Connecticut Landlord Tenant Law - Click here to return to US Landlord
Article 40 Forcible Entry and Detainer -
General Provisions
13-40-101. Forcible entry and detainer defined.
13-40-102. Forcible entry prohibited.
13-40-103. Forcible detention prohibited.
13-40-104. Unlawful detention defined.
13-40-105. Crops of possessor.
13-40-106. Written demand.
13-40-107. Notice to quit.
13-40-107.5. Termination of tenancy for substantial violation - definition -
legislative declaration.
13-40-108. Service of notice to quit.
13-40-109. Jurisdiction of courts.
13-40-110. Action - how commenced.
13-40-111. Issuance and return of summons.
13-40-112. Service.
13-40-113. Answer of defendant - additional and amended pleadings.
13-40-114. Delay in trial - undertaking.
13-40-115. Judgment - writ of restitution.
13-40-116. Dismissal.
13-40-117. Appeals.
13-40-118. Deposit of rent.
13-40-119. Rules of practice.
13-40-120. Appellate review.
13-40-121. When deposit of rent is paid.
13-40-122. Writ of restitution after judgment.
13-40-123. Damages.
13-40-124. Qualified farm owner-tenant defined. (Repealed)
13-40-125. Rights of qualified farm owner-tenant. (Repealed)
13-40-125.5. Possession pursuant to agreement - enforcement. (Repealed)
13-40-126. Priority of proceedings. (Repealed)
13-40-101. Forcible entry and detainer defined.
(1) If any person enters upon or into any lands, tenements, mining claims, or
other
possessions with force or strong hand or multitude of people, whether any person
is actually upon
or in the same at the time of such entry, or if any person by threats of
violence or injury to the
party in possession or by such words or actions as have a natural tendency to
excite fear or
apprehension of danger gains possession of any lands, tenements, mining claims,
or other
possessions and detains and holds the same, such person so offending is guilty
of a forcible entry
and detainer within the meaning of this article.
(2) If any person enters peaceably upon any lands, tenements, mining claims, or
other
possessions, whether any person is actually in or upon the same at the time of
such entry and by
force turns the party in possession out or, by threats or by words or actions
which have a natural
tendency to excite fear or apprehension of danger, frightens the party out of
possession and
detains and holds the same, such person so offending is guilty of a forcible
detainer within the
meaning of this article.
(3) If any person enters upon or into any lands, tenements, mining claims, or
other
possessions by force or by threats of violence, or words or actions which have a
natural tendency
to excite fear or apprehension of danger, and intimidates the party entitled to
possession from
returning upon or possessing the same, such person so offending is guilty of a
forcible entry
within the meaning of this article.
13-40-102. Forcible entry
prohibited. No
person shall enter into or upon any real property, except
in cases where entry is allowed by law, and in such cases not with strong hand
or with a multitude
of people, but only in a peaceable manner.
13-40-103. Forcible
detention prohibited.
No person, having peaceably entered into or upon any
real property without right to the possession thereof, shall forcibly hold or
detain the same as
against the person who has a lawful right to such possession.
13-40-104. Unlawful
detention defined.
(1) Any person is guilty of an unlawful detention of real property in the
following cases:
(a) When entry is made, without right or title, into any vacant or unoccupied
lands
or tenements;
(b) When entry is made, wrongfully, into any public lands, tenements, mining
claims, or other possessions which are claimed or held by a person who may have
located,
entered, or settled upon the same in conformity with the laws, rules, and
regulations of the United
States, or of this state, in relation thereto;
(c) When any lessee or tenant at will, or by sufferance, or for any part of a
year, or
for one or more years, of any real property, including a specific or undivided
portion of a building
or dwelling, holds over and continues in possession of the demised premises, or
any portion
thereof, after the expiration of the term for which the same were leased, or
after such tenancy, at
will or sufferance, has been terminated by either party, except as provided in
subsection (2) of this
section;
(d) When such tenant or lessee holds over without permission of his landlord
after
any default in the payment of rent pursuant to the agreement under which he
holds, and three
days' notice in writing has been duly served upon the tenant or lessee holding
over, requiring in
the alternative the payment of the rent or the possession of the premises. No
such agreement shall
contain a waiver by the tenant of the three days' notice requirement of this
paragraph (d). It shall
not be necessary, in order to work a forfeiture of such agreement, for
nonpayment of rent, to
make a demand for such rent on the day on which the same becomes due; but a
failure to pay such
rent upon demand, when made, works a forfeiture.
(d.5) When such tenant or lessee holds over, without the permission of the
landlord, contrary to any condition or covenant the violation of which is
defined as a substantial
violation in section 13-40-107.5, and notice in writing has been duly served
upon such tenant or
lessee in accordance with section 13-40-107.5;
(e) When such tenant or lessee holds over, without such permission, contrary to
any other condition or covenant of the agreement under which such tenant or
lessee holds, and
three days' notice in writing has been duly served upon such tenant or lessee
requiring in the
alternative the compliance with such condition or covenant or the delivery of
the possession of the
premises so held;
(e.5) (I) When a tenant or lessee has previously been served with the notice
described in paragraph (e) of this subsection (1) requiring compliance with a
condition or
covenant of the agreement, and subsequent to that notice holds over, without
permission of the
tenant or lessee's landlord, contrary to the same condition or covenant.
(II) A tenancy may be terminated at any time pursuant to this paragraph
(e.5) on the basis of a subsequent violation. The termination shall be effective
three days after
service of written notice to quit.
