2024 Colorado Revised Statutes
Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110)
TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409)
Article 12 - Tenants and Landlords (§§ 38-12-101 — 38-12-1409)
Part 2 - MOBILE HOME PARK ACT (§§ 38-12-200.1 — 38-12-224)
Section 38-12-213 - Rental agreement - disclosure of terms in writing - prohibited provisions

• (1) The management shall adequately disclose the terms and conditions of a tenancy in writing in a rental agreement in English, or upon request in both English and Spanish, to any prospective home owner before the rental or occupancy of a mobile home space or lot. The disclosures must include:
  • (a) The term of the tenancy and the amount of rent therefor, subject to the requirements of subsection (4) of this section;
  • (b) The day rental payment is due and payable;
  • (c) 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;
  • (d) The rules and regulations of the park then in effect;
  • (e) The name and mailing address where a manager's decision can be appealed; and
  • (f) All charges to the home owner other than rent, including late fees.

• (2) Said rental agreement shall be signed by both the management and the home owner, and each party shall receive a copy thereof.

• (3) The management and the home owner may include in a rental agreement terms and conditions not prohibited by this part 2.

• (4) The terms of tenancy shall be specified in a written rental agreement subject to the following conditions:
  • (a) The standard rental agreement shall be for a month-to-month tenancy.
  • (b) 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.
  • (c) 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.

• (5) A rental agreement shall not include any provision:
  • (a) By which a home owner waives any rights created by this part 2 or part 11 of this article 12;
  • (b) That requires a home owner to agree to a possessory lien;
  • (b.5) That requires a home owner to waive the opportunity to purchase the park allowed under section 38-12-217;
  • (c) That binds a home owner to arbitration in lieu of a civil trial; or
  • (d) 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.

• (6) Any provision of a rental agreement that is prohibited by subsection (5) of this section is against public policy, unenforceable, and void.

• (7) It is a violation of this part 2 for the management to require a home owner to sign a new lease or agreement in violation of this section or to mislead a home owner about the home owner's obligation to sign a new lease or agreement.

Amended by 2024 Ch. 399,§ 12, eff. 6/30/2024.

Amended by 2022 Ch. 255, § 14, eff. 10/1/2022.

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

Amended by 2021 Ch. 423, § 37, eff. 7/2/2021.

Amended by 2020 Ch. 195, § 12, eff. 6/30/2020.

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. 924, p. 924, § 12, effective June 30. L. 2021: (6) amended, (SB 21-266), ch. 2806, p. 2806, § 37, effective July 2; IP(1), (1)(c), (1)(e), and (1)(f) amended, (SB 21-173), ch. 2268, p. 2268, § 10, effective October 1.

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

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