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Colorado

Welcome to the space here at Underground Landlord for rental laws from the great state of Colorado. Enjoy your time here and research what you need!

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List of Counties in the Great State of Colorado!

  • Adams County, CO

  • Alamosa County, CO

  • Arapahoe County, CO

  • Baca County, CO

  • Bent County, CO

  • Boulder County, CO

  • Chaffee County, CO

  • Cheyenne County, CO

  • Clear Creek County, CO

  • Conejos County, CO

  • Costilla County, CO

  • Crowley County, CO

  • Custer County, CO

  • Delta County, CO

  • Denver County, CO

  • Dolores County, CO

  • Douglas County, CO

  • Eagle County, CO

  • El Paso County, CO

  • Elbert County, CO

  • Fremont County, CO

  • Garfield County, CO

  • Gilpin County, CO

  • Grand County, CO

  • Gunnison County, CO

  • Hinsdale County, CO

  • Huerfano County, CO

  • Jackson County, CO

  • Jefferson County, CO

  • Kiowa County, CO

  • Kit Carson County, CO

  • La Plata County, CO

  • Lake County, CO

  • Larimer County, CO

  • Las Animas County, CO

  • Lincoln County, CO

  • Logan County, CO

  • Mesa County, CO

  • Mineral County, CO

  • Moffat County, CO

  • Montezuma County, CO

  • Montrose County, CO

  • Morgan County, CO

  • Otero County, CO

  • Ouray County, CO

  • Park County, CO

  • Phillips County, CO

  • Pitkins County, CO

  • Prowers County, CO

  • Pueblo County, CO

  • Rio Blanco County, CO

  • Rio Grande County, CO

  • Routt County, CO

  • Saguache County, CO

  • San Juan County, CO

  • San Miguel County, CO

  • Sedgwick County, CO

  • Summit County, CO

  • Teller County, CO

  • Washington County, CO

  • Weld County, CO

  • Yuma County, CO

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Article 12. Tenants and Landlords

  • Part 1. Security Deposits--Wrongful Withholding

    • Section 38-12-101 - Legislative declaration

    • Section 38-12-102 - Definitions

    • Section 38-12-103 - Return of security deposit

    • Section 38-12-104 - Return of security deposit - hazardous condition - gas appliance

    • Section 38-12-105 - Late fees charged to tenants and mobile homeowners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice

  • Part 2. Mobile Home Park Act

    • Section 38-12-200.1 - Short title

    • Section 38-12-200.2 - [Effective Until10/1/2022] Legislative declaration

    • Section 38-12-200.2 - [Effective10/1/2022] Legislative declaration

    • Section 38-12-201 - Application of part 2

    • Section 38-12-201.3 - Legislative declaration - increased availability of mobile home parks

    • Section 38-12-201.5 - [Effective Until10/1/2022] Definitions

    • Section 38-12-201.5 - [Effective10/1/2022] Definitions

    • Section 38-12-202 - [Effective Until10/1/2022] Tenancy - notice to quit

    • Section 38-12-202 - [Effective10/1/2022] Tenancy - notice to quit

    • Section 38-12-202.5 - Action for termination

    • Section 38-12-203 - [Effective Until10/1/2022] Reasons for termination

    • Section 38-12-203 - [Effective10/1/2022] Reasons for termination

    • Section 38-12-203.5 - [Effective10/1/2022] Change in use of the park - remedies for homeowners - definitions

    • Section 38-12-204 - [Effective Until10/1/2022] Nonpayment of rent - notice required for rent increase

    • Section 38-12-204 - [Effective10/1/2022] Nonpayment of rent - notice required for rent increase - limitation on rent increases - repeal

    • Section 38-12-204.3 - Notice required for termination

    • Section 38-12-205 - Termination prohibited

    • Section 38-12-206 - [Effective Until10/1/2022] Homeowner meetings - assembly in common areas

    • Section 38-12-206 - [Effective10/1/2022] Homeowner meetings - assembly in common areas - meeting hosted by landlord

    • Section 38-12-207 - Security deposits - legal process

    • Section 38-12-208 - Remedies

    • Section 38-12-209 - [Effective Until10/1/2022] Entry fees prohibited - security deposit - court costs

    • Section 38-12-209 - [Effective10/1/2022] Entry fees prohibited - security deposit

    • Section 38-12-210 - Closed parks prohibited

    • Section 38-12-211 - [Effective Until10/1/2022] Selling fees prohibited - "for sale" signs permitted

    • Section 38-12-211 - [Effective10/1/2022] Selling and transfer fees prohibited - "for sale" signs permitted

    • Section 38-12-212 - Certain types of landlord-seller agreements prohibited

    • Section 38-12-212.3 - [Effective Until10/1/2022] Responsibilities of landlord - acts prohibited

    • Section 38-12-212.3 - [Effective10/1/2022] Responsibilities of landlord - acts prohibited

    • Section 38-12-212.4 - [Effective Until10/1/2022] Required disclosure and notice of water usage and billing - responsibility for leaks

    • Section 38-12-212.4 - [Effective10/1/2022] Required disclosure and notice of water usage and billing - responsibility for leaks

    • Section 38-12-212.5 - [Effective Until10/1/2022] Prohibition on retaliation

    • Section 38-12-212.5 - [Effective10/1/2022] Prohibition on retaliation and harassment

    • Section 38-12-212.7 - Landlord utilities account

    • Section 38-12-213 - [Effective Until10/1/2022] Rental agreement - disclosure of terms in writing - prohibited provisions

    • Section 38-12-213 - [Effective10/1/2022] Rental agreement - disclosure of terms in writing - prohibited provisions

    • Section 38-12-214 - [Effective Until10/1/2022] Rules and regulations - amendments - notice - complaints

    • Section 38-12-214 - [Effective10/1/2022] Rules and regulations - amendments - notice - complaints

    • Section 38-12-215 - New developments and parks - rental of sites to dealers authorized

    • Section 38-12-216 - Mediation, when permitted - court actions

    • Section 38-12-217 - [Effective Until10/1/2022] Notice of change of use - notice of sale or closure of park - opportunity for homeowners to purchase - procedures - exemptions

    • Section 38-12-217 - [Effective10/1/2022] Notice of change of use - notice of sale or closure of park - opportunity for homeowners to purchase - procedures - exemptions - enforcement - private right of action - definition

    • Section 38-12-218 - Mobile homeowners - right to form a cooperative

    • Section 38-12-219 - [Effective Until10/1/2022] Home owners' and landlords' rights

    • Section 38-12-219 - [Effective10/1/2022] Home owners' and landlords' rights

    • Section 38-12-220 - [Effective Until10/1/2022] Private civil right of action

    • Section 38-12-220 - [Effective10/1/2022] Private civil right of action

    • Section 38-12-221 - Access by counties and municipalities

    • Section 38-12-222 - [Effective Until10/1/2022] Home owners' right to privacy

    • Section 38-12-222 - [Effective10/1/2022] Residents' right to privacy

    • Section 38-12-223 - [Effective10/1/2022] Tenancy and park sale records

  • Part 3. Local Control of Rents Prohibited

    • Section 38-12-301 - Control of rents by counties and municipalities prohibited - legislative declaration

    • Section 38-12-302 - Definitions

  • Part 4. Victims of Unlawful Sexual Behavior, Stalking, Domestic Violence, and Domestic Abuse

    • Section 38-12-401 - Definitions

    • Section 38-12-402 - Protection for victims of unlawful sexual behavior, stalking, or domestic violence

  • Part 5. Obligation to Maintain Residential Premises--Unlawful Removal

    • Section 38-12-501 - Legislative declaration - matter of statewide concern - purposes and policies

    • Section 38-12-502 - Definitions

    • Section 38-12-503 - Warranty of habitability

    • Section 38-12-504 - Tenant's maintenance of premises

    • Section 38-12-505 - Uninhabitable residential premises

    • Section 38-12-506 - Exception for certain single-family residences

    • Section 38-12-507 - Breach of warranty of habitability - tenant's remedies

    • Section 38-12-508 - Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach

    • Section 38-12-509 - Prohibition on retaliation

    • Section 38-12-510 - Unlawful removal or exclusion

    • Section 38-12-511 - Application

  • Part 6. Electric Vehicle Charging Systems

    • Section 38-12-601 - Unreasonable restrictions on electric vehicle charging systems - definitions

  • Part 7. Notice of Rent Increase

    • Section 38-12-701 - Notice of rent increase

    • Section 38-12-702 - Limit on frequency of residential rent increases

  • Part 8. Required Documentation

  • Part 9 - RENTAL APPLICATION FAIRNESS ACT (§§ 38-12-901 — 38-12-905)

  • Part 10 - BED BUGS IN RESIDENTIAL PREMISES (§§ 38-12-1001 — 38-12-1007)

  • Part 11 - MOBILE HOME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM (§§ 38-12-1101 — 38-12-1110)

  • Part 12 - IMMIGRANT TENANT PROTECTION ACT (§§ 38-12-1201 — 38-12-1205)

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Evictions in Colorado

 

 

In Colorado, you can evict someone for failing to pay rent, violating any terms of the lease, or committing a crime on the property. You may not evict a tenant for anything that could legally be deemed retaliatory or discriminatory.

