reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 7.5 - EMINENT DOMAIN BY COUNTY REVITALIZATION AUTHORITIES - VESTING (§§ 38-7.5-101 — 38-7.5-107) › Section 38-7.5-104 - [Effective 8/7/2024] Withdrawals from deposit

(1)
Upon proper application to the court or by stipulation between the parties, the respondent may withdraw from the sum deposited pursuant to section 38-7.5-103 (2) An amount not to exceed three-fourths of the highest valuation evidenced by testimony presented by the petitioner to the commissioners unless the petitioner agrees to a larger withdrawal. All parties interested in the property sought to be acquired are required to consent and agree to any larger withdrawal.
(2)
Any withdrawal of a deposit is a partial payment of the amount of total compensation to be paid and must be deducted by the clerk of the court from any award or verdict entered thereafter.
(3)
Any party making a withdrawal of a deposit shall refund to the clerk of the court, upon the entry of a proper court order, any portion of the amount so withdrawn which exceeds the amount finally ascertained in the proceeding to be just compensation or damages, costs, or expenses owing to the party.
Added by 2024 Ch. 387,§ 2, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 7.5 - EMINENT DOMAIN BY COUNTY REVITALIZATION AUTHORITIES - VESTING (§§ 38-7.5-101 — 38-7.5-107) › Section 38-7.5-105 - [Effective 8/7/2024] Construction of article

The right to take possession and title before the final judgment as prescribed in this article 7.5 is in addition to any other right, power, or authority otherwise conferred by law and may not be construed as abrogating, limiting, or modifying any such other right, power, or authority, including the rights, powers, and authorities granted in articles 1 to 7 of this title 38. Should the provisions of this article 7.5 be invoked by any party, the final determination of the amount constituting just compensation must be determined pursuant to the provisions of article 1 of this title 38. Notwithstanding any other provision of this article 7.5, a county revitalization authority's eminent domain authority shall not exceed that of the county where the authority is located.
Added by 2024 Ch. 387,§ 2, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 7.5 - EMINENT DOMAIN BY COUNTY REVITALIZATION AUTHORITIES - VESTING (§§ 38-7.5-101 — 38-7.5-107) › Section 38-7.5-106 - [Effective 8/7/2024] Commissioners - other articles

Nothing in this article 7.5 prevents a commissioner appointed under this article 7.5 from being appointed pursuant to the provisions of articles 1 to 7 of this title 38 in the same eminent domain proceeding. Nothing in this article 7.5 prevents the appointment of a commissioner, for purposes of this article 7.5, who has previously been appointed in the same proceeding under the provisions of article 1 of this title 38.
Added by 2024 Ch. 387,§ 2, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 7.5 - EMINENT DOMAIN BY COUNTY REVITALIZATION AUTHORITIES - VESTING (§§ 38-7.5-101 — 38-7.5-107) › Section 38-7.5-107 - [Effective 8/7/2024] Interest

The petitioner shall pay interest as provided in section 38-1-116; except that no interest is allowed on that portion of the award which the respondent received or could have received as a partial payment by withdrawal from the sum deposited by the petitioner pursuant to section 38-7.5-103 (2).
Added by 2024 Ch. 387,§ 2, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 8 - FRAUDULENT TRANSFERS (§§ 38-8-101 — 38-8-112) › Section 38-8-101 - Short title

This article shall be known and may be cited as the "Colorado Uniform Fraudulent Transfer Act".
L. 91: Entire article added, p. 1681, § 1, effective July 1.
Colorado legislative change:
This section was numbered as section 12 in the uniform act. Colorado placed it here and renumbered the succeeding sections accordingly. Colorado also used its own numbering system for subsections and paragraphs within sections. Where necessary, these changes will be noted in the comments.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 8 - FRAUDULENT TRANSFERS (§§ 38-8-101 — 38-8-112) › Section 38-8-110 - Extinguishment of cause of action

