Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-12-209 Entry fees prohibited
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(1) The owner of a mobile home park, or the agent of such owner, shall neither pay to nor receive from an owner or a seller of a mobile home an entry fee of any type as a condition of tenancy in a mobile home park. (2) to (4) Repealed. (5) A landlord shall not charge a resident o…
Colo. Rev. Stat. § 38-12-210 Closed parks prohibited
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(1) Neither the owner of a mobile home park nor the owner's agent may require as a condition of tenancy in a mobile home park that a prospective home owner has purchased a mobile home from any particular seller or from any one of a particular group of sellers. (2) Such owner or a…
Colo. Rev. Stat. § 38-12-211 Selling and transfer fees prohibited - for sale signs permitted
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(1) A landlord shall not require payment of any type of selling fee or transfer fee by a home owner in the park wishing to sell the home owner's mobile home to another party, a home owner wishing to remove the home owner's mobile home from the park, or any party wishing to buy a …
Colo. Rev. Stat. § 38-12-212 Certain types of landlord-seller agreements prohibited
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A seller of mobile homes shall not pay or offer cash or other consideration to the owner of a mobile home park or the park owner's agent for the purpose of reserving spaces or otherwise inducing acceptance of one or more mobile homes in a mobile home park. Source: L. 75: Entire s…
Colo. Rev. Stat. § 38-12-212.3 Responsibilities of landlord - acts prohibited
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(1) (a) Except as otherwise provided in this section: (I) In any rental agreement, the landlord is deemed to covenant, warrant, and maintain, throughout the period of the tenancy described in the rental agreement, premises that are safe, clean, fit for human habitation and reason…
Colo. Rev. Stat. § 38-12-212.5 Prohibition on retaliation and harassment - definition
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(1) The management shall not take retaliatory action against a home owner or resident who exercises any right conferred upon the home owner or resident by this part 2, part 11 of this article 12, or any other provision of law. (2) Except as described in subsection (3) of this sec…
Colo. Rev. Stat. § 38-12-212.7 Landlord utilities account
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(1) Whenever a landlord contracts with a utility for service to be provided to a resident, the usage of which is to be measured by a master meter or other composite measurement device, such landlord shall remit to the utility all moneys collected from each resident as payment for…
Colo. Rev. Stat. § 38-12-212.9 Language access requirements
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(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 Englis…
Colo. Rev. Stat. § 38-12-214 Rules and regulations - amendments - notice - complaints
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(1) The management shall adopt written rules and regulations concerning residents' or home owners' use and occupancy of the premises. The management shall provide a resident or home owner with a written copy of the adopted rules and regulations in English and Spanish. Except as o…
Colo. Rev. Stat. § 38-12-216 Mediation, when permitted - court actions
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(1) In any controversy between the management and a home owner of a mobile home park arising out of the provisions of this part 2, except for the nonpayment of rent or in cases in which the health or safety of other home owners is in imminent danger, such controversy may be submi…
Colo. Rev. Stat. § 38-12-218 Mobile home owners - right to form a cooperative
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One or more members of a homeowners' association may, at any time, form a cooperative for the purposes of offering to purchase or finance a mobile home park. A home owner shall be a member of the homeowners' association in order to participate in the cooperative, and participatio…
Colo. Rev. Stat. § 38-12-219 Home owners' and landlords' rights
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(1) Every home owner and landlord has a private right of action pursuant to section 38-12-203 or 38-12-220 to enforce the following: (a) Protection from abuse or disregard of state or local law by the landlord and home owners. Abuse or disregard of state or local law includes, bu…
Colo. Rev. Stat. § 38-12-220 Private civil right of action
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(1) A home owner, a resident, an association of home owners, or a landlord or the assignee of a home owner, a resident, an association of home owners, or a landlord may file a civil action alleging a violation of a rental agreement or of this article 12 or part 10 of article 8 of…
Colo. Rev. Stat. § 38-12-221 Access by counties and municipalities
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Notwithstanding any other provision of law, upon a finding that the utilities in a park create a significant health or safety danger to park residents, the landlord of a mobile home park shall grant county or municipal officers or employees access to the mobile home park for the …
Colo. Rev. Stat. § 38-12-222 Residents' right to privacy
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(1) (a) The management shall respect the privacy of home owners. Except as otherwise provided by law, the management has no right of entry to a mobile home: (I) Without first obtaining the written consent of the home owner; (II) As described in subsection (2) of this section; (II…
Colo. Rev. Stat. § 38-12-223 Tenancy and park sale records
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(1) A landlord shall retain records for each home owner and resident throughout the home owner's or resident's tenancy and for twelve months after the tenancy ends, including documentation of: (a) Each rental agreement signed by the home owner or resident and the current or previ…
Colo. Rev. Stat. § 38-12-224 Broadband internet service providers' access to property