(f) When the property has been duly sold under any power of sale, contained in
any
mortgage or trust deed which was executed by such person, or any person under
whom he claims
by title subsequent to date of the recording of such mortgage or trust deed, and
the title under
such sale has been duly perfected and the purchaser at such sale, or his
assigns, has duly
demanded the possession thereof, except as provided in subsection (2) of this
section;
(g) When the property has been duly sold under the judgment or decree of any
court of competent jurisdiction and the party or privies to such judgment or
decree, after the
expiration of the time of redemption when redemption is allowed by law, refuses
or neglects to
surrender possession thereof after demand therefor has been duly made by the
purchaser at such
sale, or his assigns, except as provided in subsection (2) of this section;
(h) When an heir or devisee continues in possession of any premises sold and
conveyed by any personal representative with authority to sell, after demand
therefor is duly
made;
(I) When a vendee having obtained possession under an agreement to purchase
lands or tenements, and having failed to comply with his agreement, withholds
possession thereof
from his vendor, or assigns, after demand therefor is duly made.
(2) and (3) Repealed.
13-40-105. Crops of possessor.
In all cases arising under section 13-40-104 (1) (c) to (1) (i), the
person in possession is entitled to cultivate and gather the crops, if any,
planted or sown by him
previous to the service of the demand to deliver up possession, and then grown
or growing on the
premises, and shall have the right to enter such premises for the purpose of
cultivating or
removing such crops, first paying or tendering to the party entitled to the
possession of said
premises a reasonable compensation for the use of the land before removing such
crops.
13-40-106. Written demand. The
demand required by section 13-40-104 shall be made in writing,
specifying the grounds of the demandant's right to the possession of such
premises, describing the
same, and the time when the same shall be delivered up, and shall be signed by
the person
claiming such possession, his agent, or his attorney.
13-40-107. Notice to quit.
(1) A tenancy may be terminated by notice in writing, served not less than the
respective
period fixed before the end of the applicable tenancy, as follows:
(a) A tenancy for one year or longer, three months;
(b) A tenancy of six months or longer but less than a year, one month;
(c) A tenancy of one month or longer but less than six months, ten days;
(d) A tenancy of one week or longer but less than one month, or a tenancy at
will,
three days;
(e) A tenancy for less than one week, one day.
(2) Such notice shall describe the property and the particular time when the
tenancy will
terminate and shall be signed by the landlord or tenant, the party giving such
notice or his agent or
attorney.
(3) Any person in possession of real property with the assent of the owner is
presumed to
be a tenant at will until the contrary is shown.
(4) No notice to quit shall be necessary from or to a tenant whose term is, by
agreement,
to end at a time certain.
(5) Except as otherwise provided in section 38-33-112, C.R.S., the provisions of
subsections (1) and (4) of this section shall not apply to the termination of a
residential tenancy
during the ninety-day period provided for in said section.
13-40-107.5.
Termination of tenancy for substantial violation - definition -
legislative declaration.
(1) The general assembly finds and declares that:
(a) Violent and antisocial criminal acts are increasingly committed by persons
who
base their operations in rented homes, apartments, and commercial properties;
(b) Such persons often lease such property from owners who are unaware of the
dangerous nature of such persons until after the persons have taken possession
of the property;
(c) Under traditional landlord and tenant law, such persons may have established
the technical, legal right to occupy the premises for a fixed term which
continues long after they
have demonstrated themselves unfit to coexist with their neighbors and
co-tenants; furthermore,
such persons often resist eviction as long as possible;
(d) In certain cases it is necessary to curtail the technical, legal right of
occupancy
of such persons in order to protect the equal or greater rights of neighbors and
co-tenants, the
interests of property owners, the values of trust and community within
neighborhoods, and the
health, safety, and welfare of all the people of this state.
(2) It is declared to be an implied term of every lease of real property in this
state that the
tenant shall not commit a substantial violation while in possession of the
premises.
(3) As used in this section, "substantial violation" means any act or
series of acts by the
tenant or any guest or invitee of the tenant which, when considered together:
(a) Occurs on or near the premises and endangers the person or willfully and
substantially endangers the property of the landlord, any co-tenant, or any
person living on or near
the premises; or
(b) Occurs on or near the premises and constitutes a violent or drug-related
felony
prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S.
(4) (a) A tenancy may be terminated at any time on the basis of a substantial
violation.
The termination shall be effective three days after service of written notice to
quit.
(b) The notice to quit shall describe the property, the particular time when the
tenancy will terminate, and the grounds for termination. The notice shall be
signed by the landlord
or by the landlord's agent or attorney.
(5) (a) In any action for possession under this section, the landlord has the
burden of
proving the occurrence of a substantial violation by a preponderance of the
evidence.
(b) In any action for possession under this section, it shall be a defense that:
(I) The tenant is a victim of domestic violence that has been documented by
the filing of a police report or the issuance of a restraining order and the
domestic violence is the
basis for the termination notice; or
(II) The tenant did not know of, and could not reasonably have known of
or prevented, the commission of a substantial violation by a guest or invitee
but immediately
notified a law enforcement officer of his knowledge of the substantial
violation.
13-40-108. Service of notice to quit. A notice to quit or demand for
possession of real property
may be served by delivering a copy thereof to the tenant or other person
occupying such premises,
or by leaving such copy with some person, a member of the tenant's family above
the age of
fifteen years, residing on or in charge of the premises, or, in case no one is
on the premises at the
time service is attempted, by posting such copy in some conspicuous place on the
premises.
13-40-109. Jurisdiction of courts. The district courts in their
respective districts and county courts
in their respective counties have jurisdiction of all cases of forcible entry,
forcible detainer, or
unlawful detainer arising under this article, and the person entitled to the
possession of any
premises may recover possession thereof by action brought in any of said courts
in the manner
provided in this article. On and after January 1, 1991, in all actions brought
before county courts
under section 13-40-104 (1) (f) to (1) (i), where the allegations of the
complaint are put in issue
by a verified answer and in actions in which the verified answer alleges a
monthly rental value of
the property in excess of ten thousand dollars, the county court, upon the
filing of said answer,
shall suspend all proceedings therein and certify said cause and transmit the
papers therein to the
district court of the same county. Causes so certified by the county court shall
be proceeded
within the courts to which they have been so certified in all respects as if
originally begun in the
court to which they have been certified. On and after January 1, 1991, the
jurisdiction of the
county court to enter judgment for rent, or damages, or both and to render
judgment on a
counterclaim in forcible entry and detainer shall be limited to a total of ten
thousand dollars in
favor of either party, exclusive of costs and attorney fees.