1. Give written notice

You must give written notice as the first step in the eviction process. You may post the notice on the door, give it to anyone in the household over the age of 15, or mail it via certified mail. The kind of notice you give, Notice to Cure or Notice to Vacate, will depend on why the tenant is being evicted:

  • Notice to Cure: Also known as a "demand for compliance or possession," a notice to cure must include the complaint or the amount of rent owed, plus the address of the unit. It will state that the tenant has three days to fix the problem, or they must leave the unit. This notice can be used for lighter offenses. It must be signed by you or your attorney. We’ve created a template for this kind of notice that you can customize and use.

  • Notice to Vacate: Unlike the notice to cure, the notice to quit or vacate does not offer the tenant the opportunity to correct the issue at hand. It will simply state that the unit must be vacated within three days. If the tenant has been late on rent repeatedly, owes a large amount of unpaid rent, or committed a crime on the property, they can be served this kind of notice. The notice must include the address of the property, the reason for eviction and must be signed by you or your attorney. We’ve created a template for this kind of notice that you can customize and use here.

2. File papers with the court

If the three-day notice period comes to a close and the tenant is still in the unit without correcting the problem, you can file a summons and complaint with the court. They will be served to the tenant with a court date that must be between seven to fourteen days of the date they were served the papers.

3. Go to court

If your tenant does not contest the eviction, fails to appear in court, or the judge rules in your favor, you will be granted a writ of restitution allowing law enforcement to remove the tenant 48 hours after the order is granted.

 

Common Rule of Law in Real Estate

In real estate law, real property (also known as realty, real estate, or immovable property) refers to property that is intrinsically linked to land. It also includes buildings, machines, and equipment attached to the land. In the United States, each State (with the notable exception of Louisiana) regulates and legally protects real estate primarily through common law and real estate law.

The common law and real estate law regulate the liability of an owner in regard to the safety of a third person party on their property. Within the common law, there are three different types of third parties that can be found on land. The liabilities associated for a landowner vary greatly depending on the status of the third person party. Contact real estate lawyers for legal advice and assistance.

 

Trespasser

 

A trespasser is defined in common law as a third person party that enters a property without the knowledge or invitation of a landowner for personal purposes. Landowners typically have no duty to warn adult trespassers of dangers on a property or to make their property safe for adult trespassers. Although the duty is lighter than for a licensee or an invitee, a landowner is responsible to ensure the safety of the property if the owner believes trespassers could be on the property, especially in the case of children.

In the case of child trespassers, the owner is held to a higher standard in protecting the child from harm by ensuring the safety the property. Properties that might boast features that would attract child trespassers, such as ponds or pools, are often required to ensure the safety of their property to a higher degree.

Licensee

A licensee is defined in common law as a third person party that is invited on to and remains on a property for any reason other than a commercial or business reason. Thus, a guest would be a licensee, and not an invitee. Licensees are protected more than trespassers, and the landowner owes a higher degree of duty in maintaining the safety of a property and warning licensees of the dangers on a property.

Property owners are often found liable under real estate law and common law for damage or harm to a licensee or a licensee's property if the owner neglected to ensure the safety of a known danger on the property, failed to inform the licensee of the dangers on a property, or if a licensee did not have a reasonable understanding or notice of the dangers on a property.

Invitee

An invitee is defined in common law as a third person party that is invited on to and remains on a property for business or commercial purposes that will benefit the owner of the property. These invitations could be either implicit or explicit. For example, "open" signs and open doors are both considered invitations for these purposes.

Invitees are protected with the highest regard and owners have the highest liability to this class of third person parties. If the risk of harm or damage for an invitee or an invitee's property is considered unreasonable and the unsafe conditions of the property are explicitly known and understood by the owner, the owner must protect the invitee from any harm or damage. Invitees can also be classified as public invitees in real estate law, where their presence is legitimized by the use of a land for a public purpose.

Links to Legal Pages Based on State

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Part 1. Security Deposits--Wrongful Withholding

 

Section 38-12-101 - Legislative declaration

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.

 

C.R.S. § 38-12-101

Amended by 2021 Ch. 349,§ 6, eff. 10/1/2021.

L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-26. L. 2021: Entire section amended, (SB 21-173), ch. 349, p. 2265, § 6, effective October 1.

2021 Ch. 349, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Section 38-12-102 - Definitions 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 38-12-201.5(3).

(3) "Late fee" means a monetary sum that a landlord charges a tenant or home owner as a result of the tenant's or home owner's failure to timely pay rent and that is determined pursuant to a rental agreement between the landlord and the tenant or home owner.

(4) "Normal wear and tear" means deterioration that occurs, based upon the use for which a rental unit or mobile home space, as defined in section 38-12-201.5(7), is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or home owner or members of the tenant's or home owner's household, or their invitees or guests.

(5) "Rent subsidy provider" means a public or private entity, including a public housing authority, that provides ongoing financial assistance to a landlord for the purpose of subsidizing rent.

(6) "Security deposit" means any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for a residential premises or any part of a residential premises.

(7) "Tenant" has the meaning set forth in section 38-12-502(9).

 

C.R.S. § 38-12-102

Amended by 2021 Ch. 349,§ 7, eff. 10/1/2021.

L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-27. L. 2021: Entire section amended, (SB 21-173), ch. 349, p. 2265, § 7, effective October 1.

2021 Ch. 349, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Section 38-12-103 - Return of security deposit

(1) 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 with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.

 

(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.

 

(3)

(a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.

(b) In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful.

(4) Upon cessation of his interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the person in possession of the security deposit, including but not limited to the landlord, his agent, or his executor, shall, within a reasonable time:

(a) Transfer the funds, or any remainder after lawful deductions under subsection (1) of this section, to the landlord's successor in interest and notify the tenant by mail of such transfer and of the transferee's name and address; or

(b) Return the funds, or any remainder after lawful deductions under subsection (1) of this section, to the tenant.

(5) Upon compliance with subsection (4) of this section, the person in possession of the security deposit shall be relieved of further liability.

(6) Upon receipt of transferred funds under subsection (4)(a) of this section, the transferee, in relation to such funds, shall be deemed to have all of the rights and obligations of a landlord holding the funds as a security deposit.

(7) Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this section for the benefit of a tenant or members of his household is waived shall be deemed to be against public policy and shall be void.

 

C.R.S. § 38-12-103

L. 71: p. 592, § 1. C.R.S. 1963: § 58-1-28. L. 76: (2) amended, p. 314, § 67, effective May 20.

Section 38-12-104 - Return of security deposit - hazardous condition - gas appliance

 

(1) Anytime service personnel from any organization providing gas service to a residential building become aware of any hazardous condition of a gas appliance, piping, or other gas equipment, such personnel shall inform the customer of record at the affected address in writing of the hazardous condition and take any further action provided for by the policies of such personnel's employer. Such written notification shall state the potential nature of the hazard as a fire hazard or a hazard to life, health, property, or public welfare and shall explain the possible cause of the hazard.

(2) If the resident of the residential building is a tenant, such tenant shall immediately inform the landlord of the property or the landlord's agent in writing of the existence of the hazard.

(3) The landlord shall then have seventy-two hours excluding a Saturday, Sunday, or a legal holiday after the actual receipt of the written notice of the hazardous condition to have the hazardous condition repaired by a professional. "Professional" for the purposes of this section means a person authorized by the state of Colorado or by a county or municipal government through license or certificate where such government authorization is required. Where no person with such government authorization is available, and where there are no local requirements for government authorization, a person who is otherwise qualified and who possesses insurance with a minimum of one hundred thousand dollars public liability and property damage coverage shall be deemed a professional for purposes of this section. Proof of such repairs shall be forwarded to the landlord or the landlord's agent. Such proof may also be used as an affirmative defense in any action to recover the security deposit, as provided for in this section.

(4) If the landlord does not have the repairs made within seventy-two hours excluding a Saturday, Sunday, or a legal holiday, and the condition of the building remains hazardous, the tenant may opt to vacate the premises. After the tenant vacates the premises, the lease or other rental agreement between the landlord and tenant becomes null and void, all rights and future obligations between the landlord and tenant pursuant to the lease or other rental agreement terminate, and the tenant may demand the immediate return of all or any portion of the security deposit held by the landlord to which the tenant is entitled. The landlord shall have seventy-two hours following the tenant's vacation of the premises to deliver to the tenant all of, or the appropriate portion of, the security deposit plus any rent rebate owed to the tenant for rent paid by the tenant for the period of time after the tenant has vacated. If the seventy-second hour falls on a Saturday, Sunday, or legal holiday, the security deposit must be delivered by noon on the next day that is not a Saturday, Sunday, or legal holiday. The tenant shall provide the landlord with a correct forwarding address. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payments required by this section to the forwarding address of the tenant. Nothing in this section shall preclude the landlord from withholding the security deposit for nonpayment of rent or for nonpayment of utility charges, repair work, or cleaning contracted for by the tenant. If the tenant does not receive the entire security deposit or a portion of the security deposit together with a written statement listing the exact reasons for the retention of any portion of the security deposit within the time period provided for in this section, the retention of the security deposit shall be deemed willful and wrongful and, notwithstanding the provisions of section 38-12-103(3), shall entitle the tenant to twice the amount of the security deposit and to reasonable attorney fees.