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A provider may access and install any necessary broadband facilities to provide broadband service to any mobile home in a mobile home park pursuant to part 5 of article 27 of title 29. A property owner of a mobile home park is granted all rights afforded to a property owner in ac…
Colo. Rev. Stat. § 38-12-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Municipality means a city or town and, in addition, means a city or town incorporated prior to July 3, 1877, whether or not reorganized, and any city, town, or city and county which has chosen to adopt a home rule…
Colo. Rev. Stat. § 38-12-401 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Application assistant has the same meaning provided in section 24-30-2103 (4). (2) Domestic abuse has the same meaning as provided in section 13-14-101 (2). (3) Domestic violence means the conduct described in sec…
Colo. Rev. Stat. § 38-12-502 Definitions
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As used in this part 5 and part 8 of this article 12, unless the context otherwise requires: (1) Appliance means a refrigerator, range stove, oven, air conditioner, permanent cooling device, or portable cooling device that is included within a residential premises by a landlord. …
Colo. Rev. Stat. § 38-12-503 Warranty of habitability - notice - landlord obligations
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(1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation at the inception of the tenant's occupancy and that the landlord will maintain the residential premises as fit for human habitation throughout the entire per…
Colo. Rev. Stat. § 38-12-504 Tenant's maintenance of premises
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(1) In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasona…
Colo. Rev. Stat. § 38-12-506 Exception for certain single-family residences
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(1) For a single-family residence premises for which a landlord does not receive a subsidy from any governmental source, a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling necessary to comply w…
Colo. Rev. Stat. § 38-12-507 Breach of warranty of habitability - tenant's remedies
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(1) If there is a breach of the warranty of habitability as set forth in section 38-12-503, a tenant may exercise one or more of the following remedies: (a) (I) A tenant may terminate a rental agreement without any liability or financial penalty to the tenant if the condition tha…
Colo. Rev. Stat. § 38-12-509 Prohibition on retaliation
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(1) (a) A landlord shall not retaliate against a tenant by engaging in any of the activities specified in subsection (1)(b) of this section in response to the tenant: (I) Having made a good faith complaint to the landlord, to a nonprofit organization or third party, or to a gover…
Colo. Rev. Stat. § 38-12-510 Unlawful removal or exclusion
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(1) It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article 18.5 of title 25 and the rules promulgated by the state board of health for the cleanup of an illega…
Colo. Rev. Stat. § 38-12-511 Application
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(1) Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements: (a) Residence at a public or private institution, if such residence is incidental to detention or the provision of medical, geriatric, education, counseling, religious, …
Colo. Rev. Stat. § 38-12-512 Enforcement by the attorney general - district court - penalties
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(1) (a) In accordance with section 24-31-115 (1), the attorney general may commence a civil action in any district court of appropriate jurisdiction against any person that has committed or is engaging in a pattern or practice of violations of this part 5. (b) The attorney genera…
Colo. Rev. Stat. § 38-12-513 Receivership of residential housing - definition
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(1) The purpose of this section is to establish a receivership mechanism that will be available as a remedy for violations of applicable laws and regulations by the landlord of multifamily residential property. The duties of a receiver are to achieve the purposes of this part 5 p…
Colo. Rev. Stat. § 38-12-701 Notice of rent increase
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(1) Notwithstanding any other law, in a nonresidential tenancy of one month or longer but less than six months in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least twenty-one days' notice to the tenant. (2) (a…
Colo. Rev. Stat. § 38-12-702 Limit on frequency of residential rent increases
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(1) In residential tenancies, 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 th…
Colo. Rev. Stat. § 38-12-802 Tenant payment - receipts
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Upon receiving any payment made in person by a tenant with cash or a money order, a landlord shall contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment. If the landlord receives a payment that is not delivered in person…
Colo. Rev. Stat. § 38-12-803 Disclosure - elevated radon - definition
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(1) A tenant that rents residential real property has the right to be informed of whether the property has been tested for elevated levels of radon. (2) (a) Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the t…
Colo. Rev. Stat. § 38-12-901 Short title
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The short title of this part 9 is the Rental Application Fairness Act. Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 581, � 1, effective August 2.
Colo. Rev. Stat. § 38-12-902 Definitions
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As used in this part 9, unless the context otherwise requires: (1) Amount of income means a tenant's or prospective tenant's income from salaries, wages, commissions, payments received as an independent contractor, bonuses, or a housing subsidy or derived from any other public or…
Colo. Rev. Stat. § 38-12-903 Rental application fee - limitations
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(1) A landlord shall not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. The landlord's costs may be based on: (a) The actual expense the landlord incurs…