Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
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…
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…