of the rent
  • Subtract any late fees from the already paid rent
  • Evict someone only for unpaid late fees

Security Deposit Law

Colo. Rev. Stat. § 38-12-103 lays out clear guidelines for returning the security deposit to its rightful owner—the tenant. According to it, the landlord must refund the full security deposit (equal to 1 month’s rent) within 30 days after the lease terminates or the tenant moves out of the property, unless the lease agreement specifies a longer period of time, but only up to 60 calendar days. 

The law also bars landlords from retaining any portion of the deposit to cover normal wear and tear, unless there’s clear evidence that the wear and tear was excessive or caused by the tenant’s negligence or willful damage.

As explicitly stated:

“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 statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained.” 

Residential Tenant Screening Law

Colorado’s residential tenant screening law has undergone several changes over the past years. 

Under the current HB25-1236 bill:

  • A prospective tenant using a housing subsidy is not required to include a credit history report, a credit score, or an adverse credit event with the tenant’s screening report.
  • A landlord can’t inquire into a prospective tenant’s adverse credit event. The bill defines “adverse credit event” as an event that can be reflected in a consumer credit report or might negatively affect a person’s credit score, including past due delinquent rent payments and collections.
  • A landlord receiving a portable tenant screening report can require that the screening report was completed within the previous 60 days, which is an increased time period from 30 days.

👉 FURTHER READING:

  • California landlord tenant rights [2025] 

How does RentPost help landlords in property management with tenants?

RentPost helps landlords manage their properties easily. It lets tenants pay rent online, so landlords get payments on time. It also tracks finances, helps screen tenants, and organizes leases. 

If something breaks, tenants can request repairs through RentPost, making maintenance simple. Landlords can keep all important documents and messages in one place, reducing stress. 

Here are key RentPost features at a glance:

  • Easy Rent Collection – Tenants pay online, ensuring on-time payments.
  • Financial Tracking – Keeps records of rent, expenses, and reports.
  • Tenant Screening – Helps landlords choose reliable tenants.
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  • Lease Organization – Stores lease agreements and important documents.
    Messaging System – Keeps all landlord-tenant communication in one place.
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Frequently Asked Questions (FAQs)

What tenant rights apply in Colorado when the landlord sells the house?

In CO, if the landlord sells the house, the tenant’s rights stay intact. The new owner must honor their existing lease terms, including rent amount and duration unless the lease has a clause allowing termination upon sale.

What are the notice-to-vacate requirements under Colorado landlord-tenant law?

Colorado law requires landlords to give written notice before the tenant must vacate. For tenants living there a year or more, it’s 91 days; 1-12 months, 21 days; less than a month, 7 days. If it’s an eviction for cause (like unpaid rent), the notice drops to 3-10 days, depending on the issue. It’s a fair system, giving the tenant a good amount of time to plan their next move.

What does Colorado landlord-tenant law stipulate regarding security deposits?

Landlords can charge a security deposit in an amount equivalent to one month’s rent. They must return it within 30 days (CO Rev Stat § 38-12-103) after the tenant moves out, or up to 60 days if the lease says so, minus deductions for unpaid rent or damages beyond normal wear. It’s the tenant’s right to get an exact and specific list of deductions. 

How does Colorado landlord-tenant law address water bill responsibilities?

Colorado’s laws don’t explicitly say who pays water bills. In other terms, it’s up to the lease. If it states the tenant is responsible, they’ll cover it; otherwise, it often falls to the landlord. It’s all about what both parties agreed to upfront.

Does Colorado landlord-tenant law apply to commercial leases?

No, Colorado landlord-tenant laws are mainly for residential properties. Commercial leases are governed by contract law and specific terms. There’s less regulation, so tenants and landlords have more freedom to negotiate. It’s a different world from residential rules—more flexibility, but fewer built-in protections.

Is Colorado a landlord-friendly state?

Unlike California, CO is definitely a more landlord-friendly state. Eviction processes are straightforward and rent control isn’t allowed statewide, allowing landlords to hike rent without restrictions. But recent laws have added tenant protections, like stricter repair timelines and limits on late fees. 

Does Colorado have rent control?

No, Colorado doesn’t have statewide rent control. The state legally banned local rent control ordinances back in 1981 with the Rental Housing Act, so landlords can raise rent as they see fit when a lease ends. In 2019 and 2024, a bill was again introduced to allow individual cities to set their own rental hike limits, but the bill also couldn’t get through. 

Can landlords raise rent in Colorado? If so, how much?

Yes, landlords can raise rent in Colorado, and there’s no legal cap. They can’t hike it mid-lease unless the agreement allows it, but once the lease ends, they can set any new rate. For month-to-month tenants, they must give 60 days’ notice. Market trends usually guide how much—could be a little or a lot, depending on demand.

Author

  • jacob thomason rentpost
    Jacob Thomason

    Jacob Thomason is the CEO and co-founder of RentPost, a powerful software platform designed to streamline property management for landlords, property managers, and owners. A seasoned software entrepreneur, Jacob brings a wealth of expertise spanning business concept design, software architecture, and development. Since 2009, he has been at the helm of RentPost, helping property professionals simplify operations and maximize efficiency.

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