C.R.S. Section 38-12-223
Tenancy and park sale records


(1)

A landlord shall retain records for each home owner and resident throughout the home owner’s or resident’s tenancy and for twelve months after the tenancy ends, including documentation of:

(a)

Each rental agreement signed by the home owner or resident and the current or previous landlord;

(b)

The date and amount of any change in rent during the home owner’s or resident’s tenancy;

(c)

Written rules and regulations adopted by the current or previous landlord during the home owner’s or resident’s tenancy; and

(d)

Each request from the home owner or resident relating to the following, including whether the landlord at the time approved or disapproved each request:

(I)

Guests, roommates, occupants, co-lessees, or sub-lessees;

(II)

Pets or service animals;

(III)

Accessory buildings or structures, including sheds and carports;

(IV)

Decks, fences, wheelchair ramps, or other structural changes to the home or lot; and

(V)

Use of property related to parking of vehicles and use of vehicles.

(2)

A landlord who is selling or transferring a mobile home park shall maintain all records related to compliance with section 38-12-217 for a minimum of forty-eight months after any sale or transfer of a mobile home park is complete, including but not limited to:

(a)

Notices mailed or given to home owners pursuant to sections 38-12-217 (1) and (2);

(b)

Postings pursuant to section 38-12-217 (1)(c), including any forms for home owners to provide notice that they do not wish to participate in efforts to purchase the community;

(c)

Signed writings provided by home owners to the park owner declining to participate in purchasing the park pursuant to section 38-12-217 (1)(c);

(d)

Offers to purchase and proposed purchase and sale agreements submitted to the landlord by a group or association of home owners or their assignees pursuant to section 38-12-217 (4);

(e)

Requests for information from a group or association of home owners or their assignees participating in the opportunity to purchase and the landlord’s responses to the requests for information pursuant to section 38-12-217 (5)(a); and

(f)

Offers to purchase and any conditional and unconditional purchase and sale agreements submitted by the successful purchaser of the mobile home park.

(3)

Upon the sale or transfer of a mobile home park, the seller must transfer all records maintained under subsection (1) of this section to the new owner.

(4)

If an issue arises as to a resident’s right to any of the matters described in subsection (1)(c) or (2) of this section and the landlord has not retained adequate records for that resident, the landlord shall be presumed to have violated this part 2 unless the landlord demonstrates compliance by a preponderance of the evidence.

(5)

The division may promulgate rules concerning the implementation of this section, including requirements concerning:

(a)

How a person may access or obtain copies of records retained pursuant to this section and any restrictions on who may access records retained pursuant to this section;

(b)

What fees or costs, if any, may be imposed for obtaining copies of records retained pursuant to this section;

(c)

Confidentiality protections for personally identifying information included in records retained pursuant to this section;

(d)

Secure destruction of records once the period of retention has passed; and

(e)

Penalties for violations of this section.

(6)

If a current or former management or landlord violates this section, a home owner may file a complaint pursuant to section 38-12-1105. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint.

