(1) The management of a mobile home park may terminate a tenancy only for one or more of the following reasons:
(a) Except in the case of a home owner who cures a noncompliance as described in section 38-12-202 (3), failure of the home owner to comply with local ordinances and state laws and rules relating to mobile homes and mobile home lots;
(b) Repealed.
(c) Except in the case of a home owner who cures a noncompliance as described in section 38-12-202 (3), failure of the home owner to comply with written rules and regulations of the mobile home park that are enforceable pursuant to section 38-12-214, are necessary to prevent material damage to real or personal property or to the health or safety of one or more individuals, and were:
(I) Established by the management in the rental agreement at the inception of the tenancy;
(II) Amended after the inception of the tenancy with the consent of the home owner; or
(III) Amended after the inception of the tenancy without the consent of the home owner after providing sixty days' prior written notice to the home owner.
(d) (I) Condemnation or change of use of the mobile home park. When the owner of a mobile home park is formally notified by a notice of intent to acquire pursuant to section 38-1-121 (1) or other similar provision of law, or a complaint in a condemnation action from an appropriate governmental agency that the mobile home park, or any portion thereof, is to be acquired by the governmental agency or may be the subject of a condemnation proceeding, the landlord shall, within seventeen days, notify the home owners in writing of the terms of the notice of intent to acquire or complaint received by the landlord.
(II) If a landlord wants to change the use of a mobile home park, and the change of use has been approved by the local or state authority or does not require approval, and the change of use would result in the eviction of inhabited mobile homes, the landlord shall give the owner of each mobile home that is subject to the eviction a written notice of the landlord's intent to evict not less than twelve months before the change of use of the land, which notice must be mailed to each home owner. The notice must advise the home owner of the home owner's right to compensation pursuant to subsection (3) of this section.
(e) The making or causing to be made, with knowledge, of materially false or misleading statements on an application for tenancy;
(f) Conduct of the home owner or any lessee of the home owner or any guest, agent, invitee, or associate of the home owner or lessee of the home owner that:
(I) Occurs on the mobile home park premises and unreasonably endangers the life of the landlord, any home owner or lessee of the mobile home park, any person living in the park, or any guest, agent, invitee, or associate of the home owner or lessee of the home owner;
(II) Occurs on the mobile home park premises and constitutes willful, wanton, or malicious damage to or destruction of property of the landlord, any home owner or lessee of the mobile home park, any person living in the park, or any guest, agent, invitee, or associate of the home owner or lessee of the home owner;
(III) Occurs on the mobile home park premises, materially harms or threatens real or personal property or the health, safety, or welfare of one or more individuals or animals, including pet animals, as defined in section 35-80-102 (10), and constitutes a felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18; or
(IV) Was the basis for an action that declared the mobile home or any of its contents a class 1 public nuisance under section 16-13-303.
(2) In an action pursuant to this part 2, the landlord shall have the burden of proving that the landlord complied with the relevant notice requirements and that the landlord provided the home owner with a statement of reasons for the termination. In addition to any other defenses a home owner may have, it shall be a defense that the landlord's allegations are false or that the reasons for termination are invalid.
(3) A landlord shall not make any oral or written statement threatening eviction for a violation or action that is not grounds for terminating a tenancy under subsection (1) of this section. A home owner may file a complaint pursuant to section 38-12-1105 or a civil action pursuant to section 38-12-220 for a violation of this subsection (3). If the court determines that the landlord violated this subsection (3), the court shall award a statutory penalty of up to twenty thousand dollars to the plaintiff in addition to any other remedies authorized by section 38-12-220.