13-40-110. Action - how commenced.
(1) An action under this article is commenced by filing with the court a
complaint in
writing describing the property with reasonable certainty, the grounds for the
recovery thereof,
the name of the person in possession or occupancy, and a prayer for recovery of
possession. The
complaint may also set forth the amount of rent due, the rate at which it is
accruing, the amount
of damages due, and the rate at which they are accruing and may include a prayer
for rent due or
to become due, present and future damages, costs, and any other relief to which
plaintiff is
entitled.
(2) In an action for termination of a tenancy in a mobile home park, the
complaint, in
addition to the requirements of subsection (1) of this section, shall specify
the particular reasons
for termination as such reasons are stated in section 38-12-203, C.R.S. Such
complaint shall
specify the approximate time, place, and manner in which the tenant allegedly
committed the acts
giving rise to the complaint.
13-40-111. Issuance and return of summons. Upon filing the complaint as
provided in section
13-40-110, the clerk of the court or the attorney for the plaintiff shall issue
a summons. The
summons shall command the defendant to appear before the court at a place named
in such
summons and at a time and on a day which shall be not less than five days nor
more than ten days
from the day of issuing the same to answer the complaint of plaintiff. The
summons shall also
contain a statement addressed to the defendant stating: "If you fail to
file with the court, at or
before the time for appearance specified in the summons, an answer to the
complaint setting forth
the grounds upon which you base your claim for possession and denying or
admitting all of the
material allegations of the complaint, judgment by default may be taken against
you for the
possession of the property described in the complaint, for the rent, if any, due
or to become due,
for present and future damages and costs, and for any other relief to which the
plaintiff is
entitled.".
13-40-112. Service.
(1) Such summons may be served by personal service as in any civil action. A
copy of the
complaint must be served with the summons.
(2) If personal service cannot be had upon the defendant by a person qualified
under the
Colorado rules of civil procedure to serve process, after having made diligent
effort to make such
personal service, such person may make service by posting a copy of the summons
and the
complaint in some conspicuous place upon the premises. In addition thereto, the
plaintiff shall
mail, no later than the next day following the day on which he files the
complaint, a copy of the
summons, or, in the event that an alias summons is issued, a copy of the alias
summons, and a
copy of the complaint to the defendant at the premises by postage prepaid,
first-class mail.
(3) Personal service or service by posting shall be made at least five days
before the day
for appearance specified in such summons, and the time and manner of such
service shall be
endorsed upon such summons by the person making service thereof.
13-40-113. Answer of defendant - additional and amended pleadings.
(1) The defendant shall file with the court, at or before the time specified for
his
appearance in the summons, an answer in writing setting forth the grounds on
which he bases his
claim for possession and admitting or denying all of the material allegations of
the complaint and
presenting every defense which then exists and upon which he intends to rely,
either by including
the same in his answer or by filing simultaneously therewith motions setting
forth every such
defense.
(2) The court for good cause may permit the filing of additional and amended
pleadings
where such will not result in delay prejudicial to the defendant.
13-40-114. Delay in trial - undertaking. If either party requests a delay
in trial longer than five
days, the court in its discretion may, upon good cause shown, require either of
the parties to give
bond or other security approved and fixed by the court in an amount for the
payment to the
opposite party of such sum as he may be damaged due to the delay.
13-40-115. Judgment - writ of restitution.
(1) Upon the trial of any action under this article if service was had only by
posting in
accordance with section 13-40-112 (2) and if the court finds that the defendant
has committed an
unlawful detainer, the court shall enter judgment for the plaintiff to have
restitution of the
premises and shall issue a writ of restitution. The court may also continue the
case for further
hearing from time to time and may issue alias and pluries summonses until
personal service upon
the defendant is had.
(2) Upon such trial or further hearing under this article after personal service
is had upon
the defendant in accordance with section 13-40-112 (1), if the court or jury has
not already tried
the issue of unlawful detainer, it may do so, and, if it finds that the
defendant has committed an
unlawful detainer, the court shall enter judgment for the plaintiff to have
restitution of the
premises and shall issue a writ of restitution. In addition to such judgment for
restitution, the
court or jury shall further find the amount of rent, if any, due to the
plaintiff from the defendant at
the time of trial, the amount of damages, if any, sustained by the plaintiff to
the time of the trial on
account of the unlawful detention of the property by the defendant, and damages
sustained by the
plaintiff to the time of trial on account of injuries to the property, and
judgment shall enter for
such amounts, together with reasonable attorney's fees and costs, upon which
judgment execution
shall issue as in other civil actions. Nothing in this section shall be
construed to permit the entry of
judgment in excess of the jurisdictional limit of the court.
13-40-116. Dismissal. If the plaintiff's action brought for any of the
causes mentioned in this
article, upon the trial thereon, is dismissed or the action fails to prove the
plaintiff's right to the
possession of the premises described in the complaint, the defendant shall have
judgment and
execution for his costs.
13-40-117. Appeals.
(1) If either party feels aggrieved by the judgment rendered in such action
before the
county court, he may appeal to the district court, as in other cases tried
before the county court,
with the additional requirements provided in this article.
(2) Upon the court's taking such appeal, all further proceedings in the case
shall be stayed,
and the appellate court shall thereafter issue all needful writs and process to
carry out any
judgment which may be rendered thereon in the appellate court.
(3) If the appellee believes that he may suffer serious economic harm during the
pendency
of the appeal, he may petition the court taking the appeal to order that an
additional undertaking
be required of the appellant to cover the anticipated harm. The court shall
order such undertaking
only after a hearing and upon a finding that the appellee has shown a
substantial likelihood of
suffering such economic harm during the pendency of the appeal and that he will
not adequately
be protected under the appeals bond and the other requirements for appeal
pursuant to sections
13-40-118, 13-40-120, and 13-40-123.