Source: Section 38-12-223 — Tenancy and park sale records, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑12‑101
Legislative declaration
38‑12‑102
Definitions
38‑12‑102.5
Security deposits - maximum amount
38‑12‑103
Return of security deposit
38‑12‑104
Return of security deposit - hazardous condition - gas appliance
38‑12‑105
Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice
38‑12‑106
Security deposits - limitation on pet security deposit and rent - definition
38‑12‑200.1
Short title
38‑12‑200.2
Legislative declaration
38‑12‑201
Application of part 2
38‑12‑201.3
Legislative declaration - increased availability of mobile home parks
38‑12‑201.5
Definitions
38‑12‑202
Tenancy - notice to quit
38‑12‑202.5
Action for termination
38‑12‑203
Reasons for termination
38‑12‑203.5
Change in use of the park - remedies for home owners - definitions
38‑12‑204
Nonpayment of rent - notice required for rent increase - limitation on rent increases
38‑12‑204.3
Notice required for termination
38‑12‑205
Termination prohibited
38‑12‑206
Home owner meetings - assembly in common areas - meeting hosted by landlord
38‑12‑207
Security deposits - legal process
38‑12‑208
Remedies
38‑12‑209
Entry fees prohibited
38‑12‑210
Closed parks prohibited
38‑12‑211
Selling and transfer fees prohibited - “for sale” signs permitted
38‑12‑212
Certain types of landlord-seller agreements prohibited
38‑12‑212.3
Responsibilities of landlord - acts prohibited
38‑12‑212.4
Required disclosure and notice of water usage and billing - responsibility for leaks
38‑12‑212.5
Prohibition on retaliation and harassment - definition
38‑12‑212.7
Landlord utilities account
38‑12‑213
Rental agreement - disclosure of terms in writing - prohibited provisions
38‑12‑214
Rules and regulations - amendments - notice - complaints
38‑12‑215
New developments and parks - rental of sites to dealers authorized
38‑12‑216
Mediation, when permitted - court actions
38‑12‑217
Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition
38‑12‑218
Mobile home owners - right to form a cooperative
38‑12‑219
Home owners’ and landlords’ rights
38‑12‑220
Private civil right of action
38‑12‑221
Access by counties and municipalities
38‑12‑222
Residents’ right to privacy
38‑12‑223
Tenancy and park sale records
38‑12‑301
Control of rents by counties and municipalities prohibited - legislative declaration
38‑12‑302
Definitions
38‑12‑401
Definitions
38‑12‑402
Protection for victims of unlawful sexual behavior, stalking, or domestic violence
38‑12‑501
Legislative declaration - matter of statewide concern - purposes and policies
38‑12‑502
Definitions
38‑12‑503
Warranty of habitability - notice - landlord obligations
38‑12‑504
Tenant’s maintenance of premises
38‑12‑505
Uninhabitable residential premises - habitability procedures - rules
38‑12‑506
Exception for certain single-family residences
38‑12‑507
Breach of warranty of habitability - tenant’s remedies
38‑12‑508
Landlord’s defenses to a claim of breach of warranty - limitations on claiming a breach
38‑12‑509
Prohibition on retaliation
38‑12‑510
Unlawful removal or exclusion
38‑12‑511
Application
38‑12‑601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions
38‑12‑701
Notice of rent increase
38‑12‑702
Limit on frequency of residential rent increases
38‑12‑801
Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions
38‑12‑802
Tenant payment - receipts
38‑12‑803
Disclosure - elevated radon - definition
38‑12‑901
Short title
38‑12‑902
Definitions
38‑12‑903
Rental application fee - limitations
38‑12‑904
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice
38‑12‑905
Violations - liability - notice required - exceptions - no exhaustion of remedies required
38‑12‑1001
Definitions
38‑12‑1002
Bed bugs - notification to landlord - landlord duties
38‑12‑1003
Bed bugs - inspections - treatments - costs
38‑12‑1004
Bed bugs - access to dwelling unit and personal belongings - notice - costs
38‑12‑1005
Bed bugs - renting of dwelling units with bed bugs prohibited
38‑12‑1006
Remedies - liability
38‑12‑1007
Relationship to warranty of habitability
38‑12‑1101
Short title
38‑12‑1102
Legislative declaration
38‑12‑1103
Definitions
38‑12‑1104
Dispute resolution program - creation - division of housing - duties - report - rules
38‑12‑1105
Dispute resolution program - complaint process
38‑12‑1106
Registration of mobile home parks - process - fees
38‑12‑1107
Registration information database
38‑12‑1108
Mobile home park complaint and water issue database
38‑12‑1109
Mobile home park act dispute resolution and enforcement program annual report
38‑12‑1110
Mobile home park act dispute resolution and enforcement program fund
38‑12‑1201
Short title
38‑12‑1202
Definitions
38‑12‑1203
Prohibition on activities related to a tenant’s immigration or citizenship status
38‑12‑1204
Authorized conduct
38‑12‑1205
Remedies
Green check means up to date. Up to date

Current through Fall 2024

§ 38-12-223’s source at colorado​.gov