(1)
A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought:
(a)
Under section
38-8-105(1)(a)
, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(b)
Under section
38-8-105(1)(b)
or
38-8-106(1)
, within four years after the transfer was made or the obligation was incurred; or
(c)
Under section
38-8-106(2)
, within one year after the transfer was made or the obligation was incurred.
L. 91: Entire article added, p. 1689, § 1, effective July 1.
Colorado legislative change:
This section was numbered as section 9 in the uniform act.
OFFICIAL COMMENT
(1) This section is new. Its purpose is to make clear that lapse of the statutory periods prescribed by the section bars the right and not merely the remedy. See Restatement of Conflict of Laws 2d § 143 Comments (b) and (c) (1971). The section rejects the rule applied in United States v. Gleneagles Inv. Co., 565 F.S. 556, 583 (M.D.Pa. 1983) (state statute of limitations held not to apply to action by United States based on Uniform Fraudulent Conveyance Act).
(2) Statutes of limitations applicable to the avoidance of fraudulent transfers and obligations vary widely from state to state and are frequently subject to uncertainties in their application. See Hesson, The Statute of Limitations in Actions to Set Aside Fraudulent Conveyances and in Actions Against Directors by Creditors of Corporations, 32 Cornell L.Q. 222 (1946); Annos., 76 A.L.R. 864 (1932), 128 A.L.R. 1289 (1940), 133 A.L.R. 1311 (1941), 14 A.L.R.2d 598 (1950), and 100 A.L.R.2d 1094 (1965). Together with § 6 (section
38-8-107
in C.R.S.), this section should mitigate the uncertainty and diversity that have characterized the decisions applying statutes of limitations to actions to fraudulent transfers and obligations. The periods prescribed apply, whether the action under this Act is brought by the creditor defrauded or by a purchaser at a sale on execution levied pursuant to § 7(b) (section
38-8-108(2)
in C.R.S.) and whether the action is brought against the original transferee or subsequent transferee. The prescription of statutory periods of limitation does not preclude the barring of an avoidance action for laches. See § 10 (section
38-8-111
in C.R.S.) and the accompanying Comment infra.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 8 - FRAUDULENT TRANSFERS (§§ 38-8-101 — 38-8-112) › Section 38-8-111 - Supplementary provisions

Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this article.
L. 91: Entire article added, p. 1689, § 1, effective July 1.
Colorado legislative change:
This section was numbered as section 10 in the uniform act.
OFFICIAL COMMENT
This section is derived from § 11 of the Uniform Fraudulent Conveyance Act and § 1-103 of the Uniform Commercial Code. The section adds a reference to "laches" in recognition of the particular appropriateness of the application of this equitable doctrine to an untimely action to avoid a fraudulent transfer. See Louis Dreyfus Corp. v. Butler, 496 F.2d 806, 808 (6th Cir. 1974) (action to avoid transfers to debtor's wife when debtor was engaged in speculative business held to be barred by laches or applicable statutes of limitations); Cooch v. Grier, 30 Del.Ch. 255, 265-66, 59 A.2d 282, 287-88 (1948) (action under the Uniform Fraudulent Conveyance Act held barred by laches when the creditor was chargeable with inexcusable delay and the defendant was prejudiced by the delay).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 8 - FRAUDULENT TRANSFERS (§§ 38-8-101 — 38-8-112) › Section 38-8-112 - Uniformity of application and construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article.
L. 91: Entire article added, p. 1689, § 1, effective July 1.
Colorado legislative change:
This section was numbered as section 11 in the uniform act. Colorado deleted the phrase "among states enacting it" from the end of this section.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-101 - Conveyances to defraud

Every conveyance of any estate or interest in the lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void.
R.S. p. 337, § 1. G.L. § 1251. G.S. § 1510. R.S. 08: § 2655. C.L. § 5100. CSA: C. 71, § 1. CRS 53: § 59-1-1. C.R.S. 1963: § 59-1-1.
For the statute of frauds as an affirmative defense, see C.R.C.P. 8(c).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-102 - Purchaser with notice - prior grantee privy