13-40-118. Deposit of rent. In all appeals from the judgment of a county
court, in an action
founded upon section 13-40-104 (1) (d), the defendant, at the time of the filing
thereof, shall
deposit with the court the amount of rent found due and specified in such
judgment. Unless such
deposit is made, the appeal is not perfected, and proceedings upon such judgment
shall thereupon
be had accordingly. If the appeal is perfected, the court shall transmit such
deposit to the clerk of
the appellate court, with the papers in such case; and the appellant thereafter,
at the time when the
rents become due as specified in the judgment appealed from and as often as the
same become
due, shall deposit the amount thereof with the clerk of such appellate court. In
case the appellant,
at any time during the pendency of such appeal and before final judgment
therein, neglects or fails
to make any deposit of rent, falling due at the time specified in the judgment
appealed from, the
court in which such appeal is pending, upon such fact being made to appear and
upon motion of
the appellee, shall affirm the judgment appealed from with costs; and
proceedings thereupon shall
be had as in like cases determined upon the merits.
13-40-119. Rules of practice. In all actions brought under any provision
of this article in any
court, the proceedings shall be governed by the rules of practice and the
provisions of law
concerning civil actions in such court, except as may be otherwise provided in
this article.
13-40-120. Appellate review. Appellate review of the judgment of the
district courts of this state,
in proceedings under this article, is allowed as provided by law and the
Colorado appellate rules.
In cases of appeal from judgments founded upon causes of action embraced in
section 13-40-104
(1) (d), the deposit of rent money during pendency of appeal shall be made, or
judgment of
affirmance shall be entered, in the manner provided in section 13-40-118.
13-40-121. When deposit of rent is paid. The rent money deposited, as
provided for in this article,
shall be paid to the landlord entitled thereto, upon the order of the court
wherein the same is
deposited and at such time and in such manner as the court determines necessary
to protect the
rights of the parties.
13-40-122. Writ of restitution after judgment. No writ of restitution
shall issue upon any
judgment entered in any action under the provisions of this article out of any
court until after the
expiration of forty-eight hours from the time of the entry of such judgment; and
such writs shall
be executed by the officer having the same only in the daytime and between
sunrise and sunset.
13-40-123. Damages. The prevailing party in any action brought under the
provisions of this
article is entitled to recover damages, reasonable attorney fees, and costs of
suit. Nothing in this
section shall be construed to permit the entry of judgments in any single
proceeding in excess of
the jurisdictional limit of said court.
13-40-124. Qualified farm owner-tenant defined. (Repealed)
13-40-125. Rights of qualified farm owner-tenant. (Repealed)
13-40-125.5. Possession pursuant to agreement - enforcement. (Repealed)
13-40-126. Priority of proceedings. (Repealed)
ARTICLE 12
Tenants and Landlords
PART 1
SECURITY DEPOSITS - WRONGFUL WITHHOLDING
38-12-101. Legislative declaration.
38-12-102. Definitions.
38-12-103. Return of security deposit.
38-12-104. Return of security deposit - hazardous condition - gas appliance.
PART 2
MOBILE HOME PARK ACT
38-12-200.1. Short title.
38-12-200.2. Legislative declaration.
38-12-201. Application of part 2.
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.
38-12-204. Nonpayment of rent - notice required for rent increase.
38-12-205. Termination prohibited.
38-12-206. Home owner meetings.
38-12-207. Security deposits - legal process.
38-12-208. Remedies.
38-12-209. Entry fees prohibited - entry fee defined - security deposit - court
costs.
38-12-210. Closed parks prohibited.
38-12-211. Selling fees prohibited.
38-12-212. Certain types of landlord-seller agreements prohibited.
38-12-212.3. Responsibilities of landlord - acts prohibited.
38-12-212.7. Landlord utilities account.
38-12-213. Rental agreement - disclosure of terms in writing.
38-12-214. Rules and regulations.
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 sale of mobile home park.
PART 3
LOCAL CONTROL OF RENTS PROHIBITED
38-12-301. Control of rents by counties and municipalities prohibited.
38-12-302. Definitions.
PART 1
SECURITY DEPOSITS - WRONGFUL WITHHOLDING
38-12-101. Legislative declaration. The provisions of this part 1 shall be
liberally construed to
implement the intent of the general assembly to insure the proper administration
of security
deposits and protect the interests of tenants and landlords.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Law reviews. For comment, "Colorado's Wrongful Withholding of Security
Deposits Act:
Three Litigious Shares in an Untested Law", see 49 Den. L.J. 453 (1973).
For article, "The
Colorado Security Deposit Act", see 50 U. Colo. L.
Rev. 29 (1978).
Purpose. The security deposit act was passed to control the practices of
landlords who
withhold, without justification, their tenants' damage deposits.
Houle v. Adams State College, 190 Colo. 406, 547 P.2d 926 (1976).
Statute as basis for jurisdiction. See Turner v. Lyon, 189 Colo. 234, 539 P.2d
1241 (1975).
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38-12-102. Definitions. As used in this part 1, unless the context otherwise
requires:
(1) "Normal wear and tear" means that deterioration which occurs,
based upon the use for
which the rental unit is intended, without negligence, carelessness, accident,
or abuse of the
premises or equipment or chattels by the tenant or members of his household, or
their invitees or
guests.
(2) "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 residential
premises or any part thereof.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Law reviews. For comment, "Colorado's Wrongful Withholding of Security
Deposits Act:
Three Litigious Shares in an Untested Law", see 49 Den. L.J. 453 (1973).
For article, "The
Colorado Security Deposit Act", see 50 U. Colo. L. Rev. 29 (1978).
Landlord undefined. This section does not define the term landlord nor does it
state what
constitutes the landlord-tenant relationship. Houle v. Adams State College, 190
Colo. 406, 547
P.2d 926 (1976).