 

C.R.S. § 38-12-104

L. 91: Entire section added, p. 1691, § 1, effective July 1.

Section 38-12-105 - Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice

(1) A landlord shall not take any of the following actions or direct any agent to take any of the following actions on the landlord's behalf:

(a) Charge a tenant or home owner a late fee unless a rent payment is late by at least seven calendar days;

(b) Charge a tenant or home owner a late fee in an amount that exceeds the greater of:

(I) Fifty dollars; or

(II) Five percent of the amount of the past due rent payment;

(c) Require a tenant or home owner to pay a late fee unless the late fee is disclosed in the rental agreement;

(d) Remove or exclude a tenant from a dwelling or initiate a court process for the removal or exclusion of a tenant from a dwelling because the tenant fails to pay one or more late fees to the landlord;

(e) Terminate a tenancy or other estate at will or a lease in a mobile home park because a tenant or home owner fails to pay one or more late fees to the landlord;

(f) Impose a late fee on a tenant or home owner for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant or home owner, is responsible for paying;

(g) Impose a late fee more than once for each late payment, except that a landlord may impose a late fee more than once for a late payment if the total amount of such late fees does not exceed the amount described in subsection (1)(b) of this section;

(h) Require a tenant or home owner to pay any amount of interest on a late fee;

(i) Recoup any amount of a late fee from a rent payment made to the landlord by a tenant or home owner; or

(j) Charge a tenant or home owner a late fee unless the landlord provided the tenant or home owner written notice of the late fee within one hundred eighty days after the date upon which the rent payment was due.

 

(2) A provision of a lease of a landlord or person acting on behalf of a landlord that does not comply with the provisions of subsection (1) of this section is void and unenforceable. A tenant who is aggrieved by an action taken by a landlord or person acting on behalf of the landlord in violation of subsection (1) of this section may bring an action for injunctive relief pursuant to subsection (5) of this section.

 

(3) A landlord who violates subsection (1) of this section shall pay to an aggrieved tenant or home owner a penalty in the amount of fifty dollars for each violation.

 

(4) Except as described in subsection (3) of this section, and notwithstanding any other provision of this section to the contrary, a landlord who violates subsection (1) of this section has seven days to cure the violation, which seven days begins when the landlord receives written or electronic notice of the violation.

 

(5) If a landlord violates subsection (1) of this section and fails to timely cure the violation as described in subsection (4) of this section, a tenant or home owner may bring a civil action to seek one or more of the following remedies:

(a) Compensatory damages for injury or loss suffered;

(b) A penalty of at least one hundred fifty dollars but not more than one

thousand dollars for each violation, payable to the tenant or home owner;

(c) Costs, including reasonable attorney fees to the prevailing party; and

(d) Other equitable relief the court finds appropriate.

 

(6) A tenant or home owner may raise an alleged violation of this section as an affirmative defense in a forcible entry and detainer proceeding.

 

(7) A late fee is distinct from rent, and a rental agreement may not classify a late fee as rent for the purposes of section 13-40-104(1)(d).

C.R.S. § 38-12-105

Added by 2021 Ch. 349,§ 8, eff. 10/1/2021.

L. 2021: Entire section added, (SB 21-173), ch. 2266, p. 2266, § 8, effective October 1.

2021 Ch. 349, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

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Cities in Colorado

  • Akron, CO

  • Alamosa, CO

  • Allenspark, CO

  • Antonito, CO

  • Arboles, CO

  • Arriba, CO

  • Arvada, CO

  • Aspen, CO

  • Ault, CO

  • Aurora, CO

  • Avon, CO

  • Avondale, CO

  • Basalt, CO

  • Battlement Mesa, CO

  • Bayfield, CO

  • Bennett, CO

  • Berthoud, CO

  • Bethune, CO

  • Blanca, CO

  • Boone, CO

  • Boulder, CO

  • Breckenridge, CO

  • Brighton, CO

  • Broomfield, CO

  • Brush, CO

  • Buena Vista, CO

  • Burlington, CO

  • Byers, CO

  • Calhan, CO

  • Canon City, CO

  • Carbondale, CO

  • Castle Rock, CO

  • Cedaredge, CO

  • Center, CO

  • Central City, CO

  • Cheraw, CO

  • Cheyenne Wells, CO

  • Clifton, CO

  • Coal Creek, CO

  • Collbran, CO

  • Colorado City, CO

  • Colorado Springs, CO

  • Commerce City, CO

  • Cortez, CO

  • Craig, CO

  • Crawford, CO

  • Creede, CO

  • Crested Butte, CO

  • Cripple Creek, CO

  • Dacono, CO

  • De Beque, CO

  • Deer Trail, CO

  • Del Norte, CO

  • Delta, CO

  • Denver, CO

  • Dillon, CO

  • Dinosaur, CO

  • Dolores, CO

  • Dove Creek, CO

  • Durango, CO

  • Eads, CO

  • Eagle, CO

  • Eaton, CO

  • Eckley, CO

  • Edwards, CO

  • Eldorado Springs, CO

  • Elizabeth, CO

  • Empire, CO

  • Englewood, CO

  • Erie, CO

  • Estes Park, CO

  • Evans, CO

  • Evergreen, CO

  • Fairplay, CO

  • Firestone, CO

  • Flagler, CO

  • Fleming, CO

  • Florence, CO

  • Fort Collins, CO

  • Fort Garland, CO

  • Fort Lupton, CO

  • Fort Morgan, CO

  • Fountain, CO

  • Fowler, CO

  • Fraser, CO

  • Frederick, CO

  • Frisco, CO

  • Fruita, CO

  • Genoa, CO

  • Georgetown, CO

  • Gilcrest, CO

  • Glenwood Springs, CO

  • Golden, CO

  • Granada, CO

  • Granby, CO

  • Grand Junction, CO

  • Grand Lake, CO

  • Greeley, CO

  • Green Mountain Falls, CO

  • Gunnison, CO

  • Gypsum, CO

  • Haxtun, CO

  • Hayden, CO

  • Hillrose, CO

  • Holly, CO

  • Holyoke, CO

  • Hot Sulphur Springs, CO

  • Hotchkiss, CO

  • Hudson, CO

  • Hugo, CO

  • Idaho Springs, CO

  • Ignacio, CO

  • Iliff, CO

  • Indian Hills, CO

  • Jamestown, CO

  • Johnstown, CO

  • Julesburg, CO

  • Keenesburg, CO

  • Kersey, CO

  • Kiowa, CO

  • Kit Carson, CO

  • Kittredge, CO

  • Kremmling, CO

  • La Jara, CO

  • La Junta, CO

  • La Salle, CO

  • La Veta, CO

  • Lafayette, CO

  • Lake City, CO

  • Lamar, CO

  • Laporte, CO

  • Larkspur, CO

  • Las Animas, CO

  • Leadville, CO

  • Limon, CO

  • Littleton, CO

  • Log Lane Village, CO

  • Longmont, CO

  • Louisville, CO

  • Louviers, CO

  • Loveland, CO

  • Lyons, CO

  • Manassa, CO

  • Mancos, CO

  • Manitou Springs, CO

  • Manzanola, CO

  • Mead, CO

  • Meeker, CO

  • Merino, CO

  • Milliken, CO

  • Minturn, CO

  • Monte Vista, CO

  • Monument, CO

  • Morrison, CO

  • Naturita, CO

  • Nederland, CO

  • New Castle, CO

  • Niwot, CO

  • Norwood, CO

  • Nucla, CO

  • Nunn, CO

  • Oak Creek, CO

  • Olathe, CO

  • Olney Springs, CO

  • Ordway, CO

  • Otis, CO

  • Ouray, CO

  • Ovid, CO

  • Pagosa Springs, CO

  • Palisade, CO

  • Palmer Lake, CO

  • Paonia, CO

  • Parachute, CO

  • Parker, CO

  • Peetz, CO

  • Penrose, CO

  • Pierce, CO

  • Platteville, CO

  • Poncha Springs, CO

  • Pueblo, CO

  • Rangely, CO

  • Red Cliff, CO

  • Red Feather Lakes, CO

  • Rico, CO

  • Ridgway, CO

  • Rifle, CO

  • Rockvale, CO

  • Rocky Ford, CO

  • Romeo, CO

  • Rye, CO

  • Saguache, CO

  • Salida, CO

  • San Luis, CO

  • Sanford, CO

  • Sedalia, CO

  • Severance, CO

  • Silt, CO

  • Silver Plume, CO

  • Silverthorne, CO

  • Silverton, CO

  • Simla, CO

  • Snowmass Village, CO

  • South Fork, CO

  • Springfield, CO

  • Steamboat Springs, CO

  • Sterling, CO

  • Strasburg, CO

  • Stratton, CO

  • Sugar City, CO

  • Swink, CO

  • Telluride, CO

  • Thornton, CO

  • Timnath, CO

  • Towaoc, CO

  • Trinidad, CO

  • Vail, CO

  • Victor, CO

  • Walden, CO

  • Walsenburg, CO

  • Walsh, CO

  • Wellington, CO

  • Westcliffe, CO

  • Westminster, CO

  • Wheat Ridge, CO

  • Wiggins, CO

  • Wiley, CO

  • Windsor, CO

  • Winter Park, CO

  • Woodland Park, CO

  • Wray, CO

  • Yampa, CO

  • Yuma, CO

mapofcountiesofcolorado.png
  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

Part 2. Mobile Home Park Act

Section 38-12-200.1 - Short title

This part 2 shall be known and may be cited as the "Mobile Home Park Act".