No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser, who has actual or legal notice thereof at the time of his purchase, unless it appears that the grantee in such conveyance or person to be benefited by such charge was privy to the fraud intended.
R.S. p. 338, § 2. G.L. § 1252. G.S. § 1511. R.S. 08: § 2656. C.L. § 5101. CSA: C. 71, § 2. CRS 53: § 59-1-2. C.R.S. 1963: § 59-1-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-103 - Conveyance determinable at will of grantor void

Every conveyance or charge of or upon any estate or interest in lands containing any provision for the revocation, determination, or alteration of such estate or interest, or any part thereof, at the will of the grantor shall be void as against subsequent purchasers from such grantor, for a valuable consideration, of any estate or interest so liable to be revoked, determined, or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge.
R.S. p. 338, § 3. G.L. § 1253. G.S. § 1512. R.S. 08: § 2657. C.L. § 5102. CSA: C. 71, § 3. CRS 53: § 59-1-3. C.R.S. 1963: § 59-1-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-104 - Power to revoke and reconvey

When the power to revoke a conveyance of any lands or the rents and profits thereof and to reconvey the same is given to any person other than the grantor in such conveyance and such person thereafter conveys the same lands, rents, or profits to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner and to the same extent as if the power of revocation were recited therein and the intent to revoke the former conveyance expressly declared.
R.S. p. 338, § 4. G.L. § 1254. G.S. § 1513. R.S. 08: § 2658. C.L. § 5103. CSA: C. 71, § 4. CRS 53: § 59-1-4. C.R.S. 1963: § 59-1-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-105 - Conveyance before power vests

If a conveyance to a purchaser under section
38-10-103
or
38-10-104
is made before the person making the same is entitled to execute his power of revocation, it shall nevertheless be valid from the time the power of revocation actually vests in such person, in the same manner and to the same extent as if then made.
R.S. p. 338, § 5. G.L. § 1255. G.S. § 1514. R.S. 08: § 2659. C.L. § 5104. CSA: C. 71, § 5. CRS 53: § 59-1-5. C.R.S. 1963: § 59-1-5.
For a conveyance determinable at the will of the grantor being void, see § 38-10-103; for the validity of the power to revoke a conveyance and reconvey, see § 38-10-104.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-106 - Conveyance - trust - power must be in writing

No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands or in any manner relating thereto shall be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance in writing subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
R.S. p. 338, § 6. G.L. § 1256. G.S. § 1515. R.S. 08: § 2660. C.L. § 5105. CSA: C. 71, § 6. CRS 53: § 59-1-6. C.R.S. 1963: § 59-1-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-107 - Not to affect will or trusts by operation of law

Section 38 -10-106 shall not be construed to affect in any manner the power of the testator in the disposition of his real estate by a last will and testament nor to prevent any trust from arising or being extinguished by implication or operation of law.
R.S. p. 338, § 7. G.L. § 1257. G.S. § 1516. R.S. 08: § 2661. C.L. § 5106. CSA: C. 71, § 7. CRS 53: § 59-1-7. C.R.S. 1963: § 59-1-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-108 - Contracts for interests in land - must be written

Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands is void unless the contract or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party by whom the lease or sale is to be made.
R.S. p. 339, § 8. G.L. § 1258. G.S. § 1517. R.S. 08: § 2662. C.L. § 5107. CSA: C. 71, § 8. CRS 53: § 59-1-8. C.R.S. 1963: § 59-1-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-109 - Authorized agent may subscribe instrument

Every instrument required to be subscribed by any party under section
38-10-108
may be subscribed by the agent of such party lawfully authorized by writing.
R.S. p. 339, § 9. G.L. § 1259. G.S. § 1518. L. 1887: p. 274, § 1. R.S. 08: § 2663. C.L. § 5108. CSA: C. 71, § 9. CRS 53: § 59-1-9. C.R.S. 1963: § 59-1-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-110 - Courts may enforce specific performance

Nothing in this article shall be construed to abridge the powers of courts of equity to compel the specific performance of agreements in cases of part performance of such agreement.
R.S. p. 339, § 10. G.L. § 1260. G.S. § 1519. R.S. 08: § 2664. C.L. § 5109. CSA: C. 71, § 10. CRS 53: § 59-1-10. C.R.S. 1963: § 59-1-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-111 - Trusts for use of grantor void against creditors

