reglab/statecodes huggingface dataset:
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 38-12-209 - Fees prohibited

(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) to (4)
Repealed.
(5)
A landlord shall not charge a resident or a home owner any fee, penalty, or any other cost for refusing to sign a new lease or for residing under a month-to-month or other periodic tenancy.
Amended by 2024 Ch. 399,§ 8, eff. 6/4/2024.
Amended by 2022 Ch. 255, § 9, eff. 10/1/2022.
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 L. 2020: (2) repealed and (4) amended, (HB 20-1196), ch. 917, p. 917, § 6, effective June 30.
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 38-12-210 - 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.
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.
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 38-12-211 - Selling and transfer fees prohibited - "for sale" signs permitted

(1)
A landlord shall not require payment of any type of selling fee or transfer fee by a home owner in the park wishing to sell the home owner's mobile home to another party, a home owner wishing to remove the home owner's mobile home from the park, or 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. This subsection (1) does not prohibit the landlord from charging a rental application fee that complies with section
38-12-903
if the prospective buyer is buying the mobile home in place and is applying for tenancy in the park.
(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.
Amended by 2022 Ch. 255,§10, eff. 10/1/2022.
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.
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 38-12-212 - Certain types of landlord-seller agreements prohibited

A seller of mobile homes shall not pay or offer cash or other consideration to the owner of a mobile home park or the park owner's agent for the purpose of reserving spaces or otherwise inducing acceptance of one or more mobile homes in a mobile home park.
Amended by 2020 Ch. 195,§ 9, eff. 6/30/2020.
L. 75: Entire section added, p. 1415, § 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 38-12-212.4 - Required disclosure and notice of water usage and billing - responsibility for leaks

(1)
If the management charges home owners or residents individually for water usage in the park, then, on or before January 31 of each year, the management shall provide to each home owner and resident and post in both English and Spanish in a clearly visible location in at least one common area of the mobile home park the following information:
(a)
The methodology by which the management calculates the amount charged to each home owner or resident for water usage on the home owner's or resident's lot;
(b)
The methodology by which the management calculates the amount charged to each home owner or resident for water usage in common areas of the mobile home park; and
(c)
The current residential water rate schedule of the water utility or municipal water service provider that supplies water to the park.
(2)
If the management charges home owners or residents for water usage in the park, whether individually or in an aggregate amount, the management shall provide to each home owner or resident a monthly water bill that indicates the amount owed by the home owner or resident, the total amount owed by all the residents in the mobile home park, and, if the management purchases the water from a provider, the total amount paid by the management to the provider.
(3)
The management shall not charge a home owner or resident for any costs in addition to the actual cost of water billed to the management.
(4)
The management shall use a methodology that is reasonable, equitable, and consistent for billing home owners or residents for any type of water usage.
(5)
If the management learns of a leak in a water line inside the park, the management shall notify each home owner and resident of the leak within twenty-four hours.
(6)
The management shall not bill a home owner or resident for any water usage that is caused by a leak in a water line inside the park.
Amended by 2022 Ch. 255,§12, eff. 10/1/2022.
Added by 2020 Ch. 195,§11, eff. 6/30/2020.
L. 2020: Entire section added, (HB 20-1196), ch. 922, p. 922, § 11, effective June 30.
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 38-12-212.7 - Landlord utilities account

(1)
Whenever a landlord contracts with a utility for service to be provided to a resident, the usage of which is to be measured by a master meter or other composite measurement device, such landlord shall remit to the utility all moneys collected from each resident as payment for the resident's share of the charges for such utility service within forty-five days of the landlord's receipt of payment.
(2)
If a landlord fails to timely remit utility moneys collected from residents as required by subsection (1) of this section, such utility may, after written demand therefor is served upon the landlord, require the landlord to deposit an amount equal to the average daily charge for the usage of such utility service for the preceding twelve months multiplied by the sum of ninety.
(3)
Any utility which prevails in an action brought to enforce the provisions of this section shall be entitled to an award of its reasonable attorney fees and court costs.
L. 91: Entire section added, p. 1679, § 1, effective April 19.
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 38-12-215 - New developments and parks - rental of sites to dealers authorized