C.R.S. § 38-12-200.1

L. 85: Entire section added, p. 1198, § 1, effective June 6.

Section 38-12-200.2 - [Effective Until10/1/2022] Legislative declaration

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 and the owner of a mobile home situated in such park.

C.R.S. § 38-12-200.2

L. 85: Entire section added, p. 1198, § 1, effective June 6.

This section is set out more than once due to postponed, multiple, or conflicting amendments

 

Section 38-12-201 - Application of part 2

(1) This part 2 shall apply only to manufactured homes as defined in section 42-1-102 (48.8).

(2) Repealed.

C.R.S. § 38-12-201

Amended by 2022 Ch. 421,§ 84, eff. 8/10/2022.

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, effective June 9. L. 89: (1) amended, p. 729, § 34, effective July 1. L. 94: (1) amended, p. 706, § 13, effective April 19. L. 95: (1) amended, p. 951, § 2, effective May 25.

2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Section 38-12-201.3 - Legislative declaration - increased availability of mobile home parks

The general assembly hereby finds and declares that mobile homes, manufactured housing, and factory-built housing are important and effective ways to meet Colorado's affordable housing needs. The general assembly further finds and declares that, because of the unique aspects of mobile homes and mobile home park ownership, there is a need to protect mobile home owners from eviction with short notice so as to prevent mobile home owners from losing their shelter as well as any equity in their mobile homes. The general assembly encourages local governments to allow and protect mobile home parks in their jurisdictions and to enact plans to increase the number of mobile home parks in their jurisdictions. The general assembly further encourages local governments to provide incentives to mobile home park owners to attract additional mobile home parks and to increase the viability of current parks

.

C.R.S. § 38-12-201.3

L. 2005: Entire section added, p. 110, § 4, effective August 8. L. 2010: Entire section amended, (SB 10-156), ch. 343, p. 1584, §1, effective July 1.

Section 38-12-201.5 - [Effective Until10/1/2022]Definitions

As used in this part 2 and in part 11 of this article 12, unless the context otherwise requires:

(1) "Entry fee" means any fee paid to or received from an owner of a mobile home park or an agent thereof except for:

(a) Rent;

(b) A security deposit to pay for actual damages to the premises or to secure rental payments;

(c) Fees charged by any governmental agency of the state, a county, a town, or a city;

(d) Utilities;

(e) Incidental reasonable charges for services actually performed by the mobile home park owner or the mobile home park owner's agent and agreed to in writing by the home owner; and

(f) Late fees.

(2) "Home owner" means any person or family of a person who owns a mobile home that is subject to a tenancy in a mobile home park under a rental agreement.

(2.5) "Late fee" has the meaning set forth in section 38-12-102(3).

(3) "Management" or "landlord" means the owner or person responsible for operating and managing a mobile home park or an agent, employee, or representative authorized to act on the management's behalf in connection with matters relating to tenancy in the park.

(4) "Management visit" means an entry by management on a mobile home lot.

 

(5) "Mobile home" means:

(a) A single-family dwelling that is built on a permanent chassis; is designed for long-term residential occupancy; contains complete electrical, plumbing, and sanitary facilities; is designed to be installed in a permanent or semipermanent manner with or without a permanent foundation; and is capable of being drawn over public highways as a unit or in sections by special permit;

(b) A manufactured home, as defined in section 38-29-102(6), if the manufactured home is situated in a mobile home park; or

(c) A tiny home, as defined in section 24-32-3302 (35), that is used as a long-term residence in the mobile home park.

(6) "Mobile home park" or "park" means a parcel of land used for the continuous accommodation of five or more occupied mobile homes and operated for the pecuniary benefit of the owner of the parcel of land or the owner's agents, lessees, or assignees. "Mobile home park" does not include mobile home subdivisions or property zoned for manufactured home subdivisions.

(7) "Mobile home space", "space", "mobile home lot", or "lot" means a parcel of land within a mobile home park designated by the management to accommodate one mobile home and its accessory buildings and to which the required sewer and utility connections are provided by the park.

(8) "Premises" means a mobile home park and existing facilities and appurtenances of the park, including furniture and utilities where applicable, and grounds, areas, and existing facilities held out for the use of home owners generally or the use of which is promised to home owners.

(9) "Rent" means any money or other consideration to be paid to the management for the right of use, possession, and occupation of the premises.

(10) "Rental agreement" means an agreement, written or implied by law, between the management and a home owner establishing the terms and conditions of a tenancy, including reasonable rules and regulations promulgated by the park management. A lease is a rental agreement.

(11) "Resident" means an individual who resides in a mobile home that is located in a mobile home park, regardless of whether the individual is the home owner.

(12) "Retaliatory action" includes:

(a) Increasing rent or decreasing services in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform increase or decrease is unrelated to a legitimate business purpose;

(b) Issuing mandatory fees in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform issuance of the fees is unrelated to a legitimate business purpose;

(c) Issuing warnings, citations, or fines that are not lawful;

(d) Serving notices or threatening eviction when the notices or threats are not reasonably justified;

(e) Billing a home owner in a selective or excessive manner, or in a nonuniform manner to the extent that the nonuniform billing is unrelated to a legitimate business purpose, for an item or service for which the home owner has not previously been billed;

(f) Creating or modifying rules and regulations of the park that are not reasonably related to a legitimate purpose;

(g) Selectively enforcing rules or requirements of the park;

(h) Conducting management visits that are selective, nonuniform, or excessive; except that this subsection (12)(h) does not include management visits that are conducted for the purpose of providing notices that are required by law or by a rental agreement;

(i) Altering or refusing to renew an existing rental agreement;

(j) Surveilling a home owner who submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency; except that this subsection (12)(j) does not include routine, nonexcessive community inspections or documenting, photographing, or recording of violations of law, the rental agreement, or the rules and regulations of the park; or

(k) Reporting or publicizing damaging information about a home owner who submits an oral or written complaint about a mobile home park to the management or to any federal, state, or local government agency.

(13) "Tenancy" means the right of a home owner to:

(a) Locate, maintain, and occupy a mobile home, including accessory structures for human habitation, on a space within a park;

(b) Make improvements to the space; and

(c) Use the services and facilities of the park.

C.R.S. § 38-12-201.5

Amended by 2022 Ch. 172,§ 33, eff. 8/10/2022.

Amended by 2021 Ch. 349,§ 9, eff. 10/1/2021.

Amended by 2021 Ch. 423,§ 36, eff. 7/2/2021.

Amended by 2020 Ch. 195,§ 1, eff. 6/30/2020.

Amended by 2019 Ch. 281,§ 5, eff. 5/23/2019.

L. 81: Entire section added, p. 1813, § 2, effective June 9. L. 87: (1) R&RE, (1.5) added, (5), (7), and (9) amended, and (8) repealed, pp. 1310, 1315, §§ 2, 1, 15, effective May 8. L. 2010: (2) amended, (SB 10-156), ch. 1584, p. 1584, § 2, effective July 1. L. 2019: IP amended, (HB 19-1309), ch. 2629, p. 2629, § 5, effective May 23. L. 2020: Entire section R&RE, (HB 20-1196), ch. 910, p. 910, § 1, effective June 30. L. 2021: (1)(e) amended, (SB 21-266), ch. 2805, p. 2805, § 36, effective July 2; IP, (1)(d), and (1)(e) amended and (1)(f) and (2.5) added, (SB 21-173), ch. 2267, p. 2267, § 9, effective October 1.

Amendments to subsection (1)(e) by SB 21-173 and SB 21-266 were harmonized.

2022 Ch. 255 was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 172 was passed without a safety clause. See Colo. Const. art. V, § 1(3).

This section is set out more than once due to postponed, multiple, or conflicting amendments.

For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.

Section 38-12-202 - [Effective Until10/1/2022] Tenancy - notice to quit

(1)

 

(a) No tenancy or other lease or rental occupancy of space in a mobile home park shall commence without a written lease or rental agreement, and no tenancy in a mobile home park shall be terminated until a notice to quit has been served. Said notice to quit shall be in writing and in the form specified in section 13-40-107(2), C.R.S. The property description required in section 13-40-107(2), C.R.S., shall be deemed legally sufficient if it states:

(I) The name of the landlord or the mobile home park.

