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 5 - OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES -UNLAWFUL REMOVAL (§§ 38-12-501 — 38-12-512)
Section 38-12-511 - Application

• (1) Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements:
  • (a) Residence at a public or private institution, if such residence is incidental to detention or the provision of medical, geriatric, education, counseling, religious, or similar service;
  • (b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser, seller, or a person who succeeds to the occupant's interest; except that this subsection (1)(b) does not apply to a tenant occupying a dwelling unit under a lease-to-own contract;
  • (c) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
  • (d) Transient occupancy in a hotel or motel that lasts less than thirty days;
  • (e) Occupancy by an employee or independent contractor whose right to occupancy is conditional upon performance of services for an employer or contractor;
  • (f) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
  • (g) Occupancy in a structure that is located within an unincorporated area of a county, does not receive water, heat, and sewer services from a public entity, and is rented for recreational purposes, such as a hunting cabin, yurt, hut, or other similar structure;
  • (h) Occupancy under rental agreement covering a residential premises used by the occupant primarily for agricultural purposes; or
  • (i) Any relationship between the owner of a mobile home park and the owner of a mobile home situated in the park.

• (2) Nothing in this part 5 shall be construed to limit remedies available elsewhere in law for a tenant to seek to maintain safe and sanitary housing.

• (3) Except as described in subsection (1) of this section, this part 5 applies to all residential premises occupied by a tenant regardless of how the tenancy, rental agreement, or housing arrangement is denominated.

• (4) A claim, counterclaim, or action brought under this part 5 shall not have any preclusive effect on a tenant's ability to assert other claims in a subsequent action against the landlord for the same injury or arising from the same subject matter or transaction.

Amended by 2024 Ch. 158,§ 10, eff. 5/3/2024, app. to actions related to violations of part 5 of article 12 of title 38 that are filed on or after the effective date.

L. 2008: Entire part added, p. 1827, § 3, effective September 1.

Section 15 of chapter 158 (SB 24-094), Session Laws of Colorado 2024, provides that the act changing this section applies to actions related to violations of this part 5 that are filed on or after May 3, 2024.