All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, or real property, made in trust for the use of the person making the same shall be void as against the creditors existing of such person.
R.S. p. 339, § 11. G.L. § 1261. G.S. § 1520. R.S. 08: § 2665. L. 21: p. 339, § 1. C.L. § 5110. CSA: C. 71, § 11. CRS 53: § 59-1-11. C.R.S. 1963: § 59-1-11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-111.5 - Trusts to establish or maintain eligibility for certain public assistance void - exceptions

Any trust established by or for a person that consists of the person's individual assets, income, or property of any kind is void for the purpose of establishing or maintaining eligibility for any public assistance as provided by article
2
of title
26
, child care assistance as provided by part 1 of article
4
of title
26.5
, or medical assistance as provided by articles
4
,
5
, and
6
of title
25.5
, unless the trust is established in accordance with the provisions of sections
15-14-412.6
to
15-14-412.9
.
Amended by 2022 Ch. 123, § 122, eff. 7/1/2022.
L. 94: Entire section added, p. 1604, § 12, effective July 1. L. 2000: Entire section amended, p. 1836, § 16, effective 1/1/2001. L. 2006: Entire section amended, p. 2022, § 117, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-112 - Void agreements

(1)
Except for contracts for the sale of goods which are governed by section
4-2-201
, C.R.S., and lease contracts which are governed by section
4-2.5-201
, C.R.S., in the following cases every agreement shall be void, unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith:
(a)
Every agreement that by the terms is not to be performed within one year after the making thereof;
(b)
Every special promise to answer for the debt, default, or miscarriage of another person;
(c)
Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.
(2)
Repealed.
R.S. p. 339, § 12. G.L. § 1262. G.S. § 1521. R.S. 08: § 2666. C.L. § 5111. CSA: C. 71, § 12. CRS 53: § 59-1-12. C.R.S. 1963: § 59-1-12. L. 69: p. 392, § 1. L. 77: (2) repealed, p. 340, § 47, effective 1/1/1978. L. 91: (1) amended, p. 321, § 5, effective 7/1/1992.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-113 - Goods sold at auction - memorandum

Whenever goods are sold at auction, and the auctioneer at the time of sale enters in a sale book a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person for whose account the sale is made, such memorandum shall be deemed a note of the contract of such sale within the meaning of section
38-10-112
.
R.S. p. 339, § 13. G.L. § 1263. G.S. § 1522. R.S. 08: § 2667. C.L. § 5112. CSA: C. 71, § 13. CRS 53: § 59-1-13. C.R.S. 1963: § 59-1-13.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-114 - No delivery or change of possession - effect

Except as otherwise provided in section
4-2-402
or
4-2.5-308
, C.R.S., or except where evidence of the transaction is included in the central registry maintained with respect to transactions relating to title to such goods and chattels, or is duly noted on the certificate of title to such goods and chattels by the authority issuing such certificate, or is included in the records of the proper filing office for a security interest in such goods and chattels under section
4-9-501
, C.R.S., or is a transaction described in section
4-9-309
or
4-9-310
, C.R.S., every sale made by a vendor of goods and chattels in his or her possession or under his or her control and every assignment of goods and chattels, unless each shall be accompanied by an immediate delivery and followed by an actual and continued change of possession of things sold or assigned, shall be presumed to be fraudulent and void as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith, unless the party opposed to the effect of the presumption shall establish that it is more probable than not that such sale or assignment was made by the seller or assignor in good faith and without any actual intent to hinder, delay, or defraud creditors or subsequent purchasers.
R.S. p. 339, § 14. G.L. § 1264. G.S. § 1523. R.S. 08: § 2668. C.L. § 5113. CSA: C. 71, § 14. CRS 53: § 59-1-14. C.R.S. 1963: § 59-1-14. L. 65: p. 1481, § 3. L. 83: Entire section amended, p. 1446, § 1, effective July 1. L. 91: Entire section amended, p. 1689, § 2, effective July 1; entire section amended, p. 321, § 6, effective 7/1/1992. L. 2001: Entire section amended, p. 1446, § 42, effective July 1.
Amendments to this section by House Bill 91-1080 and Senate Bill 91-129 were harmonized.
For rights of seller's creditors against sold goods, see § 4-2-402 .
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-115 - Creditors defined