(1)
The management of a new mobile home park or manufactured housing community development may require as a condition of leasing a mobile home site or manufactured home site for the first time such site is offered for lease that the prospective lessee has purchased a mobile home or manufactured home from a particular seller or from any one of a particular group of sellers.
(2)
A licensed mobile home dealer or a manufactured home dealer may, by contract with the management of a new mobile home park or manufactured housing community development, be granted the exclusive right to first-time rental of one or more mobile home sites or manufactured home sites.
L. 81: Entire section added, p. 1816, § 9, effective June 9.
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 38-12-216 - Mediation, when permitted - court actions

(1)
In any controversy between the management and a home owner of a mobile home park arising out of the provisions of this part 2, except for the nonpayment of rent or in cases in which the health or safety of other home owners is in imminent danger, such controversy may be submitted to mediation by either party prior to the filing of a forcible entry and detainer lawsuit upon agreement of the parties.
(2)
The agreement, if one is reached, shall be presented to the court as a stipulation. Either party to the mediation may terminate the mediation process at any time without prejudice.
(3)
If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief.
L. 81: Entire section added, p. 1815, § 9, effective June 9; (2) amended, p. 2034, § 54, effective July 14. L. 87: (1) amended, p. 1315, § 14, 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 38-12-218 - Mobile home owners - right to form a cooperative

One or more members of a homeowners' association may, at any time, form a cooperative for the purposes of offering to purchase or finance a mobile home park. A home owner shall be a member of the homeowners' association in order to participate in the cooperative, and participation in the cooperative shall be voluntary.
L. 2005: Entire section added, p. 110, § 4, effective August 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 38-12-219 - Home owners' and landlords' rights

(1)
Every home owner and landlord has a private right of action pursuant to section
38-12-203
or
38-12-220
to enforce the following:
(a)
Protection from abuse or disregard of state or local law by the landlord and home owners. Abuse or disregard of state or local law includes, but is not limited to:
(I)
Oral or written statements that threaten eviction of a home owner for violations that are not grounds to terminate a tenancy under section
38-12-203
;
(II)
Misleading a home owner about the home owner's obligation to sign a new lease or agreement; or
(III)
Taking, possessing, or depriving a home owner or resident of his or her property or property rights without due process of law, including the opportunity for a judicial or administrative hearing.
(b)
Peaceful enjoyment of the home owner's mobile home space, free from unreasonable, arbitrary, or capricious rules and enforcement thereof; and
(c)
Tenancy free from harassment or frivolous lawsuits by the landlord and home owners.
(2)
The rights and obligations set forth in subsections (1)(a)(III), (1)(b), and (1)(c) of this section are not subject to enforcement through the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in part 11 of this article 12.
Amended by 2022 Ch. 255, § 17, eff. 10/1/2022.
L. 2005: Entire section added, p. 110, § 4, effective August 8.
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 38-12-221 - Access by counties and municipalities

Notwithstanding any other provision of law, upon a finding that the utilities in a park create a significant health or safety danger to park residents, the landlord of a mobile home park shall grant county or municipal officers or employees access to the mobile home park for the purposes of investigating or conducting a study related to such danger.
L. 2010: Entire section added, (SB 10-156), ch. 343, p. 1591, §11, 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 38-12-222 - Residents' right to privacy

