Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-12-1001 Definitions
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As used in this part 10, unless the context otherwise requires: (1) Bed bug means the common bed bug, or cimex lectularius. (2) Bed bug detection team means a scent detection canine team that holds a current, independent, third-party certification in accordance with the guideline…
Colo. Rev. Stat. § 38-12-1002 Bed bugs - notification to landlord - landlord duties
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(1) A tenant shall promptly notify the tenant's landlord via written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant who gives a landlord electronic notice of a condition shall send such notice only to …
Colo. Rev. Stat. § 38-12-1003 Bed bugs - inspections - treatments - costs
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(1) If a landlord obtains an inspection for bed bugs, the landlord must provide written notice to the tenant within two business days after the inspection indicating whether the dwelling unit contains bed bugs. (2) If a qualified inspector conducting an inspection determines that…
Colo. Rev. Stat. § 38-12-1005 Bed bugs - renting of dwelling units with bed bugs prohibited
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A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the lan…
Colo. Rev. Stat. § 38-12-1006 Remedies - liability
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(1) A landlord who fails to comply with this part 10 is liable to the tenant for the tenant's actual damages. (2) A landlord may apply to a court of competent jurisdiction to obtain injunctive relief against a tenant who: (a) Refuses to provide reasonable access to a dwelling uni…
Colo. Rev. Stat. § 38-12-1007 Relationship to warranty of habitability
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Notwithstanding any provision of part 5 of this article 12 to the contrary, a landlord who complies with this part 10 is deemed to have satisfied the requirements of said part 5 with respect to matters concerning bed bugs. Source: L. 2019: Entire part added, (HB 19-1328), ch. 426…
Colo. Rev. Stat. § 38-12-101 Legislative declaration
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This part 1 shall be liberally construed to implement the intent of the general assembly to ensure the proper administration of security deposits and late fees and protect the interests of tenants, mobile home owners, and landlords. Source: L. 71: p. 592, � 1. C.R.S. 1963: � 58-1…
Colo. Rev. Stat. § 38-12-102 Definitions
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As used in this part 1, unless the context otherwise requires: (1) Home owner has the meaning set forth in section 38-12-201.5 (2). (2) Landlord means a landlord, as defined in section 38-12-502 (5), or the management or landlord of a mobile home park, as defined in section 38-12…
Colo. Rev. Stat. § 38-12-102.5 Security deposits - maximum amount
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On and after August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement. Source: L. 2023: Entire section added, (SB 23-184), ch. 402, p. 2413, � 5, effective Augus…
Colo. Rev. Stat. § 38-12-103 Return of security deposit
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(1) [Editor's note: This version of subsection (1) is effective until January 1, 2026.] A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited…
Colo. Rev. Stat. § 38-12-1101 Short title
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The short title of this part 11 is the Mobile Home Park Act Dispute Resolution and Enforcement Program. Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2631, � 9, effective May 23.
Colo. Rev. Stat. § 38-12-1102 Legislative declaration
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(1) The general assembly hereby finds and declares that: (a) There are factors unique to the relationship between mobile home owners and mobile home park landlords; (b) Once occupancy has commenced, a mobile home owner may be subject to violations of the Mobile Home Park Act, par…
Colo. Rev. Stat. § 38-12-1103 Definitions
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As used in this part 11, unless the context otherwise requires: (1) Act means the Mobile Home Park Act created in part 2 of this article 12. (2) (a) Complainant means a landlord, home owner, or group of home owners who has filed a complaint alleging a violation of the act, this p…
Colo. Rev. Stat. § 38-12-1105 Dispute resolution program - complaint process
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(1) Any aggrieved party may file a complaint with the division on a form prescribed by the division alleging a violation of the act, this part 11, or a rule, regardless of whether the provision allegedly violated contains a specific reference to this section. (2) After receiving …
Colo. Rev. Stat. § 38-12-1106 Registration of mobile home parks - process - fees
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(1) The division shall register all mobile home parks on an individual basis and renew this registration annually. (2) The division shall send registration notifications and information packets to all known landlords of unregistered mobile home parks. These information packets mu…
Colo. Rev. Stat. § 38-12-1107 Registration information database
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By February 1, 2020, the division shall create and maintain a database that includes all of the information collected under section 38-12-1106. Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2638, � 9, effective May 23.
Colo. Rev. Stat. § 38-12-1108 Mobile home park complaint and water issue database
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(1) The division shall also create and maintain a database of mobile home parks that have had complaints filed against them under the program or that have an unremediated water quality issue as determined pursuant to part 10 of article 8 of title 25. (2) At a minimum, the databas…
Colo. Rev. Stat. § 38-12-1201 Short title
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The short title of this part 12 is the Immigrant Tenant Protection Act. Source: L. 2020: Entire part added, (SB 20-224), ch. 187, p. 856, � 1, effective June 30.