"Creditors", as used in section
38-10-114
, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control.
R.S. p. 340, § 15. G.L. § 1265. G.S. § 1524. R.S. 08: § 2669. C.L. § 5114. CSA: C. 71, § 15. CRS 53: § 59-1-15. C.R.S. 1963: § 59-1-15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-116 - Lawful agent may subscribe

Every instrument required by any of the provisions of this article to be subscribed by any party may be subscribed by the lawful agent of such party.
R.S. p. 340, § 16. G.L. § 1266. G.S. § 1525. R.S. 08: § 2670. C.L. § 5115. CSA: C. 71, § 16. CRS 53: § 59-1-16. C.R.S. 1963: § 59-1-16.
For legality of subscription of a document by a lawful agent, see § 38-10-109.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-117 - Conveyances to defraud creditors void

(1)
Every conveyance or assignment in writing or otherwise of any estate or interest in lands, goods, or things in action or of any rents and profits issuing thereupon, and every charge upon lands, goods, or things in action or upon the rents and profits thereof made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and every bond or other evidence of debt given, suits commenced, or decree or judgment suffered with the like intent as against the person so hindered, delayed, or defrauded shall be void.
(2)
This section shall not apply to any transfer made or obligation incurred on or after July 1, 1991, and, for the applicability of this subsection (2), the time at which any such transfer or obligation is made or incurred shall be determined in accordance with the provisions of article
8
of this title.
R.S. p. 340, § 17. G.L. § 1267. G.S. § 1526. R.S. 08: § 2671. C.L. § 5116. CSA: C. 71, § 17. CRS 53: § 59-1-17. C.R.S. 1963: § 59-1-17. L. 91: Entire section amended, p. 1690, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-118 - Grant or assignment of trust

Every grant or assignment of any existing trust in lands, goods, or things in action, unless the same is in writing and subscribed by the party making the same or by his agent lawfully authorized, shall be void.
R.S. p. 340, § 18. G.L. § 1268. G.S. § 1527. R.S. 08: § 2672. C.L. § 5117. CSA: C. 71, § 18. CRS 53: § 59-1-18. C.R.S. 1963: § 59-1-18.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-119 - Conveyances void against heirs

Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this article as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives, or assignees of such creditors or purchasers.
R.S. p. 340, § 19. G.L. § 1269. G.S. § 1528. R.S. 08: § 2673. C.L. § 5118. CSA: C. 71, § 19. CRS 53: § 59-1-19. C.R.S. 1963: § 59-1-19.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-120 - Intent, question of fact - want of consideration

The question of fraudulent intent, in all cases arising under the provisions of this article, shall be deemed a question of fact and not of law; nor shall any conveyance or charge be adjudged fraudulent against creditors or purchasers solely on the ground that it was not founded on a valuable consideration.
R.S. p. 340, § 20. G.L. § 1270. G.S. § 1529. R.S. 08: § 2674. C.L. § 5119. CSA: C. 71, § 20. CRS 53: § 59-1-20. C.R.S. 1963: § 59-1-20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-121 - Purchaser with notice of fraud

The provisions of this article shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor or of the fraud rendering void the title of such grantor.
R.S. p. 340, § 21. G.L. § 1271. G.S. § 1530. R.S. 08: § 2675. C.L. § 5120. CSA: C. 71, § 21. CRS 53: § 59-1-21. C.R.S. 1963: § 59-1-21.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-122 - Construction of terms

