Title 38, Property - Real and Personal

(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 shed…

(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 p…

(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…

If a resident is a defendant in a forcible entry and detainer complaint filed in either county or district court, and the resident has also submitted a pending complaint through the "Mobile Home Park Act Dispute Resolution and Enforcement Program", created in section 38-12-1104, …

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 …

(1) Home owners shall have the right to meet and establish a homeowners' association. Meetings of home owners or the homeowners' association relating to mobile home living and affairs in their park common area, community hall, or recreation hall, if such a facility or similar fac…

(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…

(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…

(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…

(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…

(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 …

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…

(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…

(1) If the management charges home owners or residents individually for water usage in the park, then, on or before January 31 of each year, the management shall provide to each home owner and resident and post in both English and Spanish in a clearly visible location in at least…

(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…

(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…

(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…

(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…

(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…

(1) The management of a new mobile home park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile home …

(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…

(1) Except as specified in subsection (12) of this section: (a) (I) A landlord shall provide notice of the landlord's intent to sell the park within fourteen days of a triggering event demonstrating the landlord's intent to sell. The notice must be given in accordance with the re…

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…

(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…

(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…

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 …

(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…

(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…

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…

(1) The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential …

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 ru…

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 …

(1) A landlord shall not include in a residential rental agreement or lease agreement for housing a provision authorizing the landlord to terminate the agreement, or to impose a penalty on or take any adverse action against a tenant, for calls made by the tenant for peace officer…

(1) The general assembly hereby finds and declares that the provisions of this part 5 are a matter of statewide concern. Any local government ordinance, resolution, or other regulation that is in conflict with this part 5 shall be unenforceable. (2) The underlying purposes and po…

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…

(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…

(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…

(1) A residential premises is deemed uninhabitable if: (a) There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the te…

(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…

(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…

(1) It is a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from remedying or repairing the condition underlying the breach of the warranty of habitability. For a landlord to prevail on such defen…

(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…

(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…

(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, …

(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…

(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…