But common-law definition not expanded by legislative intent. The legislative
intent does not
expand the common-law definition of a landlord and a tenant. Houle v. Adams
State College, 190
Colo. 406, 547 P.2d 926 (1976).
College board of trustees is not landlord. Houle v. Adams State College, 190
Colo. 406, 547
P.2d 926 (1976).
And dormitory student is not tenant. Houle v. Adams State College, 190 Colo.
406, 547 P.2d
926 (1976).
38-12-102. Definitions.
"Residential premise". A furnished condominium unit containing
complete sleeping and eating
facilities and available for short-term rentals is a "residential
premise" subject to the provisions of
this act.
Haan v. Mountain Queen Condo. Ass'n, Inc., 717 P.2d 969 (Colo. App. 1985), rev'd
on other
grounds, 753 P.2d 1234 (Colo. 1988).
The language adopted by the parties to a rental agreement to describe a payment
made by the
tenant to the landlord prior to occupancy is not dispositive of the question of
whether the
payment constitutes a "security deposit". Mountain Queen Condo Ass'n
v. Haan, 753 P.2d 1234
(Colo. 1988).
Applied in In re Quintana, 28 Bankr. 269 (Bankr. D. Colo. 1983).
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38-12-103. Return of security deposit.
(1) A landlord shall, within one month after the termination of a lease or
surrender and
acceptance of the premises, whichever occurs last, return to the tenant the full
security deposit
deposited with the landlord by the tenant, unless the lease agreement specifies
a longer period of
time, but not to exceed sixty days. No security deposit shall be retained to
cover normal wear and
tear. In the event that actual cause exists for retaining any portion of the
security deposit, the
landlord shall provide the tenant with a written statement listing the exact
reasons for the
retention of any portion of the security deposit. When the statement is
delivered, it shall be
accompanied by payment of the difference between any sum deposited and the
amount retained.
The landlord is deemed to have complied with this section by mailing said
statement and any
payment required to the last known address of the tenant. Nothing in this
section shall preclude
the landlord from retaining the security deposit for nonpayment of rent,
abandonment of the
premises, or nonpayment of utility charges, repair work, or cleaning contracted
for by the tenant.
(2) The failure of a landlord to provide a written statement within the required
time specified
in subsection (1) of this section shall work a forfeiture of all his rights to
withhold any portion of
the security deposit under this section.
(3) (a) The willful retention of a security deposit in violation of this section
shall render a
landlord liable for treble the amount of that portion of the security deposit
wrongfully withheld
from the tenant, together with reasonable attorneys' fees and court costs;
except that the tenant
has the obligation to give notice to the landlord of his intention to file legal
proceedings a
minimum of seven days prior to filing said action.
(b) In any court action brought by a tenant under this section, the landlord
shall bear the
burden of proving that his withholding of the security deposit or any portion of
it was not
wrongful.
(4) Upon cessation of his interest in the dwelling unit, whether by sale,
assignment, death,
appointment of a receiver, or otherwise, the person in possession of the
security deposit, including
but not limited to the landlord, his agent, or his executor, shall, within a
reasonable time:
(a) Transfer the funds, or any remainder after lawful deductions under
subsection (1) of this
section, to the landlord's successor in interest and notify the tenant by mail
of such transfer and of
the transferee's name and address; or
(b) Return the funds, or any remainder after lawful deductions under subsection
(1) of this
section, to the tenant.
(5) Upon compliance with subsection (4) of this section, the person in
possession of the
security deposit shall be relieved of further liability.
(6) Upon receipt of transferred funds under subsection (4) (a) of this section,
the transferee, in
relation to such funds, shall be deemed to have all of the rights and
obligations of a landlord
holding the funds as a security deposit.
(7) Any provision, whether oral or written, in or pertaining to a rental
agreement whereby any
provision of this section for the benefit of a tenant or members of his
household is waived shall be
deemed to be against public policy and shall be void.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
I. General Consideration.
II. Treble Damages and Attorneys' Fees.
I. GENERAL CONSIDERATION.
Am. Jur.2d. See 49 Am. Jur.2d, Landlord and Tenant, 651-657. C.J.S. See 52 C.J.S.,
Landlord and Tenant, 473(1).
Law reviews. For comment, "Colorado's Wrongful Withholding of Security
Deposits Act:
Three Litigious Shares in an Untested Law", see 49 Den. L.J. 453 (1973).
For article, "The
Colorado Security Deposit Act", see 50 U. Colo. L. Rev. 29 (1978).
Purpose of section. From a consideration of the language of the entire section,
it is evident
that the legislative purpose of this section is to assure that tenants will not
be wrongfully deprived
of their security deposits, and that if so deprived they will be entitled to
adequate judicial relief.
Ball v. Weller, 39 Colo. App. 14, 563 P.2d 371 (1977).
This section is designed to assist tenants in vindicating their legal rights and
to equalize the
disparity in power which exists between landlord and tenant in conflicts over
relatively small
sums. Martin v. Allen, 193 Colo. 395, 566 P.2d 1075 (1977).
This section provides a court remedy against landlords who withhold security
deposits willfully
and wrongfully, and the tenant's attorney should be paid for the time necessary
to prevail; absent
reasonable attorneys' fees, the security deposit law would not be enforced. Mau
v. E.P.H. Corp.,
__ Colo. __, 638 P.2d 777 (1981).
Security deposit actually belongs to tenant; it is only security for the
landlord. Turner v. Lyon,
189 Colo. 234, 539 P.2d 1241 (1975).
Landlords not absolved from notice requirement. The last sentence in subsection
(1) does not
absolve landlords from the notice requirement; it merely permits them, upon
proper notice, to
apply deposits against unpaid rent. Heatherridge Mgt. Co. v. Benson, 192 Colo.
190, 558 P.2d
435 (1976).
Justification for requiring tenants to notify landlords prior to claiming treble
damages,
attorneys' fees, and court costs is to give the landlord one last week to return
the security deposit.