"Lands", as used in this article, means lands, tenements, and hereditaments; and "estate and interest in lands" includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent in lands as defined in this section.
R.S. p. 340, § 22. G.L. § 1272. G.S. § 1531. R.S. 08: § 2676. C.L. § 5121. CSA: C. 71, § 22. CRS 53: § 59-1-22. C.R.S. 1963: § 59-1-22.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-123 - Term conveyance, how construed

"Conveyance", as used in this article, includes every instrument in writing, except a last will and testament, whatever may be its form and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.
R.S. p. 341, § 23. G.L. § 1273. G.S. § 1532. R.S. 08: § 2677. C.L. § 5122. CSA: C. 71, § 23. CRS 53: § 59-1-23. C.R.S. 1963: § 59-1-23.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › FRAUDS - STATUTE OF FRAUDS (§§ 38-8-101 — 38-10-124) › Article 10 - FRAUDS - STATUTE OF FRAUDS (§§ 38-10-101 — 38-10-124) › Section 38-10-124 - Credit agreements - required to be in writing

(1)
As used in this section, unless the context otherwise requires:
(a)
"Credit agreement" means:
(I)
A contract, promise, undertaking, offer, or commitment to lend, borrow, repay, or forbear repayment of money, to otherwise extend or receive credit, or to make any other financial accommodation;
(II)
Any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any of the credit agreements defined in subparagraphs (I) and (III) of this paragraph (a); and
(III)
Any representations and warranties made or omissions in connection with the negotiation, execution, administration, or performance of, or collection of sums due under, any of the credit agreements defined in subparagraphs (I) and (II) of this paragraph (a).
(b)
"Creditor" means a financial institution which offers to extend, is asked to extend, or extends credit under a credit agreement with a debtor.
(c)
"Debtor" means a person who or entity which obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.
(d)
"Financial institution" means a bank, savings and loan association, savings bank, credit union, or mortgage or finance company.
(2)
Notwithstanding any statutory or case law to the contrary, including but not limited to section
38-10-112
, no debtor or creditor may file or maintain an action or a claim relating to a credit agreement involving a principal amount in excess of twenty-five thousand dollars unless the credit agreement is in writing and is signed by the party against whom enforcement is sought.
(3)
A credit agreement may not be implied under any circumstances, including, without limitation, from the relationship, fiduciary or otherwise, of the creditor and the debtor or from performance or partial performance by or on behalf of the creditor or debtor, or by promissory estoppel.
Amended by 2013 Ch. 282,§ 71, eff. 7/1/2013.
L. 89: Entire section added, p. 1438, § 1, effective March 15. L. 2013: (1)(d) amended, (SB 13-154), ch. 282, p. 1489, § 71, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › JOINT RIGHTS AND OBLIGATIONS (§ 38-11-101) › Article 11 - JOINT TENANCY (§ 38-11-101) › Section 38-11-101 - Personal property in joint tenancy - how created - vesting upon death

(1)
An estate in joint tenancy in personal property is created if, in the instrument evidencing ownership of such property, it is declared that the property is conveyed, transferred, bequeathed, or held in joint tenancy or as joint tenants, whether or not additional words are used relating to tenancy in common or survivorship. The abbreviation "JTWROS" and the phrase "as joint tenants with right of survivorship" or "in joint tenancy with right of survivorship" shall have the same meaning. Upon the death of any such joint tenants, the title to and ownership of such personal property passes immediately to and vests in the surviving joint tenant or tenants. Any grantor or transferor in any such instrument of conveyance or transfer may also be one of the grantees or transferees therein.
(2)
Repealed.
(3)
Any such instrument evidencing ownership executed prior to July 1, 1996, as amended in compliance with subsection (1) of this section shall be deemed to have created an estate in joint tenancy.
L. 37: p. 792, § 1. CSA: C. 92, § 17. L. 39: p. 286, § 1. CRS 53: § 76-1-5. L. 59: p. 528, § 1. C.R.S. 1963: § 76-1-5. L. 96: Entire section amended, p. 661, § 14, effective July 1. L. 2002: (2) amended, p. 1361, § 13, effective July 1. L. 2003: (2) repealed, p. 2002, § 66, effective May 22.
For joint tenancy in real property, see article 31 of this title; for joint tenancy in bank accounts, see § 11-105-105 and article 15 of title 15; for joint rights and obligations generally, see article 50 of title 13.
2023 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 1 - SECURITY DEPOSITS - WRONGFUL WITHHOLDING (§§ 38-12-101 — 38-12-106) › 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.
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).
2023 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 1 - SECURITY DEPOSITS - WRONGFUL WITHHOLDING (§§ 38-12-101 — 38-12-106) › 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
(6.5), 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)
.
Amended by 2023 Ch. 303,§ 83, eff. 8/7/2023.
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.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 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 1 - SECURITY DEPOSITS - WRONGFUL WITHHOLDING (§§ 38-12-101 — 38-12-106) › Section 38-12-102.5 - Security deposits - maximum amount