(1)
(a)
The management shall respect the privacy of home owners. Except as otherwise provided by law, the management has no right of entry to a mobile home:
(I)
Without first obtaining the written consent of the home owner;
(II)
As described in subsection (2) of this section;
(III)
In the case of an emergency; or
(IV)
When the mobile home has been abandoned.
(b)
A home owner may revoke consent in writing at any time.
(2)
Unless otherwise prohibited by law, the management has a right of entry to mobile home space to fulfill the duties described in section
38-12-212.3
and to ensure compliance with applicable codes, statutes, ordinances, and administrative rules; the rental agreement; and the rules and regulations of the park. A landlord shall not enter in a manner that interferes with a resident's peaceful enjoyment of the mobile home space, as described in section
38-12-219 (1)(b)
, except in the case of an emergency.
(3)
Except when posting notices that are required by law or by a rental agreement, the management shall make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least seventy-two hours before entry. The notification must include the date and approximate time of the planned entry and must be delivered in a manner that is reasonably likely to be seen or heard by the resident in a timely manner.
Amended by 2024 Ch. 113,§ 12, eff. 4/19/2024.
Amended by 2022 Ch. 255, § 19, eff. 10/1/2022.
Added by 2020 Ch. 195, § 14, eff. 6/30/2020.
L. 2020: Entire section added, (HB 20-1196), ch. 926, p. 926, § 14, effective June 30.
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 38-12-224 - [Effective 8/7/2024] Broadband internet service providers' access to property

A provider may access and install any necessary broadband facilities to provide broadband service to any mobile home in a mobile home park pursuant to part 5 of article 27 of title 29. A property owner of a mobile home park is granted all rights afforded to a property owner in accordance with part 5 of article 27 of title 29.
Added by 2024 Ch. 218,§ 2, eff. 8/7/2024.
2024 Ch. 218, 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 3 - LOCAL CONTROL OF RENTS PROHIBITED (§§ 38-12-301 — 38-12-302) › Section 38-12-301 - Control of rents by counties and municipalities prohibited - legislative declaration

(1)
The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit.
(2)
For purposes of subsection (1) of this section, an ordinance or resolution that would control rent on either private residential property or a private residential housing unit shall not include:
(a)
A voluntary agreement between a county or municipality and a permit applicant or property owner to limit rent on the property or unit or that is otherwise designed to provide affordable housing stock; or
(b)
The placement on the title to the unit of a deed restriction that limits rent on the property or unit or that is otherwise designed to provide affordable housing stock pursuant to a voluntary agreement between a county or municipality and a permit applicant or property owner to place the deed restriction on the title.
(3)
An agreement authorized pursuant to subsection (2) of this section may specify how long either private residential property or a private residential housing unit is subject to its terms, whether a subsequent property owner is subject to the agreement, and remedies for early termination agreed to by both the permit applicant or property owner and the county or municipality.
(4)
Notwithstanding any other provision of this section, a county or municipality may not deny an application for a development permit as defined in section
29-20-103(1)
, C.R.S., because an applicant for such a permit declines to enter into an agreement to limit rent on either private residential property or a private residential housing unit.
(5)
This section is not intended to impair the right of any state agency, county, or municipality to manage and control any property in which it has an interest through a housing authority or similar agency.
L. 81: Entire part added, p. 1818, § 1, effective June 23. L. 2010: Entire section amended, (HB 10-1017), ch. 208, p. 906, §1, effective September 1.
Section 2 of chapter 208, Session Laws of Colorado 2010, provides that the act amending this section applies to agreements entered into before, on, or after September 1, 2010.
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 3 - LOCAL CONTROL OF RENTS PROHIBITED (§§ 38-12-301 — 38-12-302) › Section 38-12-302 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Municipality" means a city or town and, in addition, means a city or town incorporated prior to July 3, 1877, whether or not reorganized, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution.
L. 81: Entire part added, p. 1818, § 1, effective June 23.
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 4 - VICTIMS OF UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, AND DOMESTIC ABUSE (§§ 38-12-401 — 38-12-402) › Section 38-12-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Application assistant" has the same meaning provided in section
24-30-2103 (4)
.
(2)
"Domestic abuse" has the same meaning as provided in section
13-14-101 (2)
.
(3)
"Domestic violence" has the same meaning as provided in section
18-6-800.3 (1)
.
(4)
"Medical professional" means a person licensed to practice medicine pursuant to article
240
of title
12
or to practice nursing or as a certified midwife pursuant to part 1 of article
255
of title
12
.
(5)
"Stalking" means the criminal offense described in section
18-3-602
.
(6)
"Unlawful sexual behavior" means the criminal offense described in section
16-22-102 (9)
.
Amended by 2023 Ch. 261,§ 67, eff. 5/25/2023.
Amended by 2020 Ch. 157, § 69, eff. 7/1/2020.
Amended by 2019 Ch. 136, § 229, eff. 10/1/2019.
Part 4 heading and this section amended by 2017 Ch. 276, § 1, eff. 6/1/2017.
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 5 - OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES -UNLAWFUL REMOVAL (§§ 38-12-501 — 38-12-512) › Section 38-12-501 - Legislative declaration - matter of statewide concern - purposes and policies