Turner v. Lyon, 189 Colo. 234, 539 P.2d 1241 (1975).
"Willful" defined. The term "willful" in subsection (3)(a)
means "deliberate". Turner v. Lyon,
189 Colo. 234, 539 P.2d 1241 (1975).
When retention "willful". If the landlord deliberately fails to return
the security deposit during
the additional seven-day period, the retention is logically "willful"
under this section. Turner v.
Lyon, 189 Colo. 234, 539 P.2d 1241 (1975).
Wrongful withholding of deposit determined. Failure to return the deposit,
coupled with
failure to provide a tenant with statutorily mandated written statement of
reasons for the
retention, makes the withholding of a deposit wrongful. Martinez v. Steinbaum,
__ Colo. __, 623
P.2d 49 (1981).
Deposit not "wrongfully" held. Where respondent authorized petitioner
in writing to retain that
portion of his deposit equal to one month's rent, petitioner did not withhold
that part of the
deposit "wrongfully", within the contemplation of subsection (3)(a).
Heatherridge Mgt. Co. v.
Benson, 192 Colo. 190, 558 P.2d 435 (1976).
Evidence of landlord's good faith. The discrepancy between the amount of a
security deposit
retained and the amount of actual damages proved by the landlord is important
evidence of his
good faith. Guzman v. McDonald, 194 Colo. 160, 570 P.2d 532 (1977).
Tenant may not accelerate statutory time requirements. McAuliffe v. Rooney, 38
Colo. App.
137, 552 P.2d 1031 (1976).
Where the statutory notice was given within the one-month period allowed by
subsection (1),
and only nine days after the surrender of the key to the premises, and suit was
commenced prior
to the expiration of the additional seven-day period contemplated by the notice
requirements of
subsection (3)(a), award of treble damages is improper. McAuliffe v. Rooney, 38
Colo. App. 137,
552 P.2d 1031 (1976).
Statute as basis for jurisdiction. See Houle v. Adams State College, 190 Colo.
406, 547 P.2d
926 (1976).
II. TREBLE DAMAGES AND ATTORNEYS' FEES.
Treble damages action not "frivolous" merely because landlord wins. A
treble damages action
under subsection (3)(a) cannot be characterized as "frivolous" or
"groundless", as used in section
13-17-101(3), merely because the landlord prevails on the merits of his defense.
Torres v.
Portillos, __ Colo. __, 638 P.2d 274 (1981).
Constitutionality of attorneys' fees provision. The legitimate aims of
subsection (3)(a) supply a
rational basis for the distinction between prevailing tenant-plaintiffs, who are
entitled to attorneys'
fees, and prevailing landlord-defendants, who are not, and therefore the
provision is
constitutional. Torres v. Portillos, __ Colo. __, 638 P.2d 274 (1981).
Equality of opportunity to recover attorneys' fees is not a fundamental right,
and therefore the
rational relationship test, not the strict scrutiny test, is the appropriate
standard for equal
protection review. Torres v. Portillos, __ Colo. __, 638 P.2d 274 (1981).
Entitlement to attorneys' fees. Tenants who are successful on appeal are
entitled to an award
of reasonable attorneys' fees. Martin v. Allen, 193 Colo. 395, 566 P.2d 1075
(1977).
Attorneys' fees allowable include those incurred on appeal. Martinez v.
Steinbaum, __ Colo.
__, 623 P.2d 49 (1981).
Attorneys' fees allowable include those incurred in resolving an issue as to the
amount of
reasonable attorneys' fees incurred in the underlying litigation and those
incurred on appeal.
People v. Abbott, __ Colo. __, 638 P.2d 781 (1981).
Rationale for award of attorneys' fees. The reason this section provides for an
award of
attorneys' fees is two-fold: (1) to insulate the award of damages from being
substantially reduced
by the fees; and (2) to encourage the private bar to enforce its provisions in
actions which
generally involve small amounts of money. Ball v. Weller, 39 Colo. App. 14, 563
P.2d 371
(1977); Torres v. Portillos, __ Colo. __, 638 P.2d 274 (1981); Mau v. E.P.H.
Corp., __ Colo. __,
638 P.2d 777 (1981).
Hearing to determine amount of attorneys' fees. When a successful plaintiff has
requested
attorneys' fees in his complaint, such an award is mandatory, and it becomes
incumbent upon the
trial court to hold a hearing to determine the amount of reasonable attorneys'
fees to be awarded.
Ball v. Weller, 39 Colo. App. 14, 563 P.2d 371 (1977).
And awarding fees without hearing error. The trial court erred in awarding
attorneys' fees to
respondent without a hearing on their reasonableness. Heatherridge Mgt. Co. v.
Benson, 192
Colo. 190, 558 P.2d 435 (1976).
Factors considered in determining of reasonable fee. If the fee requested is
reasonable in light
of community standards and the other criteria to be considered by the court, it
is not appropriate
for a court to take into consideration what a major client may pay the attorney
on an hourly basis
or the possible absence of overhead expenses comparable to those borne by
lawyers in private
practice. Mau v. E.P.H. Corp., __ Colo. __. 638 P.2d 777 (1981).
When penalty provision attaches. If a landlord does not return a security
deposit within the
required time, the penalty provision of subsection (3)(a) attaches to that
portion of the money
wrongfully retained, plus attorneys' fees, and court costs. Turner v. Lyon, 189
Colo. 234, 539
P.2d 1241 (1975).
Statutory liability of subsection (3)(a) may be offset by an award, if any, made
to the landlord
by counterclaim for damages caused by the tenant to the property, and the
landlord has the burden
of proving the claim by a preponderance of the evidence. Turner v. Lyon, 189
Colo. 234, 539
P.2d 1241 (1975).