Source: L. 73: p. 642, � 1. C.R.S. 1963: � 58-2-3. L. 79: (1)(d) amended, p. 1386, � 3, effective July 1. L. 81: (1)(c) amended, p. 1814, � 4, effective June 9. L. 84: (1)(c) amended, p. 976, � 1, effective July 1. L. 87: (1)(a), (1)(b), (1)(c), (1)(d), and (2) amended, p. 1311, � 4, effective May 8. L. 94: (1)(f) added, p. 703, � 2, effective April 19. L. 96: IP(1), (1)(a), (1)(c), and (2) amended, p. 671, � 3, effective July 1. L. 2010: (1)(c) and (1)(d) amended, (SB 10-156), ch. 343, p. 1586, � 4, effective July 1. L. 2020: IP(1), (1)(a), (1)(c), (1)(d)(II), (1)(e), (1)(f)(III), and (1)(f)(IV) amended and (1)(b) repealed, (HB 20-1196), ch. 195, p. 914, � 3, effective June 30. L. 2022: (1)(d)(II) amended and (3) added, (HB 22-1287), ch. 255, p. 1857, � 5, effective October 1. L. 2024: IP(1)(c) amended, (HB 24-1294), ch. 399, p. 2732, � 2, effective June 30.
38-12-203.5. Change in use of the park - remedies for home owners - definitions. (1) As used in this section, unless the context otherwise requires:
(a) In-place fair market value means the fair market value of the mobile home and any attached appurtenances and structures on the lot owned by the home owner such as porches, decks, skirting, awnings, and sheds, taking into account the actual cost of all improvements made to the mobile home by the home owner. Fair market value is determined based on the value of the mobile home in its current location prior to the decision to change the use of the park.
(b) Relocation costs includes:
(I) Any reasonable costs incurred to move the mobile home, furniture, and personal belongings therein to a replacement site;
(II) The reasonable cost of disassembling, moving, and reassembling any attached appurtenances and structures on the lot owned by the home owner such as porches, decks, skirting, awnings, and sheds, which were not acquired by the landlord;
(III) The costs of anchoring the unit;
(IV) The costs of connecting or disconnecting the mobile home to utilities;
(V) Insurance coverage during transport; and
(VI) The cost to disassemble and reinstall any accessibility improvements such as wheelchair ramps, lifts, and grab bars.
(2) If a landlord intends to change the use of the land comprising a mobile home park or part of a mobile home park or the mobile home park is condemned for reasons that are the responsibility of the park owner and the change in use or condemnation would result in the displacement of one or more mobile homes in the park, for each displaced mobile home, the landlord shall provide the home owner or home owners one of the following at the home owner's or home owners' choosing within thirty days of receiving a written demand by the home owner or home owners:
(a) Payment of relocation costs to relocate the mobile home to a location of the home owner's choosing within one hundred miles by road of the park. Relocation costs are determined based on the lowest estimate obtained by the home owner from a mobile home mover. The landlord may request a copy of the estimate to support the request for payment of relocation costs. If the home owner exercises this option, the home owner must actually relocate the mobile home and all personal belongings in accordance with the estimate used to determine relocation costs prior to the date of the change in use set forth in the notice required by section 38-12-203 (1)(d)(II). The home owner is responsible for additional mileage costs to move the mobile home to a location more than one hundred miles from the park.
(b) Submission of a binding offer to purchase the mobile home for the greater of:
(I) Seven thousand five hundred dollars for a single-section mobile home or ten thousand dollars for a multi-section mobile home; or
(II) One hundred percent of the in-place fair market value as determined through the appraisal process set forth in this subsection (2)(b)(II). Within thirty days of submitting the offer, the landlord shall hire a licensed, certified residential, or certified general appraiser from the active appraisers list published by the division of real estate in the department of regulatory agencies to conduct the appraisal. If the home owner disputes the appraised value of the mobile home, the home owner may hire a licensed, certified residential, or certified general appraiser from the active appraisers list to obtain a second appraisal at the home owner's expense. To be considered, the home owner must obtain the appraisal within sixty days of receipt of the landlord's appraisal. The results of all appraisals shall be provided in writing by the appraiser to both landlord and home owner. If a second appraisal is obtained, the home owner is entitled to the average of the appraisals obtained by the landlord and the home owner. If the home owner is not satisfied with the appraisal or appraisals received, the home owner may submit a request for payment of relocation costs as set forth in subsection (2)(a) of this section. If the home owner exercises the option for purchase under this subsection (2)(b)(II), the sale closing must occur prior to the date of the change in use set forth in the notice provided pursuant to section 38-12-203 (1)(d)(II).
