(1) Except as otherwise provided in this part 2 or part 11 or 14 of this article 12, a landlord shall provide any notice, disclosure, or other communication that a landlord is required to provide to a resident pursuant to this part 2 or part 11 or 14 of this article 12, in English and Spanish. At any time, a resident may request that a landlord provide a notice, disclosure, or other communication in one additional language, other than English or Spanish, spoken by the resident. If a landlord receives a request to provide a notice, disclosure, or communication in one additional language other than English or Spanish, the landlord shall provide any subsequent notices, disclosures, or communications required pursuant to this part 2 or part 11 or 14 of this article 12 to the resident in the requested language. A landlord may provide a translation pursuant to this section virtually or through the use of an online translation program, including programs that may be published by the division, so long as the translated written notice, disclosure, or communication satisfies all applicable legal requirements.
(2) At any time, a resident may request that a landlord provide a written notice, disclosure, or other communication verbally in English one time to the resident in addition to providing the resident with a written notice, disclosure, or other communication. If the landlord receives a request to provide a notice, disclosure, or other communication verbally, the landlord shall read the notice, disclosure, or other communication aloud to the resident within seventy-two hours of the resident making the request. To satisfy the requirement of this subsection (2), a landlord may also provide an audio or video recording of the notice, disclosure, or other communication being read aloud.
(3) A landlord shall ensure that any notice, disclosure, or other communication required pursuant to this part 2 or part 11 or 14 of this article 12 is written in clear and plain language and includes all information reasonably necessary for the resident to understand the resident's rights and responsibilities. A translated notice, disclosure, or other communication must accurately convey the meaning of the original English notice, disclosure, or other communication. Each notice, disclosure, or other communication, regardless of the language, must be clear and unambiguous to ensure that it is easily understood by all park residents. A landlord shall make reasonable efforts to provide a notice, disclosure, or other communication in the simplest language practicable to convey the required message.
(4) A resident may respond in English or Spanish to any notice, disclosure, or other communication provided by a landlord. A resident who has requested that a landlord provide a notice, disclosure, or other communication in a language other than English or Spanish may respond to the notice, disclosure, or other communication in the requested language.
(5) A resident may request that a landlord provide an interpreter in one language in addition to English and Spanish that the resident uses for any non-written notice, disclosure, or other communication with residents, including in a meeting required pursuant to section 38-12-206. A landlord shall provide an interpreter in the requested language and may provide the interpretation in person or virtually through an interpretation service, including a virtual or remote language line that provides live interpretation by a trained interpreter. Non-written language includes American sign language.
Source: L. 2024: Entire section added, (HB 24-1294), ch. 399, p. 2737, � 11, effective June 30.
38-12-213. Rental agreement - disclosure of terms in writing - prohibited provisions. (1) The management shall adequately disclose the terms and conditions of a tenancy in writing in a rental agreement in English, or upon request in both English and Spanish, to any prospective home owner before the rental or occupancy of a mobile home space or lot. The disclosures must include:
(a) The term of the tenancy and the amount of rent therefor, subject to the requirements of subsection (4) of this section;
(b) The day rental payment is due and payable;
(c) The day when unpaid rent is considered in default for the purpose of establishing a late fee, which day may not be less than ten calendar days after the day rent is due and payable;
(d) The rules and regulations of the park then in effect;
(e) The name and mailing address where a manager's decision can be appealed; and
(f) All charges to the home owner other than rent, including late fees.
(2) Said rental agreement shall be signed by both the management and the home owner, and each party shall receive a copy thereof.
(3) The management and the home owner may include in a rental agreement terms and conditions not prohibited by this part 2.
(4) The terms of tenancy shall be specified in a written rental agreement subject to the following conditions:
(a) The standard rental agreement shall be for a month-to-month tenancy.
(b) Upon written request by the home owner to the landlord, the landlord shall allow a rental agreement for a fixed tenancy of not less than one year if the home owner is current on all rent payments and is not in violation of the terms of the then-current rental agreement; except that an initial rental agreement for a fixed tenancy may be for less than one year in order to ensure conformity with a standard anniversary date. A landlord shall not evict or otherwise penalize a home owner for requesting a rental agreement for a fixed period.
(c) A landlord may, in the landlord's discretion, allow a lease for a fixed period of longer than one year. In such circumstances, the requirements of paragraphs (a) and (b) of this subsection (4) shall not apply.
(5) A rental agreement shall not include any provision:
(a) By which a home owner waives any rights created by this part 2 or part 11 of this article 12;
(b) That requires a home owner to agree to a possessory lien;
(b.5) That requires a home owner to waive the opportunity to purchase the park allowed under section 38-12-217;
(c) That binds a home owner to arbitration in lieu of a civil trial; or
(d) That authorizes a third person to confess judgment on a claim that arises from the rental agreement, this part 2, or part 11 of this article 12.
(6) Any provision of a rental agreement that is prohibited by subsection (5) of this section is against public policy, unenforceable, and void.
(7) It is a violation of this part 2 for the management to require a home owner to sign a new lease or agreement in violation of this section or to mislead a home owner about the home owner's obligation to sign a new lease or agreement.
Source: L. 81: Entire section added, p. 1815, � 9, effective June 9. L. 87: IP(1), (1)(f), (2), and (3) amended, p. 1314, � 12, effective May 8. L. 2005: (1)(a) amended and (4) added, p. 109, � 2, effective August 8. L. 2020: (5) and (6) added, (HB 20-1196), ch. 195, p. 924, � 12, effective June 30. L. 2021: (6) amended, (SB 21-266), ch. 423, p. 2806, � 37, effective July 2; IP(1), (1)(c), (1)(e), and (1)(f) amended, (SB 21-173), ch. 349, p. 2268, � 10, effective October 1. L. 2022: IP(5) amended and (5)(b.5) and (7) added, (HB 22-1287), ch. 255, p. 1863, � 14, effective October 1. L. 2024: IP(1) amended, (HB 24-1294), ch. 399, p. 2738, � 12, effective June 30.