Statute of limitations. The treble damages provision of this section, being
penal in nature, is
governed by the one-year statute of limitations; however, the recovery of the
actual security
deposit and the award of attorneys' fees, being remedial in nature, are limited
by the six-year
statute of limitations. Carlson v. McCoy, 193 Colo. 391, 566 P.2d 1073 (1977).
38-12-103. Return of security deposit.
I. General Consideration.
II. Treble Damages and Attorneys' Fees.
I. GENERAL CONSIDERATION.
A restrictive endorsement, by which a landlord attempts to create a waiver of a
tenant's right
to legal recourse, is void under this section. Anderson v. Rosebrook, 737 P.2d
417 (Colo. 1987).
Applied in In re Quintana, 28 Bankr. 269 (Bankr. D. Colo. 1983).
II. TREBLE DAMAGES AND ATTORNEYS' FEES.
Entitlement to attorneys' fees.
In accord with original. See Kirkland v. Allen, 678 P.2d 568 (Colo. App. 1984).
Attorney's fees allowable include, etc.
Attorney fees allowable include those incurred in resolving an issue as to the
amount of
reasonable attorney's fees incurred in the underlying litigation and those
incurred on appeal. Mau
v. E.P.H. Corp., 638 P.2d 777 (Colo. 1981).
(This annotation is set forth in the supplement to correct an error as it
appeared in the 1982
Replacement Volume 16A.)
Rationale for award of attorneys' fees. The reason this section provides for an
award of
attorneys' fees is two-fold: (1) To insulate the award of damages from being
substantially reduced
by the fees; and (2) to encourage the private bar to enforce its provisions in
actions which
generally involve small amounts of money. Ball v. Weller, 39 Colo. App. 14, 563
P.2d 371
(1977); Torres v. Portillos, 638 P.2d 274 (Colo. 1981). (This annotation is set
forth in the
supplement to correct an error as it appeared in the 1982 Replacement Volume
16A.)
Hearing to determine amount of attorneys' fees.
In accord with original. See Kirkland v. Allen, 678 P.2d 568 (Colo. App. 1984).
When penalty provision attaches.
In accord with original. See Kirkland v. Allen, 678 P.2d 568 (Colo. App. 1984).
Where landlord deliberately fails to return security deposit within the
additional seven-day
period following the tenant's notice to landlord of his intention to file legal
proceedings, such
retention is logically "willful" under subsection (3)(a) treble
damages provisions. Kirkland v.
Allen, 678 P.2d 568 (Colo. App. 1984).
Prospective renter was not entitled to treble damages pursuant to this section
since deposit
paid for rental of condominium unit was not a security deposit but was instead
prepayment of the
entire rent for said unit. Mountain Queen Condo. Ass'n v. Haan, 753 P.2d 1234
(Colo. 1988).
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38-12-104. Return of security deposit - hazardous condition - gas appliance.
(1) Anytime service personnel from any organization providing gas service to a
residential
building become aware of any hazardous condition of a gas appliance, piping, or
other gas
equipment, such personnel shall inform the customer of record at the affected
address in writing
of the hazardous condition and take any further action provided for by the
policies of such
personnel's employer. Such written notification shall state the potential nature
of the hazard as a
fire hazard or a hazard to life, health, property, or public welfare and shall
explain the possible
cause of the hazard.
(2) If the resident of the residential building is a tenant, such tenant shall
immediately inform the
landlord of the property or the landlord's agent in writing of the existence of
the hazard.
(3) The landlord shall then have seventy-two hours excluding a Saturday, Sunday,
or a legal
holiday after the actual receipt of the written notice of the hazardous
condition to have the
hazardous condition repaired by a professional. "Professional" for the
purposes of this section
means a person authorized by the state of Colorado or by a county or municipal
government
through license or certificate where such government authorization is required.
Where no person
with such government authorization is available, and where there are no local
requirements for
government authorization, a person who is otherwise qualified and who possesses
insurance with
a minimum of one hundred thousand dollars public liability and property damage
coverage shall be
deemed a professional for purposes of this section. Proof of such repairs shall
be forwarded to the
landlord or the landlord's agent. Such proof may also be used as an affirmative
defense in any
action to recover the security deposit, as provided for in this section.
(4) If the landlord does not have the repairs made within seventy-two hours
excluding a
Saturday, Sunday, or a legal holiday, and the condition of the building remains
hazardous, the
tenant may opt to vacate the premises. After the tenant vacates the premises,
the lease or other
rental agreement between the landlord and tenant becomes null and void, all
rights and future
obligations between the landlord and tenant pursuant to the lease or other
rental agreement
terminate, and the tenant may demand the immediate return of all or any portion
of the security
deposit held by the landlord to which the tenant is entitled. The landlord shall
have seventy-two
hours following the tenant's vacation of the premises to deliver to the tenant
all of, or the
appropriate portion of, the security deposit plus any rent rebate owed to the
tenant for rent paid
by the tenant for the period of time after the tenant has vacated. If the
seventy-second hour falls
on a Saturday, Sunday, or legal holiday, the security deposit must be delivered
by noon on the
next day that is not a Saturday, Sunday, or legal holiday. The tenant shall
provide the landlord
with a correct forwarding address. No security deposit shall be retained to
cover normal wear
and tear. In the event that actual cause exists for retaining any portion of the
security deposit, the
landlord shall provide the tenant with a written statement listing the exact
reasons for the
retention of any portion of the security deposit. When the statement is
delivered, it shall be
accompanied by payment of the difference between any sum deposited and the
amount retained.
The landlord is deemed to have complied with this section by mailing said
statement and any
payments required by this section to the forwarding address of the tenant.
Nothing in this section
shall preclude the landlord from withholding the security deposit for nonpayment
of rent or for
nonpayment of utility charges, repair work, or cleaning contracted for by the
tenant. If the tenant
does not receive the entire security deposit or a portion of the security
deposit together with a
written statement listing the exact reasons for the retention of any portion of
the security deposit
within the time period provided for in this section, the retention of the
security deposit shall be
deemed willful and wrongful and, notwithstanding the provisions of section
38-12-103 (3), shall
entitle the tenant to twice the amount of the security deposit and to reasonable
attorney fees.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 91: Entire section added, p. 1691, 1, effective July 1.