(1)
The general assembly hereby finds and declares that the provisions of this part 5 are a matter of statewide concern. Any local government ordinance, resolution, or other regulation that is in conflict with this part 5 shall be unenforceable.
(2)
The underlying purposes and policies of this part 5 are to:
(a)
Simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;
(b)
Encourage landlords and tenants to maintain and improve the quality of housing;
(c)
Make uniform the law with respect to the subject of this part 5 throughout Colorado.
(d)
Promote public health by ensuring rental housing is safe and healthy for tenants; and
(e)
Protect and provide remedies for tenants who experience uninhabitable conditions at their residential premises.
(3)
This part 5 should be broadly interpreted to achieve its intended purpose.
Amended by 2024 Ch. 158,§ 1, 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. 1820, § 3, effective September 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 5 - OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES -UNLAWFUL REMOVAL (§§ 38-12-501 — 38-12-512) › Section 38-12-504 - Tenant's maintenance of premises

(1)
In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to:
(a)
Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety;
(b)
Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit;
(c)
Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner;
(d)
Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;
(e)
Conduct himself or herself and require other persons in the residential premises within the tenant's control to conduct themselves in a manner that does not disturb their neighbors' peaceful enjoyment of the neighbors' dwelling unit; or
(f)
Promptly notify the landlord if the residential premises is uninhabitable as defined in section
38-12-505
or if there is a condition that could result in the premises becoming uninhabitable if not remedied.
(2)
In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.
(3)
Nothing in this section shall be construed to authorize a modification of a landlord's obligations under This part 5.
Amended by 2024 Ch. 158,§ 4, 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. 1822, § 3, effective September 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 5 - OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES -UNLAWFUL REMOVAL (§§ 38-12-501 — 38-12-512) › Section 38-12-506 - Exception for certain single-family residences

(1)
For a single-family residence premises for which a landlord does not receive a subsidy from any governmental source, a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling necessary to comply with section
38-12-503
, subject to the following requirements:
(a)
The agreement of the landlord and tenant is entered into in good faith and is set forth in a writing that is separate from the rental agreement, signed by the parties, and supported by adequate consideration; and
(b)
The tenant has the requisite skills to perform the work required to comply with section
38-12-503 (1)
.
(2)
To the extent that performance by a tenant relates to a characteristic set forth in section
38-12-505 (1)
, the tenant assumes the obligation for the characteristic, and the lack of the characteristic does not make the residential premises uninhabitable.
(3)
Notwithstanding subsections (1) and (2) of this section, a landlord and tenant shall not enter into an agreement for the repair, maintenance, alteration, remodeling, or remediation of a residential premises that is necessary to comply with section
38-12-503
that would endanger the health or safety of the tenant.
Amended by 2023 Ch. 169,§ 5, eff. 5/12/2023.
Amended by 2019 Ch. 229, § 5, eff. 8/2/2019.
L. 2008: Entire part added, p. 1823, § 3, effective September 1.
Section 10 of chapter 229 (HB 19-1170), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
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 5 - OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES -UNLAWFUL REMOVAL (§§ 38-12-501 — 38-12-512) › Section 38-12-508 - Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach

(1)
It is a defense to a tenant's claim of breach of the warranty of habitability that the tenant's actions or inactions prevented the landlord from remedying or repairing the condition underlying the breach of the warranty of habitability. For a landlord to prevail on such defense to a tenant's claim of breach of the warranty of habitability, a landlord must demonstrate that:
(a)
The tenant:
(I)
Refused to provide or accept a proposed reasonable alternative date and time for entry into the dwelling unit;
(II)
Unreasonably denied entry to the dwelling unit; or
(III)
Engaged in any other action or inaction that unreasonably delayed or otherwise prevented the landlord from commencing, maintaining, or completing the remedial action; and
(b)
The tenant's actions described in subsection (1)(a) of this section made it impracticable for the landlord to reasonably remedy or repair the condition.
(2)
[Repealed by 2024 Amendment.]
(3)
Repealed.
(4)
[Repealed by 2024 Amendment.]
(5)
If the condition alleged to breach the warranty of habitability is the result of the action or inaction of a third party not under the direction and control of the landlord and the landlord has taken reasonable, necessary, and timely steps to remedy or repair the condition, but is unable to remedy or repair the condition due to circumstances beyond the landlord's reasonable control, the tenant's only remedy is termination of the rental agreement consistent with section
38-12-507 (1)(a)
.
(6)
For public housing authorities and other housing providers receiving federal financial assistance directly from the federal government, no provision of this part 5 in direct conflict with any federal law or regulation shall be enforceable against such housing provider.
Amended by 2024 Ch. 158,§ 7, 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.
Amended by 2024 Ch. 113,§ 13, eff. 4/19/2024.
Amended by 2019 Ch. 229, § 7, eff. 8/2/2019.
L. 2008: Entire part added, p. 1825, § 3, effective September 1.
Section 10 of chapter 229 (HB 19-1170), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
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 5 - OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES -UNLAWFUL REMOVAL (§§ 38-12-501 — 38-12-512) › Section 38-12-510 - Unlawful removal or exclusion

(1)
It is unlawful for a landlord to remove or exclude a tenant from a dwelling unit without resorting to court process, unless the removal or exclusion is consistent with article
18.5
of title
25
and the rules promulgated by the state board of health for the cleanup of an illegal drug laboratory; is with the mutual consent of the landlord and tenant; or unless the dwelling unit has been abandoned by the tenant, as evidenced by the return of keys, the substantial removal of the tenant's personal property, notice by the tenant, or the extended absence of the tenant while rent remains unpaid, any of which would cause a reasonable person to believe the tenant had permanently surrendered possession of the dwelling unit. Unlawful removal or exclusion includes the willful termination of utilities or the willful removal of doors, windows, or locks to the premises other than as required for repair or maintenance. If the landlord willfully and unlawfully removes the tenant from the premises or willfully and unlawfully causes the termination of heat, running water, hot water, electric, gas, or other essential services, the tenant may seek any remedy available under the law, including this part 5.
(2)
A tenant affected by a violation of this section may bring a civil action in a county court or district court of competent jurisdiction to restrain further violations and to recover damages, costs, and reasonable attorney fees. In the case of a violation, the tenant must be awarded statutory damages equal to the tenant's actual damages and the higher amount of either three times the monthly rent or five thousand dollars, as well as any other damages, attorney fees, and costs that may be owed.
(3)
A court may also order that possession be restored to a tenant who was affected by a violation of this section.
Amended by 2024 Ch. 158,§ 9, 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.
Amended by 2021 Ch. 349, § 13, eff. 10/1/2021.
L. 2008: Entire part added, p. 1826, § 3, effective September 1. L. 2021: Entire section amended, (SB 21-173), ch. 2270, p. 2270, § 13, 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 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.
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 7 - NOTICE OF RENT INCREASE (§§ 38-12-701 — 38-12-702) › Section 38-12-701 - Notice of rent increase

