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 - Nonpayment of rent - notice required for rent increase - limitation on rent increases

(1)
Any tenancy or other estate at will or lease in a mobile home park may be terminated upon the landlord's written notice to the home owner provided pursuant to section 38-12-212.9 requiring, in the alternative, payment of rent or the removal of the home owner's unit from the premises, within a period of not less than ten days after the date notice is served or posted, for failure to pay rent when due.
(2)
Rent shall not be increased without sixty days' written notice to the home owner provided pursuant to section 38-12-212.9. In addition to the amount and the effective date of the rent increase, such written notice shall include the name, address, and telephone number of the mobile home park management, if such management is a principal owner, or owner of the mobile home park and, if the owner is other than a natural person, the name, address, and telephone number of the owner's chief executive officer or managing partner; except that such ownership information need not be given if it was disclosed in the rental agreement made pursuant to section
38-12-213
.
(3)
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.
(4)
A landlord shall not increase rent on a resident of a mobile home park lot or issue a notice of rent increase if the park:
(a)
Does not have a current, active registration filed with the division of housing in accordance with section
38-12-1106
;
(b)
Has any unpaid penalties owed to the division of housing;
(c)
(I)
Has not fully complied with any government order.
(II)
As used in subsection (4)(c)(I) of this section, "government order" means any final federal, state, or local administrative order or judicial order.
(d)
Has failed to comply with a provision of section
25-8-1003 (2)
and the applicable deadline to comply with the provision has passed.
(e)
Has been found by the division in a final agency order or by a court, within the twelve months prior to the final agency or court order, to have failed to comply with a landlord's responsibilities pursuant to section 38-12-212.3. This subsection (4)(e) shall not apply to a negotiated settlement that precedes a final agency or court order.
(5)
A notice of a rent increase issued in violation of this section is invalid and has no force and effect.
Amended by 2024 Ch. 399,§ 4, eff. 6/30/2024.
Amended by 2023 Ch. 376,§ 7, eff. 6/5/2023.
Amended by 2022 Ch. 255, § 7, eff. 10/1/2022.
Amended by 2021 Ch. 348, § 3, eff. 6/25/2021.
Amended by 2019 Ch. 281, § 6, eff. 5/23/2019.
L. 73: p. 642, § 1. C.R.S. 1963: § 58-2-4. L. 77: Entire section amended, p. 1708, § 1, effective July 7. L. 85: Entire section amended, p. 1199, § 1, effective July 1. L. 87: Entire section amended, p. 1312, § 5, effective May 8. L. 2019: (1) amended, (HB 19-1309), ch. 2629, p. 2629, § 6, effective May 23. L. 2021: (3) added, (HB 21-1121), ch. 2260, p. 2260, § 3, effective June 25.
2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.