Colo. Rev. Stat. § 38-12-1202 Definitions
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As used in this part 12, unless the context otherwise requires: (1) Dwelling unit means a structure or the part of a structure that is used as a home, residence, or sleeping place by a tenant. Dwelling unit includes a mobile home, as defined in section 38-12-201.5 (2). (2) Immigr…
Colo. Rev. Stat. § 38-12-1204 Authorized conduct
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(1) Section 38-12-1203 does not prohibit a landlord from: (a) Complying with any legal obligation under: (I) Federal, state, or local law, including any legal obligation under a government program or pursuant to a condition of government funding, if the government program or gove…
Colo. Rev. Stat. § 38-12-1205 Remedies
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(1) If a landlord engages in prohibited conduct described in section 38-12-1203 against a tenant, the tenant may bring a civil action to seek any one or more of the following remedies: (a) Compensatory damages for injury or loss suffered; (b) A civil penalty in an amount not to e…
Colo. Rev. Stat. § 38-12-1301 Definitions
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As used in this part 13, unless the context otherwise requires: (1) Accessory dwelling unit has the meaning set forth in section 38-12-801 (7)(a). (2) Cause means a circumstance described in section 38-12-1303 (2). (3) Dwelling unit has the meaning set forth in section 38-12-502 …
Colo. Rev. Stat. § 38-12-1302 Applicability
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(1) This part 13 applies to every residential premises in the state; except that this part 13 does not apply to: (a) A short-term rental property; (b) A dwelling unit or other portion of a residential premises if the owner or master tenant lives in and maintains the residential p…
Colo. Rev. Stat. § 38-12-1303 Cause for eviction required - no-fault evictions
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(1) A landlord shall not serve a notice to terminate tenancy or a demand for possession or otherwise proceed with an action for unlawful detainer pursuant to article 40 of title 13 unless there is cause for the eviction. (2) For the purposes of subsection (1) of this section, cau…
Colo. Rev. Stat. § 38-12-1304 Violations - remedies
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If a landlord proceeds with an eviction of a tenant of a residential premises in violation of this part 13, and the tenant loses possession of the dwelling unit without a court order, the tenant may seek relief as described in section 38-12-510. Source: L. 2024: Entire part added…
Colo. Rev. Stat. § 38-12-1305 No waiver of requirements by agreement
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A provision of a rental agreement or other agreement that purports to authorize or effectuate a waiver or modification of any provision of this part 13 is void and unenforceable. Source: L. 2024: Entire part added, (HB 24-1098), ch. 113, p. 360, � 2, effective April 19.
Colo. Rev. Stat. § 38-12-1306 Affirmative defense
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If a landlord fails to comply with this part 13, a tenant may assert the landlord's failure as an affirmative defense for a tenant to an eviction proceeding. If a tenant asserts such an affirmative defense, and the landlord cannot demonstrate by a preponderance of the evidence th…
Colo. Rev. Stat. § 38-12-1307 Retaliatory rent increase prohibited
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A landlord shall not increase a tenant's rent in a discriminatory, retaliatory, or unconscionable manner to circumvent the requirements and prohibitions set forth in this part 13. Source: L. 2024: Entire part added, (HB 24-1098), ch. 113, p. 360, � 2, effective April 19.
Colo. Rev. Stat. § 38-12-1400.3 Definitions
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As used in this part 14, unless the context otherwise requires: (1) Purchase payment means any kind of payment that is credited to the purchaser toward the purchase price of a mobile home, regardless of how the payment is denominated. (2) Rent-to-own contract means any rent-to-ow…
Colo. Rev. Stat. § 38-12-1401 Mobile home rent-to-own contracts - general provisions
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(1) Repealed. (2) This part 14 applies only to a rent-to-own contract for a mobile home located in a mobile home park and when the seller of the mobile home: (a) Is the landlord of the mobile home park; or (b) Owns more than one mobile home in Colorado. (3) The purchaser under a …
Colo. Rev. Stat. § 38-12-1403 Duties of the seller
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(1) For any rent-to-own contract, the seller of the mobile home shall: (a) Remain responsible for any repairs of conditions that could endanger the health or safety of a buyer, except for conditions caused by a buyer's gross negligence or willful conduct, until the purchaser beco…
Colo. Rev. Stat. § 38-12-1404 Concurrent mobile home leases
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(1) For a rent-to-own contract covered under this part 14, the seller must offer the purchaser a mobile home lease for a period equivalent to the period in which the purchaser has to complete the purchase of the mobile home. (2) For a rent-to-own contract when the seller is the o…
Colo. Rev. Stat. § 38-12-1405 Recordkeeping
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(1) For any rent-to-own contract, the seller of the mobile home shall maintain separate financial records for each rent-to-own contract. (2) The seller of the mobile home shall provide the purchaser with either an annual accounting related to the rent-to-own contract or a disclos…
Colo. Rev. Stat. § 38-12-1406 Sale of mobile home park
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A successor owner of a mobile home park is bound by the terms of any rent-to-own contract entered into by the prior owner of the park as of the date of the change in park ownership. A purchaser with a valid rent-to-own contract may, for any reason, terminate the rent-to-own contr…
Colo. Rev. Stat. § 38-12-1407 Unfounded or retaliatory evictions
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(1) For any rent-to-own contract, if the seller of the mobile home evicts or attempts to evict a purchaser for any wrongful or retaliatory reason or any reason unsupported by the provisions of sections 38-12-203 and 38-12-204, the purchaser is entitled to recover treble damages. …
Colo. Rev. Stat. § 38-12-1408 Rent-to-own contract - conclusion
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(1) For any rent-to-own contract, within ten days of receiving the final purchase payment, the seller must assign the title to the mobile home to the purchaser and provide the purchaser all documents in the seller's control necessary for the purchaser to transfer title to the mob…
Colo. Rev. Stat. § 38-12-1409 Supremacy clause
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Any provision of this part 14 is unenforceable to the extent that it conflicts with a federal law or federal regulation. Source: L. 2024: Entire part added, (HB 24-1294), ch. 399, p. 2750, � 18, effective June 30.