On and after August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement.
Added by 2023 Ch. 402,§ 5, eff. 8/7/2023.
2023 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 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 1 - SECURITY DEPOSITS - WRONGFUL WITHHOLDING (§§ 38-12-101 — 38-12-106) › Section 38-12-106 - Security deposits - limitation on pet security deposit and rent - definition

(1)
A landlord shall not demand or receive an additional security deposit of more than three hundred dollars from a prospective or current tenant as a condition of permitting the tenant's pet animal to reside at the residential premises with the tenant, and the security deposit must be refundable to the tenant.
(2)
A landlord shall not demand or receive additional rent from a tenant as a condition of permitting the tenant's pet animal to reside at the residential premises with the tenant in an amount that exceeds thirty-five dollars per month or one and one-half percent per month of the tenant's monthly rent, whichever amount is greater.
(3)
As used in this section, "pet animal" has the same meaning as set forth in section
35-80-102 (10)
.
L. 2023: Entire section added, (HB 23-1068), ch. 2464, p. 2464, § 4, effective 1/1/2024.
For the legislative declaration in HB 23-1068, see section 1 of chapter 416, Session Laws of Colorado 2023.
2023 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 38-12-200.1 - Short title

This part 2 shall be known and may be cited as the "Mobile Home Park Act".
L. 85: Entire section added, p. 1198, § 1, effective June 6.
2023 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 38-12-200.2 - 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, the owner of a mobile home situated in such park, and residents in the park.
Amended by 2022 Ch. 255,§2, eff. 10/1/2022.
L. 85: Entire section added, p. 1198, § 1, effective June 6.
2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 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 38-12-201 - Application of part 2

(1)
This part 2 applies only to manufactured homes as defined in section
42-1-102
(48.8).
(2)
Repealed.
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).
2023 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 38-12-201.3 - 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.
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.
2023 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 38-12-202.5 - 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.
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.
2023 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 38-12-204.5 - Eviction for rule violation - stay of eviction proceeding - rules challenge

If a resident is a defendant in a forcible entry and detainer complaint filed in either county or district court, and the resident has also submitted a pending complaint through the "Mobile Home Park Act Dispute Resolution and Enforcement Program", created in section 38-12-1104, that is related to the forcible entry and detainer action, the resident may provide a copy of their administrative complaint to the appropriate court of jurisdiction. Upon receiving confirmation of the pending administrative complaint, the court shall automatically stay any hearing on the forcible entry and detainer complaint for at least twenty-one calendar days, during which the division is encouraged to review and conduct an initial assessment of the complaint. The court at its discretion may stay the forcible entry and detainer complaint for longer than twenty-one calendar days to allow for appropriate investigation and adjudication of the pending administrative complaint. The resident shall also make reasonable efforts to inform administrators of the dispute resolution program of the pending forcible entry and detainer action, for the dispute resolution program to prioritize expedient resolution of the pending administrative complaint. This section does not apply to evictions filed pursuant to section 38-12-203(1)(f).
Added by 2024 Ch. 399,§ 6, eff. 6/4/2024.
2023 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 38-12-205 - 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.
L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-5. L. 87: Entire section amended, p. 1312, § 6, effective May 8.
2023 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 38-12-207 - 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.
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.