(1)
Notwithstanding any other law, in a nonresidential tenancy of one month or longer but less than six months in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least twenty-one days' notice to the tenant.
(2)
(a)
Notwithstanding any other law, in a residential tenancy in which there is no written agreement between the landlord and tenant, a landlord may increase the rent only upon at least sixty days' written notice to the tenant.
(b)
A landlord shall not terminate a residential tenancy in which there is no written agreement by serving a tenant with a notice to terminate tenancy with the primary purpose of increasing a tenant's rent in a manner inconsistent with this section.
Amended by 2024 Ch. 113,§ 11, eff. 4/19/2024.
Amended by 2021 Ch. 348, § 4, eff. 6/25/2021.
Added by 2017 Ch. 352, § 1, eff. 8/9/2017.
L. 2017: Entire part added, (SB 17-245), ch. 1837, p. 1837, § 1, effective August 9. L. 2021: Entire section amended, (HB 21-1121), ch. 2260, p. 2260, § 4, effective June 25.
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 7 - NOTICE OF RENT INCREASE (§§ 38-12-701 — 38-12-702) › Section 38-12-702 - Limit on frequency of residential rent increases

(1)
In residential tenancies, 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.
Added by 2021 Ch. 348,§5, eff. 6/25/2021.
L. 2021: Entire section added, (HB 21-1121), ch. 2261, p. 2261, § 5, effective June 25.
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 8 - REQUIRED DOCUMENTATION (§§ 38-12-801 — 38-12-803) › Section 38-12-802 - Tenant payment - receipts

Upon receiving any payment made in person by a tenant with cash or a money order, a landlord shall contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment. If the landlord receives a payment that is not delivered in person by the tenant with cash or a money order, if requested by the tenant, the landlord shall, within seven days after the request, provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment, unless there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment. A landlord may provide the tenant with an electronic receipt, unless the tenant requests a paper receipt, in which case the landlord shall provide the tenant with a paper receipt. For purposes of this section, a receipt may be included as part of a billing statement.
Added by 2018 Ch. 61,§ 2, eff. 8/8/2018.
L. 2018: Entire part added, (SB 18-010), ch. 61, p. 609, § 2, effective August 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 9 - RENTAL APPLICATION FAIRNESS ACT (§§ 38-12-901 — 38-12-905) › Section 38-12-901 - Short title

The short title of this part 9 is the "Rental Application Fairness Act".
Added by 2019 Ch. 129,§ 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1106), ch. 581, p. 581, § 1, effective August 2.
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 9 - RENTAL APPLICATION FAIRNESS ACT (§§ 38-12-901 — 38-12-905) › Section 38-12-903 - Rental application fee - limitations

(1)
A landlord shall not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. The landlord's costs may be based on:
(a)
The actual expense the landlord incurs in processing the rental application; or
(b)
The average expense the landlord incurs per prospective tenant in the course of processing multiple rental applications.
(2)
A landlord shall not charge a prospective tenant a rental application fee:
(a)
That is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:
(I)
The same dwelling unit; or
(II)
If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord; or
(b)
If the prospective tenant provides to the landlord a portable tenant screening report pursuant to section
38-12-904
(1.5).
(3)
(a)
A landlord shall provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or an itemization of the landlord's actual expenses incurred. If a landlord charges an amount based on the average cost of processing the rental application, the landlord shall include information regarding how that average rental application fee is determined.
(b)
A landlord shall provide every prospective tenant with a receipt for any application fee received. The landlord may provide a prospective tenant an electronic receipt unless the prospective tenant requests a paper receipt, in which case the landlord shall provide the prospective tenant a paper receipt.
(4)
A landlord who receives a rental application fee from a prospective tenant and does not use the entire amount of the fee to cover the landlord's costs in processing the rental application shall remit to the prospective tenant the remaining amount of the fee. The landlord shall make a good-faith effort to remit such amount within twenty calendar days after processing the application.
Amended by 2023 Ch. 151,§ 2, eff. 8/7/2023.
Added by 2019 Ch. 129, § 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1106), ch. 582, p. 582, § 1, effective August 2.
2023 Ch. 151, 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 9 - RENTAL APPLICATION FAIRNESS ACT (§§ 38-12-901 — 38-12-905) › Section 38-12-905 - Violations - liability - notice required - exceptions - no exhaustion of remedies required