(II) The mailing address of the property.

(III) The location or space number upon which the mobile home is situate; and

(IV) The county in which the mobile home is situate.

(b) Service of the notice to quit shall be as specified in section 13-40-108, C.R.S. Service by posting shall be deemed legally sufficient within the meaning of section 13-40-108, C.R.S., if the notice is affixed to the main entrance of the mobile home.

(c)

 

(I) Except as otherwise provided in subsections (1)(c)(II) and (3) of this section, the management shall give a homeowner at least ninety days after the date the notice is served or posted to sell the mobile home or remove it from the premises.

(II) If management terminates a tenancy on grounds described in section 38-12-203(1)(f), the management shall give the homeowner at least ten days after the date the notice is served or posted to sell the mobile home or remove it from the premises.

(2) Repealed.

(3) In any notice provided by the management as required by this section, the management shall specify the reason for the termination, as described in section 38-12-203, of the tenancy that is the subject of the notice. If the management is terminating the tenancy because the mobile home or mobile home lot is out of compliance with local ordinances or state laws or rules relating to mobile homes and mobile home lots, as described in section 38-12-203(1)

 

(a), or out of compliance with written rules and regulations of the mobile home park, as described in section 38-12-203(1)(c), the notice must include a statement advising the homeowner that the homeowner has a right to cure the noncompliance within ninety days after the date of service or posting of the notice to quit. This ninety-day period runs concurrently with the ninety-day period to sell the mobile home or remove it from the premises as set forth in subsection (1)(c)(I) of this section. Rent payment and other agreed tenant obligations remain in effect during this ninety-day period, and acceptance of rent by a landlord during this ninety-day period does not constitute a waiver of the landlord's right to terminate the tenancy for any noncompliance described in section 38-12-203(1)(a) or (1)(c).

(4) Notwithstanding any other provision of this section, in any action to terminate a homeowner's tenancy based on a violation described in section 38-12-203(1)(a), the periods of time set forth in this section to provide homeowners notice or a right to cure are superseded by any local ordinances, state laws or rules, or court orders that require a homeowner's compliance within a shorter time period.

 

C.R.S. § 38-12-202

Amended by 2020 Ch. 195, § 2, eff. 6/30/2020.

L. 73: p. 641, § 1. C.R.S. 1963: § 58-2-2. L. 79: (1) amended, p. 1384, § 1, effective July 1. L. 81: IP(1)(a) R&RE, p. 1814, § 3, effective June 9. L. 87: (1)(c) and (1)(d) amended, p. 1311, § 3, effective May 8. L. 94: (1)(c) amended, p. 703, § 1, effective April 19. L. 96: (2) amended, p. 670, § 2, effective July 1. L. 99: (3) added, p. 65, § 1, effective August 4. L. 2000: (3) repealed, p. 148, § 2, effective July 1. L. 2010: Entire section amended, (SB 10-156), ch. 1585, p. 1585, § 3, effective July 1. L. 2020: (1)(c) and (3) amended, (2) repealed, and (4) added, (HB 20-1196), ch. 913, p. 913, § 2, effective June 30.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

For the form specified for notice to terminate a tenancy, see § 13-40-107(2).

Section 38-12-202.5 - Action for termination

(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 park.

(b) The mailing address of the property.

(c) The location or space number upon which the mobile home is situate; and

(d) The county in which the mobile home is situate.

(2) Service of summons shall be as specified in section 13-40-112, C.R.S. Service by posting shall be deemed legally sufficient within the meaning of section 13-40-112, C.R.S., if the summons is affixed to the main entrance of the mobile home.

(3) Jurisdiction of courts in cases of forcible entry, forcible detainer, or unlawful detainer shall be as specified in section 13-40-109, C.R.S. Trial on the issue of possession shall be timely as specified in section 13-40-114, C.R.S., with no delay allowed for the determination of other issues or claims which may be severed at the discretion of the trial court.

(4) After commencement of the action and before judgment, any person not already a party to the action who is discovered to have a property interest in the mobile home shall be allowed to enter into a stipulation with the landlord and be bound thereby.

(5) The provisions of section 13-40-110.5 concerning suppression of court records apply to an action for termination.

C.R.S. § 38-12-202.5

Amended by 2020 Ch. 37, § 3, eff. 12/1/2020.

L. 79: Entire section added, p. 1385, § 2, effective July 1.

Section 4(2) of chapter 37 (HB 20-1009), Session Laws of Colorado 2020, provides that the act changing this section applies to actions commenced on or after December 1, 2020.

Section 38-12-203 - [Effective Until10/1/2022] Reasons for termination

(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 homeowner who cures a noncompliance as described in section 38-12-202(3), failure of the homeowner to comply with local ordinances and state laws and rules relating to mobile homes and mobile home lots.

(b) Repealed.

(c) Except in the case of a homeowner who cures a noncompliance as described in section 38-12-202(3), failure of the homeowner to comply with written rules and regulations of the mobile home park that are enforceable pursuant to section 38-12-214(1), are necessary to prevent material damage to real or personal property or to the health or safety of one or more individuals, and were:

(I) Established by the management in the rental agreement at the inception of the tenancy.

(II) Amended after the inception of the tenancy with the consent of the homeowner; or

(III) Amended after the inception of the tenancy without the consent of the homeowner after providing sixty days' prior written notice to the homeowner.

(d)

 

(I) Condemnation or change of use of the mobile home park. When the owner of a mobile home park is formally notified by a notice of intent to acquire pursuant to section 38-1-121(1) or other similar provision of law, or a complaint in a condemnation action from an appropriate governmental agency that the mobile home park, or any portion thereof, is to be acquired by the governmental agency or may be the subject of a condemnation proceeding, the landlord shall, within seventeen days, notify the home owners in writing of the terms of the notice of intent to acquire or complaint received by the landlord.

(II) If a landlord wants to change the use of a mobile home park, and the change of use has been approved by the local or state authority or does not require approval, and the change of use would result in the eviction of inhabited mobile homes, the landlord shall give the owner of each mobile home that is subject to the eviction a written notice of the landlord's intent to evict not less than twelve months before the change of use of the land, which notice must be mailed to each home owner.

(e) The making or causing to be made, with knowledge, of materially false or misleading statements on an application for tenancy.

(f) Conduct of the homeowner or any lessee of the homeowner or any guest, agent, invitee, or associate of the homeowner or lessee of the homeowner that:

(I) Occurs on the mobile home park premises and unreasonably endangers the life of the landlord, any homeowner or lessee of the mobile home park, any person living in the park, or any guest, agent, invitee, or associate of the homeowner or lessee of the homeowner.

(II) Occurs on the mobile home park premises and constitutes willful, wanton, or malicious damage to or destruction of property of the landlord, any homeowner or lessee of the mobile home park, any person living in the park, or any guest, agent, invitee, or associate of the homeowner or lessee of the home owner.

(III) Occurs on the mobile home park premises, materially harms or threatens real or personal property or the health, safety, or welfare of one or more individuals or animals, including pet animals, as defined in section 35-80-102(10), and constitutes a felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18; or

(IV) Was the basis for an action that declared the mobile home or any of its contents a class 1 public nuisance under section 16-13-303.

(2) In an action pursuant to this part 2, the landlord shall have the burden of proving that the landlord complied with the relevant notice requirements and that the landlord provided the home owner with a statement of reasons for the termination. In addition to any other defenses a home owner may have, it shall be a defense that the landlord's allegations are false or that the reasons for termination are invalid.

C.R.S. § 38-12-203

Amended by 2020 Ch. 195,§ 3, eff. 6/30/2020.

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-3. L. 79: (1)(d) amended, p. 1386, § 3, effective July 1. L. 81: (1)(c) amended, p. 1814, § 4, effective June 9. L. 84: (1)(c) amended, p. 976, § 1, effective July 1. L. 87: (1)(a), (1)(b), (1)(c), (1)(d), and (2) amended, p. 1311, § 4, effective May 8. L. 94: (1)(f) added, p. 703, § 2, effective April 19. L. 96: IP(1), (1)(a), (1)(c), and (2) amended, p. 671, § 3, effective July 1. L. 2010: (1)(c) and (1)(d) amended, (SB 10-156), ch. 1586, p. 1586, § 4, effective July 1. L. 2020: IP(1), (1)(a), (1)(c), (1)(d)(II), (1)(e), (1)(f)(III), and (1)(f)(IV) amended and (1)(b) repealed, (HB 20-1196), ch. 914, p. 914, § 3, effective June 30.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

Section 38-12-203.5 - [Effective10/1/2022]Change in use of the park - remedies for home owners - definitions

(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 sheds, taking into account the actual cost of all improvements made to the mobile home by the home owner. Fair market value is determined based on the value of the mobile home in its current location prior to the decision to change the use of the park.

