There Is a Newer Version
of
this Section
2021 Colorado Code
Title 38 - Property - Real and Personal
Article 12 - Tenants and Landlords
Part 2 - Mobile Home Park Act
§ 38-12-213. Rental Agreement - Disclosure of Terms in Writing - Prohibited Provisions
Universal Citation:
CO Rev Stat § 38-12-213 (2021)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- The management shall adequately disclose the terms and conditions of a tenancy in writing in a rental agreement to any prospective home owner before the rental or occupancy of a mobile home space or lot. The disclosures must include:
- The term of the tenancy and the amount of rent therefor, subject to the requirements of subsection (4) of this section;
- The day rental payment is due and payable;
- The day when unpaid rent is considered in default for the purpose of establishing a late fee, which day may not be less than ten calendar days after the day rent is due and payable;
- The rules and regulations of the park then in effect;
- The name and mailing address where a manager's decision can be appealed; and
- All charges to the home owner other than rent, including late fees.
- Said rental agreement shall be signed by both the management and the home owner, and each party shall receive a copy thereof.
- The management and the home owner may include in a rental agreement terms and conditions not prohibited by this part 2.
- The terms of tenancy shall be specified in a written rental agreement subject to the following conditions:
- The standard rental agreement shall be for a month-to-month tenancy.
- Upon written request by the home owner to the landlord, the landlord shall allow a rental agreement for a fixed tenancy of not less than one year if the home owner is current on all rent payments and is not in violation of the terms of the then-current rental agreement; except that an initial rental agreement for a fixed tenancy may be for less than one year in order to ensure conformity with a standard anniversary date. A landlord shall not evict or otherwise penalize a home owner for requesting a rental agreement for a fixed period.
- A landlord may, in the landlord's discretion, allow a lease for a fixed period of longer than one year. In such circumstances, the requirements of paragraphs (a) and (b) of this subsection (4) shall not apply.
- A rental agreement may not include any provision:
- By which a home owner waives any rights created by this part 2 or part 11 of this article 12;
- That requires a home owner to agree to a possessory lien;
- That binds a home owner to arbitration in lieu of a civil trial; or
- That authorizes a third person to confess judgment on a claim that arises from the rental agreement, this part 2, or part 11 of this article 12.
- Any provision of a rental agreement that is prohibited by subsection (5) of this section is against public policy, unenforceable, and void.
History. Source: L. 81: Entire section added, p. 1815, § 9, effective June 9. L. 87: IP(1), (1)(f), (2), and (3) amended, p. 1314, § 12, effective May 8. L. 2005: (1)(a) amended and (4) added, p. 109, § 2, effective August 8. L. 2020: (5) and (6) added, (HB 20-1196), ch. 195, p. 924, § 12, effective June 30. L. 2021: (6) amended, (SB 21-266), ch. 423, p. 2806, § 37, effective July 2; IP(1), (1)(c), (1)(e), and (1)(f) amended, (SB 21-173), ch. 349, p. 2268, § 10, effective October 1.
Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.