(1)
Except as described in subsections (3) and (5) of this section, a landlord who violates any provision of this part 9 is liable to the prospective tenant aggrieved by the violation for two thousand five hundred dollars, plus court costs and reasonable attorney fees.
(2)
A person who intends to file an action pursuant to subsection (1) of this section shall notify the landlord of such intention not less than seven calendar days before filing the action.
(3)
A landlord who corrects or cures a violation of this part 9 not more than seven calendar days after receiving notice of the violation shall pay the prospective tenant aggrieved by the violation a penalty of fifty dollars but otherwise is not liable for damages as described in subsection (1) of this section.
(4)
A person who purposefully and in bad faith brings a meritless claim against a landlord under this part 9 is liable for the landlord's court costs and reasonable attorney fees in defending the claim.
(5)
(a)
A landlord who violates section
38-12-904 (1)(c) or (1)(d)
is subject to an initial penalty of fifty dollars, to be paid to the party aggrieved by the violation. A landlord who violates section
38-12-904 (1)(c) or (1)(d)
and does not cure the violation pursuant to subsection (3) of this section is also subject to a statutory penalty of two thousand five hundred dollars, to be paid to the aggrieved party in addition to the initial penalty imposed under this subsection (5)(a) and any economic damages, court costs, and attorney fees.
(b)
The relief provided in subsection (5)(a) of this section is an alternative to and in addition to any other relief authorized by law, and a person who seeks redress under this section is not required to exhaust administrative remedies.
Amended by 2023 Ch. 402,§ 3, eff. 8/7/2023.
Amended by 2023 Ch. 151,§ 4, eff. 8/7/2023.
Added by 2019 Ch. 129, § 1, eff. 8/2/2019.
L. 2019: Entire part added, (HB 19-1106), ch. 583, p. 583, § 1, effective August 2.
2023 Ch. 402, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 151, 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 10 - BED BUGS IN RESIDENTIAL PREMISES (§§ 38-12-1001 — 38-12-1007) › Section 38-12-1001 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Bed bug" means the common bed bug, or cimex lectularius.
(2)
"Bed bug detection team" means a scent detection canine team that holds a current, independent, third-party certification in accordance with the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization.
(3)
"Certified operator" has the meaning set forth in section
35-10-103 (1)
.
(4)
"Commercial applicator" has the meaning set forth in section
35-10-103 (2)
.
(5)
"Contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit, both of which units are owned, managed, leased, or subleased by the same landlord.
(6)
"Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by a tenant.
(7)
"Electronic notice" means notice by e-mail or an electronic portal or management communications system that is available to both a landlord and a tenant.
(8)
"Landlord" means the owner, manager, lessor, or sublessor of a residential premises.
(9)
"Pest control agent" means a certified operator, commercial applicator, qualified supervisor, or technician.
(10)
"Qualified inspector" means a bed bug detection team, local health department official, certified operator, commercial applicator, qualified supervisor, or technician who is retained by a landlord to conduct an inspection for bed bugs.
(11)
"Qualified supervisor" has the meaning set forth in section
35-10-103 (13)
.
(12)
"Technician" has the meaning set forth in section
35-10-103 (15)
.
(13)
"Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Added by 2019 Ch. 426, § 1, eff. 1/1/2020.
L. 2019: Entire part added, (HB 19-1328), ch. 3717, p. 3717, § 1, effective 1/1/2020.