(b) "Relocation costs" includes:

(I) Any reasonable costs incurred to move the mobile home, furniture, and personal belongings therein to a replacement site;

(II) The reasonable cost of disassembling, moving, and reassembling any attached appurtenances and structures on the lot owned by the home owner such as porches, decks, skirting, awnings, and sheds, which were not acquired by the landlord;

(III) The costs of anchoring the unit;

(IV) The costs of connecting or disconnecting the mobile home to utilities;

(V) Insurance coverage during transport; and

(VI) The cost to disassemble and reinstall any accessibility improvements such as wheelchair ramps, lifts, and grab bars.

(2) If a landlord intends to change the use of the land comprising a mobile home park or part of a mobile home park and the change in use would result in the displacement of one or more mobile homes in the park, for each displaced mobile home, the landlord shall provide the home owner or home owners one of the following at the home owner's or home owners' choosing within thirty days of receiving a written demand by the home owner or home owners:

(a) Payment of relocation costs to relocate the mobile home to a location of the home owner's choosing within one hundred miles by road of the park. Relocation costs are determined based on the lowest estimate obtained by the home owner from a mobile home mover. The landlord may request a copy of the estimate to support the request for payment of relocation costs. If the home owner exercises this option, the home owner must actually relocate the mobile home and all personal belongings in accordance with the estimate used to determine relocation costs prior to the date of the change in use set forth in the notice required by section 38-12-203 (1)(d)(II). The home owner is responsible for additional mileage costs to move the mobile home to a location more than one hundred miles from the park.

(b) Submit a binding offer to purchase the mobile home for the greater of:

(I) Seven thousand five hundred dollars for a single-section mobile home or ten thousand dollars for a multi-section mobile home; or

(II) One hundred percent of the in-place fair market value as determined through the appraisal process set forth in this subsection (2)(b)(II). Within thirty days of submitting the offer, the landlord shall hire a licensed, certified residential, or certified general appraiser from the active appraisers list published by the division of real estate in the department of regulatory agencies to conduct the appraisal. If the home owner disputes the appraised value of the mobile home, the home owner may hire a licensed, certified residential, or certified general appraiser from the active appraisers list to obtain a second appraisal at the home owner's expense. To be considered, the home owner must obtain the appraisal within sixty days of receipt of the landlord's appraisal. The results of all appraisals shall be provided in writing by the appraiser to both landlord and home owner. If a second appraisal is obtained, the home owner is entitled to the average of the appraisals obtained by the landlord and the home owner. If the home owner is not satisfied with the appraisal or appraisals received, the home owner may submit a request for payment of relocation costs as set forth in subsection (2)(a) of this section. If the home owner exercises the option for purchase under this subsection (2)(b)(II), the sale closing must occur prior to the date of the change in use set forth in the notice provided pursuant to section 38-12-203 (1)(d)(II).

(3) If an appraiser conducting an appraisal pursuant to subsection (2)(b)(II) of this section identifies lack of maintenance, deferred maintenance, or deterioration of the mobile home park beyond normal wear and tear that negatively affects the value of a mobile home, the appraiser shall determine the value of the home with an upward adjustment in value if necessary to eliminate the negative effect in value caused by the lack of maintenance, deferred maintenance, or deterioration of the park beyond normal wear and tear.

(4) On July 1, 2024, and on July 1 of each year thereafter, the department shall adjust the amount specified in subsection (2)(b)(I) of this section in accordance with the percentage change for the previous twelve months at the time of the calculation in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The department shall publish the adjusted amount on the department's website.

(5) A home owner is entitled to the remedies provided under this section only if the home owner has not given notice to terminate the home owner's lease or rental agreement as of the date of the notice of the change in use.

(6) Any agreement made with a home owner to waive any rights under this section is invalid and ineffective for any purpose.

 

C.R.S. § 38-12-203.5

Added by 2022 Ch. 255,§ 6, eff. 10/1/2022.

2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Section 38-12-204 - [Effective Until10/1/2022]Nonpayment of rent - notice required for rent increase

(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 requiring, in the alternative, payment of rent or the removal of the home owner's unit from the premises, within a period of not less than ten days after the date notice is served or posted, for failure to pay rent when due.

(2) Rent shall not be increased without sixty days' written notice to the home owner. In addition to the amount and the effective date of the rent increase, such written notice shall include the name, address, and telephone number of the mobile home park management, if such management is a principal owner, or owner of the mobile home park and, if the owner is other than a natural person, the name, address, and telephone number of the owner's chief executive officer or managing partner; except that such ownership information need not be given if it was disclosed in the rental agreement made pursuant to section 38-12-213.

(3) 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 the tenant's rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term.

C.R.S. § 38-12-204

Amended by 2021 Ch. 348,§ 3, eff. 6/25/2021.

Amended by 2019 Ch. 281,§ 6, eff. 5/23/2019.

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-4. L. 77: Entire section amended, p. 1708, § 1, effective July 7. L. 85: Entire section amended, p. 1199, § 1, effective July 1. L. 87: Entire section amended, p. 1312, § 5, effective May 8. L. 2019: (1) amended, (HB 19-1309), ch. 2629, p. 2629, § 6, effective May 23. L. 2021: (3) added, (HB 21-1121), ch. 2260, p. 2260, § 3, effective June 25.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.

Section 38-12-204 - [Effective10/1/2022]Nonpayment of rent - notice required for rent increase - limitation on rent increases - repeal

(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 requiring, in the alternative, payment of rent or the removal of the home owner's unit from the premises, within a period of not less than ten days after the date notice is served or posted, for failure to pay rent when due.

(2) Rent shall not be increased without sixty days' written notice to the home owner. In addition to the amount and the effective date of the rent increase, such written notice shall include the name, address, and telephone number of the mobile home park management, if such management is a principal owner, or owner of the mobile home park and, if the owner is other than a natural person, the name, address, and telephone number of the owner's chief executive officer or managing partner; except that such ownership information need not be given if it was disclosed in the rental agreement made pursuant to section 38-12-213.

(3) 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 the tenant's rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term.

(4) A landlord shall not increase rent on a mobile home park lot if the park:

(a) Does not have a current, active registration filed with the division of housing in accordance with section 38-12-1106;

(b) Has any unpaid penalties owed to the division of housing; or

(c) Has not fully complied with any final agency order issued by the division of housing.

(5) A notice of a rent increase issued in violation of this section is invalid and has no force and effect.

C.R.S. § 38-12-204

Amended by 2022 Ch. 255,§ 7, eff. 10/1/2022.

Amended by 2021 Ch. 348,§ 3, eff. 6/25/2021.

Amended by 2019 Ch. 281,§ 6, eff. 5/23/2019.

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-4. L. 77: Entire section amended, p. 1708, § 1, effective July 7. L. 85: Entire section amended, p. 1199, § 1, effective July 1. L. 87: Entire section amended, p. 1312, § 5, effective May 8. L. 2019: (1) amended, (HB 19-1309), ch. 2629, p. 2629, § 6, effective May 23. L. 2021: (3) added, (HB 21-1121), ch. 2260, p. 2260, § 3, effective June 25.

2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

This section is set out more than once due to postponed, multiple, or conflicting amendments.

For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.

Section 38-12-204.3 - Notice required for termination

(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 shall occur at the same time and in the same manner as service of:

 

(a) The notice to quit as provided in section 38-12-202(1); or

 

(b) The notice of nonpayment of rent as provided in section 38-12-204(1).

 

(2) The notice required under this section must be in at least ten-point type and must read as follows:

IMPORTANT NOTICE TO THE HOME OWNER:

This notice and the accompanying notice to quit/notice of nonpayment of rent are the first steps in the eviction process. Any dispute you may have regarding the grounds for eviction should be addressed with your landlord or the management of the mobile home park or in the courts if an eviction action is filed. Please be advised that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104, Colorado Revised Statutes, may provide you with legal protection.

 

NOTICE TO QUIT: In order to terminate a home owner's tenancy, the landlord or management of a mobile home park must serve to a home owner a notice to quit. The notice must be in writing and must contain certain information, including:

*The grounds for the termination of the tenancy;

* Whether or not the home owner has a right to cure under the "Mobile Home Park Act"; and

* That the home owner has the option of mediation pursuant to section 38-12-216, Colorado Revised Statutes, of the "Mobile Home Park Act" and the option of filing a complaint through the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104, Colorado Revised Statutes.

NOTICE OF NONPAYMENT OF RENT: In order to terminate a home owner's tenancy due to nonpayment of rent, the landlord or management of a mobile home park must serve to a home owner a notice of nonpayment of rent. The notice must be in writing and must require that the home owner either make payment of rent or sell the owner's unit or remove it from the premises within a period of not less than ten days after the date the notice is served or posted, for failure to pay rent when due.

CURE PERIODS: If the home owner has a right to cure under the "Mobile Home Park Act", the landlord or management of a mobile home park cannot terminate a home owner's tenancy without first providing the home owner with a time period to cure the noncompliance. "Cure" refers to a home owner remedying, fixing, or otherwise correcting the situation or problem that made the tenancy subject to termination pursuant to sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.

COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE TENANCY: After the last day of the applicable notice period required by section 38-12-202(1)(c), Colorado Revised Statutes, a legal action may be commenced to take possession of the space leased by the home owner. In order to evict a home owner, the landlord or management of the mobile home park must prove:

* The landlord or management complied with the notice requirements of the "Mobile Home Park Act";

* The landlord or management provided the home owner with a statement of reasons for termination of the tenancy; and

* The reasons for termination of the tenancy are true and valid under the "Mobile Home Park Act".

To defend against an eviction action, a home owner must appear in court. If the court rules in favor of the landlord or management of the mobile home park, the home owner has not less than thirty days from the time of the ruling to either remove or sell the mobile home and to vacate the premises. If the home owner wishes to extend such period beyond thirty days but not more than sixty days from the date of the ruling, the home owner shall prepay to the landlord an amount equal to a pro rata share of rent for each day following the expiration of the initial thirty-day period after the court's ruling that the mobile home owner will remain on the premises. All prepayments shall be paid no later than thirty days after the court ruling. This section does not preclude earlier removal by law enforcement officers of a mobile home or one or more mobile home owners or occupants from the mobile home park if a mobile home owner violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303, Colorado Revised Statutes.

 

C.R.S. § 38-12-204.3

Amended by 2020 Ch. 195,§ 4, eff. 6/30/2020.

Amended by 2019 Ch. 281,§ 7, eff. 5/23/2019.

L. 2000: Entire section added, p. 146, § 1, effective July 1. L. 2010: (2) amended, (SB 10-156), ch. 1587, p. 1587, § 5, effective July 1. L. 2019: (2) amended, (HB 19-1309), ch. 2629, p. 2629, § 7, effective May 23. L. 2020: (2) amended, (HB 20-1196), ch. 915, p. 915, § 4, effective June 30.

For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.

Section 38-12-205 - Termination prohibited

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.

C.R.S. § 38-12-205

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-5. L. 87: Entire section amended, p. 1312, § 6, effective May 8.

Section 38-12-206 - [Effective Until10/1/2022] Home owner meetings - assembly in common areas

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 facility exists, shall not be subject to prohibition by the park management if the common area or hall is reserved according to the park rules and such meetings are held at reasonable hours and when the facility is not otherwise in use; except that no such meetings shall be held in the streets or thoroughfares of the mobile home park.

C.R.S. § 38-12-206

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-6. L. 87: Entire section amended, p. 1313, § 7, effective May 8. L. 2005: Entire section amended, p. 109, § 1, effective August 8. L. 2010: Entire section amended, (SB 10-156), ch. 343, p. 1588, §6, effective July 1.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

Section 38-12-206 - [Effective10/1/2022]Home owner meetings - assembly in common areas - meeting hosted by landlord

(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 facility exists, shall not be subject to prohibition by the park management if the common area or hall is reserved according to the park rules and such meetings are held at reasonable hours and when the facility is not otherwise in use; except that no such meetings shall be held in the streets or thoroughfares of the mobile home park.

 

(2) The management shall not charge home owners or residents a fee to meet in common buildings or spaces in the park, including any common area, community hall, or recreation hall; except that the management may charge for the reasonable costs of cleaning or repairing actual damages incurred. The management may recuperate the cost of repairs for actual damages beyond normal wear and tear that were caused by a home owner by retaining a portion of a home owner's security deposit.

 

(3) If requested by a home owner or resident, the landlord of a mobile home park shall, within thirty days of receiving the request, host and attend a free, public, accessible meeting for residents of the park; except that a landlord is not required to host and attend more than two meetings in a calendar year. Notice of the date, time, and location of the meeting must be posted in both English and Spanish in a clearly visible location in common areas of the mobile home park, including any community hall or recreation hall, for a period of seven days before the meeting and must be provided by mail at least fourteen days before the meeting to each home owners' association, residents' association, or similar body that represents the residents of the park. In addition to mailing the notice as required by this section, the landlord shall provide notice of the meeting by e-mail to each home owner and resident who has an e-mail address on file with the landlord.

C.R.S. § 38-12-206

Amended by 2022 Ch. 255,§ 8, eff. 10/1/2022.

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-6. L. 87: Entire section amended, p. 1313, § 7, effective May 8. L. 2005: Entire section amended, p. 109, § 1, effective August 8. L. 2010: Entire section amended, (SB 10-156), ch. 343, p. 1588, §6, effective July 1.

2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

This section is set out more than once due to postponed, multiple, or conflicting amendments.

Section 38-12-207 - Security deposits - legal process

(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 provided by the rental agreement.

(3) A security deposit remains the property of the home owner, and a landlord shall deposit each security deposit into a separate trust account to be administered by the landlord as a private trustee. For the purpose of preserving the corpus, the landlord shall not commingle the trust funds with other money; however, the landlord may keep the interest and profits earned from the corpus as compensation for administering the trust account.

C.R.S. § 38-12-207

Amended by 2020 Ch. 195,§ 5, eff. 6/30/2020.

L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-7. L. 81: (1) R&RE, p. 1815, § 5, effective June 9.

Section 38-12-208 - Remedies

(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 service was accomplished by personal service, the court shall determine and enter judgment for any amounts due to the landlord and shall calculate a pro rata daily rent amount that must be paid for the home to remain in the park. The court may rely upon information provided by the landlord or the landlord's attorney when determining the pro rata daily rent amount to be paid by the home owner. Upon receipt of the writ of restitution, the sheriff shall serve notice in accordance with the requirements of section 13-40-108, C.R.S., to the home owner of the court's decision and entry of judgment.

(b) The notice of judgment must state that, at a specified time not less than thirty days from the entry of judgment, which may be extended to not more than sixty days after the entry of judgment if the home owner has prepaid no later than thirty days after the court ruling to the landlord an amount equal to a pro rata share of rent for each day following the expiration of the initial thirty-day period after the court's ruling that the mobile home owner will remain on the premises, and in instances where the mobile home must be removed from the mobile home lot, the sheriff shall return to serve a writ of restitution and superintend the peaceful and orderly removal of the mobile home under that order of court. The notice of judgment must also advise the home owner, in instances where the mobile home must be removed from the mobile home lot, to prepare the mobile home for removal from the premises by removing the skirting, disconnecting utilities, attaching tires, and otherwise making the mobile home safe and ready for highway travel.

(c) Should the home owner fail to have the mobile home safe and ready for physical removal from the premises or should inclement weather or other unforeseen problems occur at the time specified in the notice of judgment, the landlord and the sheriff may, by written agreement, extend the time for the execution of the writ of restitution to allow time for the landlord to arrange to have the necessary work done or to permit the sheriff's execution of the writ of restitution at a time when weather or other conditions will make removal less hazardous to the mobile home.

 

(d) If the mobile home is not removed from the landlord's land on behalf of the mobile home owner within the time permitted by the writ of restitution, then the landlord and the sheriff shall have the right to take possession of the mobile home for the purposes of removal and storage. The liability of the landlord and the sheriff in such event shall be limited to gross negligence or willful and wanton disregard of the property rights of the home owner. The responsibility to prevent freezing and to prevent wind and weather damage to the mobile home lies exclusively with those persons who have a property interest in the mobile home; except that the landlord may take appropriate action to prevent freezing, to prevent wind and weather damage, and to prevent damage caused by vandals.

(e) Reasonable removal and storage charges and the costs associated with preventing damage caused by wind, weather, or vandals can be paid by any party in interest. Those charges will run with the mobile home, and whoever ultimately claims the mobile home will owe that sum to the person who paid it.

(2)

(a) Prior to the issuance of said writ of restitution, the court shall make a finding of fact based upon evidence or statements of counsel that there is or is not a security agreement on the mobile home being subjected to the writ of restitution. A written statement on the mobile home owner's application for tenancy with the landlord that there is no security agreement on the mobile home shall be prima facie evidence of the nonexistence of such security agreement.

(b) In those cases where the court finds there is a security agreement on the mobile home subject to the writ of restitution and where that holder of the security agreement can be identified with reasonable certainty, then, upon receipt of the writ of restitution, the plaintiff shall promptly inform the holder of such security agreement as to the location of the mobile home, the name of the landlord who obtained the writ of restitution, and the time when the mobile home will be subject to removal by the sheriff and the landlord.

(3) The remedies provided in part 1 of this article and article 40 of title 13, C.R.S., except as inconsistent with this part 2, shall be applicable to this part 2.

C.R.S. § 38-12-208

Amended by 2019 Ch. 281,§ 8, eff. 5/23/2019.

L. 73: p. 643, § 1. C.R.S. 1963: § 58-2-8. L. 79: Entire section R&RE, p. 1386, § 4, effective July 1. L. 87: (1)(a) to (1)(d) amended, p. 1313, § 8, effective May 8. L. 91: (1)(d) and (1)(e) amended, p. 1695, § 3, effective July 1. L. 2010: (1)(a) and (1)(b) amended, (SB 10-156), ch. 1589, p. 1589, § 7, effective July 1. L. 2019: (1)(b) amended, (HB 19-1309), ch. 2630, p. 2630, § 8, effective May 23.