Colo. Rev. Stat. § 38-12-1501 Definitions
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As used in this part 15, unless the context otherwise requires: (1) Landlord means: (a) A landlord, as defined in section 38-12-502 (5); or (b) The management or landlord of a mobile home park, as defined in section 38-12-201.5 (3). (2) Tenant has the meaning set forth in section…
Colo. Rev. Stat. § 38-12-1502 Notice required before initiation of eviction proceeding
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(1) A landlord who initiates an eviction proceeding for nonpayment of rent against a tenant shall comply with the notice requirements set forth in 15 U.S.C. sec. 9058 (c), as enacted into law on March 27, 2020, notwithstanding any changes in federal law that may occur or may have…
Colo. Rev. Stat. § 38-12-200.1 Short title
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This part 2 shall be known and may be cited as the Mobile Home Park Act. Source: L. 85: Entire section added, p. 1198, � 1, effective June 6.
Colo. Rev. Stat. § 38-12-200.2 Legislative declaration
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The general assembly hereby declares that the purpose of this part 2 is to establish the relationship between the owner of a mobile home park, the owner of a mobile home situated in such park, and residents in the park. Source: L. 85: Entire section added, p. 1198, � 1, effective…
Colo. Rev. Stat. § 38-12-201 Application of part 2
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(1) This part 2 applies only to manufactured homes as defined in section 42-1-102 (48.8). (2) Repealed. Source: L. 73: p. 641, � 1. C.R.S. 1963: � 58-2-1. L. 75: (1) amended, p. 1467, � 10, effective July 18. L. 81: (1) amended and (2) repealed, pp. 1813, 1817, �� 1, 10, effectiv…
Colo. Rev. Stat. § 38-12-201.5 Definitions
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As used in this part 2 and in parts 11 and 14 of this article 12, unless the context otherwise requires: (1) Division means the division of housing in the department of local affairs. (1.5) Entry fee means any fee paid to or received from an owner of a mobile home park or an agen…
Colo. Rev. Stat. § 38-12-202 Tenancy - notice to terminate tenancy
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(1) (a) Tenancy or other lease or rental occupancy of space in a mobile home park may not commence without a written lease or rental agreement, and tenancy in a mobile home park shall not be terminated until a notice to terminate tenancy or notice of nonpayment of rent has been s…
Colo. Rev. Stat. § 38-12-202.5 Action for termination
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(1) The action for termination shall be commenced in the manner described in section 13-40-110, C.R.S. The property description shall be deemed legally sufficient and within the meaning of section 13-40-110, C.R.S., if it states: (a) The name of the landlord or the mobile home pa…
Colo. Rev. Stat. § 38-12-203 Reasons for termination
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(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 st…
Colo. Rev. Stat. § 38-12-204.3 Notice required for termination
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(1) Where the tenancy of a mobile home owner is being terminated under section 38-12-202 or section 38-12-204, the landlord or mobile home park owner shall provide such mobile home owner with written notice as provided for in subsection (2) of this section. Service of such notice…
Colo. Rev. Stat. § 38-12-205 Termination prohibited
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A tenancy or other estate at will or lease in a mobile home park may not be terminated solely for the purpose of making the home owner's space in the park available for another mobile home or trailer coach. Source: L. 73: p. 642, � 1. C.R.S. 1963: � 58-2-5. L. 87: Entire section …
Colo. Rev. Stat. § 38-12-207 Security deposits - legal process
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(1) The owner of a mobile home park or the owner's agents may charge a security deposit in an amount not greater than one month's rent. (2) Legal process, other than eviction, shall be used for the collection of utility charges and incidental service charges other than those prov…
Colo. Rev. Stat. § 38-12-208 Remedies
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(1) (a) Upon granting judgment for possession by the landlord in a forcible entry and detainer action, the court shall immediately issue a writ of restitution which the landlord shall take to the sheriff. In addition, if a money judgment has been requested in the complaint and if…