(3) If an appraiser conducting an appraisal pursuant to subsection (2)(b)(II) of this section identifies lack of maintenance, deferred maintenance, or deterioration of the mobile home park beyond normal wear and tear that negatively affects the value of a mobile home, the appraiser shall determine the value of the home with an upward adjustment in value if necessary to eliminate the negative effect in value caused by the lack of maintenance, deferred maintenance, or deterioration of the park beyond normal wear and tear.
(4) On July 1, 2024, and on July 1 of each year thereafter, the department shall adjust the amount specified in subsection (2)(b)(I) of this section in accordance with the percentage change for the previous twelve months at the time of the calculation in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The department shall publish the adjusted amount on the department's website.
(5) A home owner is entitled to the remedies provided under this section only if the home owner has not given notice to terminate the home owner's lease or rental agreement as of the date of the notice of the change in use.
(6) Any agreement made with a home owner to waive any rights under this section is invalid and ineffective for any purpose.
Source: L. 2022: Entire section added, (HB 22-1287), ch. 255, p. 1857, � 6, effective October 1. L. 2024: IP(2) amended, (HB 24-1294), ch. 399, p. 2732, � 3, effective June 30.
38-12-204. Nonpayment of rent - notice required for rent increase - limitation on rent increases - definition. (1) Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the home owner provided pursuant to section 38-12-212.9 requiring, in the alternative, payment of rent or the removal of the home owner's unit from the premises, within a period of not less than ten days after the date notice is served or posted, for failure to pay rent when due.
(2) Rent shall not be increased without sixty days' written notice to the home owner provided pursuant to section 38-12-212.9. In addition to the amount and the effective date of the rent increase, such written notice shall include the name, address, and telephone number of the mobile home park management, if such management is a principal owner, or owner of the mobile home park and, if the owner is other than a natural person, the name, address, and telephone number of the owner's chief executive officer or managing partner; except that such ownership information need not be given if it was disclosed in the rental agreement made pursuant to section 38-12-213.
(3) A landlord shall not increase rent more than one time in any twelve-month period of consecutive occupancy by the tenant, regardless of:
(a) Whether there is a written rental agreement for the tenancy;
(b) The length of the tenancy; and
(c) Whether the tenant's rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term.
(4) A landlord shall not increase rent on a resident of a mobile home park lot or issue a notice of rent increase if the park:
(a) Does not have a current, active registration filed with the division of housing in accordance with section 38-12-1106;
(b) Has any unpaid penalties owed to the division of housing;
(c) (I) Has not fully complied with any government order.
(II) As used in subsection (4)(c)(I) of this section, government order means any final federal, state, or local administrative order or judicial order.
(d) Has failed to comply with a provision of section 25-8-1003 (2) and the applicable deadline to comply with the provision has passed.
(e) Has been found by the division in a final agency order or by a court, within the twelve months prior to the final agency or court order, to have failed to comply with a landlord's responsibilities pursuant to section 38-12-212.3. This subsection (4)(e) shall not apply to a negotiated settlement that precedes a final agency or court order.
(5) A notice of a rent increase issued in violation of this section is invalid and has no force and effect.
Source: L. 73: p. 642, � 1. C.R.S. 1963: � 58-2-4. L. 77: Entire section amended, p. 1708, � 1, effective July 7. L. 85: Entire section amended, p. 1199, � 1, effective July 1. L. 87: Entire section amended, p. 1312, � 5, effective May 8. L. 2019: (1) amended, (HB 19-1309), ch. 281, p. 2629, � 6, effective May 23. L. 2021: (3) added, (HB 21-1121), ch. 348, p. 2260, � 3, effective June 25. L. 2022: (4) and (5) added, (HB 22-1287), ch. 255, p. 1859, � 7, effective October 1. L. 2023: IP(4), (4)(b), and (4)(c) amended and (4)(d) added, (HB 23-1257), ch. 376, p. 2258, � 7, effective June 5. L. 2024: (1), (2), IP(4), and (4)(c) amended and (4)(e) added, (HB 24-1294), ch. 399, p. 2732, � 4, effective June 30.
Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.