(1) For security deposits to secure the performance of a rental agreement and the wrongful withholding of such, see §§ 38-12-101 to 38-12-104; for the general provisions for forcible entry and detainer, see §§ 13-40-101 to 13-40-123. (2) For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.

Section 38-12-209 - [Effective Until10/1/2022]Entry fees prohibited - security deposit - court costs

(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) Repealed.

(3) The trial judge may award court costs and attorney fees in any court action brought pursuant to any provision of this part 2 to the prevailing party upon finding that the prevailing party undertook the court action and legal representation for a legally sufficient reason and not for a dilatory or unfounded cause.

(4) The management or a resident may bring a civil action for violation of the rental agreement or any provision of this part 2 in the appropriate court of the county in which the park is located. Either party may recover actual damages or the court may in its discretion award such equitable relief as it deems necessary, including the enjoining of either party from further violations.

C.R.S. § 38-12-209

Amended by 2020 Ch. 195,§ 6, eff. 6/30/2020.

L. 75: Entire section added, p. 1414, § 1, effective July 1. L. 79: (1), IP(2), and (2)(b) amended and (3) added, p. 1387, § 5, effective July 1. L. 81: (2)(b) amended and (4) added, p. 1815, §§ 6, 7, effective June 9. L. 87: (2)(b) and (2)(e) amended, p. 1313, § 9, effective May 8. L. 2020: (2) repealed and (4) amended, (HB 20-1196), ch. 917, p. 917, § 6, effective June 30.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

Section 38-12-210 - Closed parks prohibited

(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 agent shall not give any special preference in renting to a prospective home owner who has purchased a mobile home from a particular seller.

(3) A seller of mobile homes shall not require as a condition of sale that a purchaser locate in a particular mobile home park or in any one of a particular group of mobile home parks.

(4) The owner or operator of a mobile home park shall treat all persons equally in renting or leasing available space. Notwithstanding the foregoing, nothing in this subsection (4) shall be construed to preclude owners and operators of mobile home parks from providing housing for older persons as defined in section 24-34-502(7)(b), C.R.S.

C.R.S. § 38-12-210

Amended by 2020 Ch. 195,§ 7, eff. 6/30/2020.

L. 75: Entire section added, p. 1414, § 1, effective July 1. L. 81: (4) added, p. 1815, § 8, effective June 9. L. 87: (1) and (2) amended, p. 1314, § 10, effective May 8. L. 92: (4) amended, p. 1128, § 12, effective July 1. L. 2020: (1) amended, (HB 20-1196), ch. 918, p. 918, § 7, effective June 30.

Section 38-12-211 - [Effective Until10/1/2022]Selling fees prohibited - "for sale" signs permitted

(1) Neither the owner of a mobile home park nor the owner's agent may require payment of any type of selling fee or transfer fee by either a home owner in the park wishing to sell the home owner's mobile home to another party or by any party wishing to buy a mobile home from a home owner in the park as a condition of tenancy in a park for the prospective buyer.

(2)

(a) This section does not prevent the owner of a mobile home park or the owner's agent from applying the normal park standards to prospective buyers before granting or denying tenancy or from charging a reasonable selling fee or transfer fee for services actually performed and agreed to in writing by a home owner.

(b) Nothing in this section shall be construed to affect the rent charged by a landlord to a home owner pursuant to a rental agreement.

(3) The owner of a mobile home may place a "for sale" sign on or in the owner's mobile home. The size, placement, and character of the sign is subject to reasonable rules and regulations of the mobile home park.

C.R.S. § 38-12-211

Amended by 2020 Ch. 195,§ 8, eff. 6/30/2020.

L. 75: Entire section added, p. 1415, § 1, effective July 1. L. 79: Entire section amended, p. 1388, § 6, effective July 1. L. 87: Entire section amended, p. 1314, § 11, effective May 8. L. 2020: Entire section amended, (HB 20-1196), ch. 918, p. 918, § 8, effective June 30.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

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Section 38-12-212.3 - [Effective10/1/2022]Responsibilities of landlord - acts prohibited

(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 reasonable use, and accessible to people with disabilities;

(II) A landlord is responsible for and shall pay the cost of the maintenance and repair of any sewer lines, water lines, utility service lines, or related connections owned and provided by the landlord to the utility pedestal or pad space for a mobile home located in the park; and

(III) A landlord shall ensure that:

(A) All plumbing lines and other utility connections owned and provided by the landlord to the utility pedestal or pad space for each mobile home in the park have plumbing and utility connections that conformed to applicable law in effect at the time they were installed and are maintained in good working order;

(B) Each pad space is connected to a sewage disposal system approved under applicable law; and

(C) Running water and reasonable amounts of water are furnished at all times to each utility pedestal or pad space; except that a landlord need not satisfy the conditions described in this subsection (1)(a)(III)(C) if a mobile home is individually metered and the tenant occupying the mobile home fails to pay for water services; the local government in which the mobile home park is situated shuts off water service to a mobile home for any reason; weather conditions present a likelihood that water pipes will freeze, water pipes to a mobile home are wrapped in heated pipe tape, and the utility company has shut off electrical service to a mobile home for any reason or the heat tape malfunctions for any reason; running water is not available for any other reason outside the landlord's control to prevent through reasonable and timely maintenance; or the landlord is making repairs or improvements to the items described in subsection (1)(a)(II) of this section, the landlord has provided reasonable advance notice to the mobile home residents of a service disruption that is required in connection with the repairs or improvements, and the service disruption continues for no longer than twenty-four hours.

(b) If a landlord fails to maintain or repair the items described in subsection (1)(a)(II) or (2)(b) of this section:

(I) The landlord is responsible for and shall pay the cost of repairing any damage to a mobile home or mobile home lot that results from the failure;

(II) The landlord is responsible for and shall pay the cost of providing alternative sources of potable water and maintaining portable toilets, which portable toilets are located reasonably near affected mobile homes in a manner that renders them accessible to people with disabilities, no later than twelve hours after the service disruption begins, unless conditions beyond the landlord's control prevent compliance with this subsection (1)(b)(II); and

(III) The landlord shall reimburse residents for any damages to their persons or property, for any loss of use of their property, and for any expenses that they reasonably incur as a result of the failure.

(c) A landlord shall give a minimum of forty-eight hours' notice to residents if water service will be disrupted for more than two hours for planned improvements, maintenance, or repairs. The landlord shall attempt to give a reasonable amount of notice to residents if water service will be disrupted for any other reasons unless conditions are such that providing the notice would result in property damage, health, or safety concerns or when conditions otherwise require emergency repair.

(2) In addition to the responsibilities described in subsection (1)(a) of this section, a landlord is responsible for:

 

(a) Any accessory buildings or structures, including sheds and carports, that are owned by the landlord and provided for the use of the residents; and

(b) The premises, including:

(I) Maintaining all common areas in clean condition, good repair, and in compliance with applicable health and safety laws; keeping common areas and facilities generally available for use by park residents; and keeping common areas accessible to people with disabilities;

(II) Maintaining roads and other pavement owned by the landlord in a passable, safe condition that is sufficient to provide access for residents' vehicles, emergency vehicles, vans providing transportation services to persons who are elderly or disabled, and school buses, if applicable, which maintenance includes snow removal, ensuring adequate drainage, and maintaining pavement above water lines;

(III) Maintaining lot grades, regrading lots as necessary to prevent the accumulation of stagnant water and the detrimental effects of moving water, and taking reasonably necessary steps to maintain the integrity of the foundation of each mobile home's utility pedestal or pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident's actions; and

(IV) Maintaining trees on the premises in a manner that protects the safety of residents of the park and their property, including the preservation of healthy, mature trees that home owners reasonably expected to remain on the premises when they signed their rental agreements, so long as such preservation does not pose a safety risk to any person, property, or infrastructure.

(3) A landlord shall not require a resident to assume any of the responsibilities described in subsection (1) or (2) of this section as a condition of tenancy in the park.

(4) Nothing in this section may be construed as:

(a) Limiting the liability of an individual for the cost of repairing any damage caused by the individual to the landlord's property or other property located in the park; or

(b) Restricting a landlord from requiring a home owner or resident to comply with rules and regulations of the park that are enforceable pursuant to section 38-12-214 or with terms of the rental agreement and any covenants binding upon the landlord or home owner or resident, including covenants running with the land that pertain to the cleanliness of the home owner's or resident's lot and routine lawn and yard maintenance, and excluding major landscaping projects.

(5) A landlord shall establish and maintain an emergency contact number, post the number in common areas of the park, and communicate the number to home owners and residents in each rental agreement and each revision of the park rules and regulations. A home owner or resident who uses the emergency contact number in a timely manner to report a problem with a condition described in subsection (1) or (2) of this section is deemed to have provided notice to the landlord of the problem.

(6) If a landlord fails to comply with the requirements of this section, a home owner of the park may file a complaint with the division of housing pursuant to the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104 . On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint. If the division finds by a written determination that the landlord has violated this section, the division may:

(a) Impose penalties, as described in section 38-12-1105(5);

(b) Issue an order to cease and desist, as described in section 38-12-1105(6);