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PART 2
MOBILE HOME PARK ACT
38-12-200.1. Short title. This part 2 shall be known and may be cited as the
"Mobile Home
Park Act".
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 85: Entire section added, p. 1198, 1, effective June 6.
-----------------------------------------------------------------------------
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 and the
owner of a mobile home situated in such park.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 85: Entire section added, p. 1198, 1, effective June 6.
-----------------------------------------------------------------------------
38-12-201. Application of part 2.
(1) This part 2 shall apply only to manufactured homes as defined in section
42-1-102 (82) (b),
C.R.S.
(2) Repealed, L. 81, p. 1817, 10, effective June 9, 1981.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 89: (1) amended, p. 729, 34, effective July 1. L. 94: (1) amended, p.
706, 13,
effective April 19.
Cross reference. As to the definition of mobile homes, see 12-51.5-101 (4).
Applied in Husar v. Larimer County Court, __ Colo. App. __. 629 P.2d 1104
(1981).
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38-12-201.5. Definitions. As used in this part 2, unless the context otherwise
requires:
(1) "Home owner" means any person or family of such person owning a
mobile home that is
subject to a tenancy in a mobile home park under a rental agreement.
(1.5) "Management" or "landlord" means the owner or person
responsible for operating and
managing a mobile home park or an agent, employee, or representative authorized
to act on said
management's behalf in connection with matters relating to tenancy in the park.
(2) "Mobile home" means a single-family dwelling built on a permanent
chassis designed for
long-term residential occupancy and containing complete electrical, plumbing,
and sanitary
facilities and designed to be installed in a permanent or semipermanent manner
with or without a
permanent foundation, which is capable of being drawn over public highways as a
unit, or in
sections by special permit.
(3) "Mobile home park" or "park" means a parcel of land used
for the continuous
accommodation of five or more occupied mobile homes and operated for the
pecuniary benefit of
the owner of the parcel of land, his agents, lessees, or assignees. Mobile home
park does not
include mobile home subdivisions or property zoned for manufactured home
subdivisions.
(4) "Mobile home space", "space", "mobile home
lot" or "lot" means a parcel of land within a
mobile home park designated by the management to accommodate one mobile home and
its
accessory buildings and to which the required sewer and utility connections are
provided by the
mobile home park.
(5) "Premises" means a mobile home park and existing facilities and
appurtenances therein,
including furniture and utilities where applicable, and grounds, areas, and
existing facilities held
out for the use of home owners generally or the use of which is promised to the
home owner.
(6) "Rent" means any money or other consideration to be paid to the
management for the
right of use, possession, and occupation of the premises.
(7) "Rental agreement" means an agreement, written or implied by law,
between the
management and the home owner establishing the terms and conditions of a
tenancy, including
reasonable rules and regulations promulgated by the park management. A lease is
a rental
agreement.
(8) Repealed.
(9) "Tenancy" means the rights of a home owner to use a space or lot
within a park on which
to locate, maintain, and occupy a mobile home, lot improvements, and accessory
structures for
human habitation, including the use of services and facilities of the park.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: (1) R & RE, (1.5) added, (5), (7), and (9) amended, and (8)
repealed, pp.
1310, 1315, 2, 1, 15, effective May 8.
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38-12-202. Tenancy - notice to quit. (1) (a) No tenancy or other lease or rental
occupancy of
space in a mobile home park shall commence without a written lease or rental
agreement, and no
tenancy in a mobile home park shall be terminated until a notice to quit has
been served. Said
notice to quit shall be in writing and in the form specified in section
13-40-107 (2), C.R.S. 1973.
The property description required in section 13-40-107 (2), C.R.S. 1973, shall
be deemed legally
sufficient if it states:
(I) The name of the landlord or the mobile home park;
(II) The mailing address of the property;
(III) The location or space number upon which the mobile home is situate; and
(IV) The county in which the mobile home is situate.
(b) Service of the notice to quit shall be as specified in section 13-40-108,
C.R.S. 1973.
Service by posting shall be deemed legally sufficient within the meaning of
section 13-40-108,
C.R.S. 1973, if the notice is affixed to the main entrance of the mobile home.
(c) (I) Except as otherwise provided in subparagraph (II) of this paragraph (c),
the home
owner shall be given a period of not less than thirty days, to be extended to
not less than sixty
days where the home owner must remove a multisection mobile home, to remove any
mobile
home from the premises from the date the notice is served or posted. In those
situations where a
multisection mobile home is being leased to, or occupied by, persons other than
its owner and in a
manner contrary to the rules and regulations of the landlord, then, in that
event, the tenancy may
be terminated by the landlord upon giving a thirty-day notice rather than said
sixty-day notice.
(II) If the tenancy is terminated on grounds specified in section 38-12-203 (1)
(f), the home
owner shall be given a period of not less than ten days, to be extended to not
less than fifteen days
where the home owner must remove a multisection mobile home, to remove any
mobile home
from the premises from the date the notice is served or posted.
(d) No lease shall contain any provision by which the home owner waives his
rights under this
part 2, and any such waiver shall be deemed contrary to public policy and shall
be unenforceable
and void. However, any lease may provide that the tenancy may be terminated on
the landlord's
notice in writing to the home owner, in such prescribed manner, to remove the
home owner's unit
from the premises within a period of not less than thirty days, to be extended
to not less than sixty
days where the home owner must remove a multisection mobile home, from the date
the notice is
served or posted. In those situations where a multisection mobile home is being
leased to, or
occupied by, persons other than its owner and in a manner contrary to the rules
and regulations of
the landlord, then, in that event, the tenancy may be terminated by the landlord
upon giving a
thirty-day notice rather than said sixty-day notice.
(2) The landlord or management of a mobile home park shall specify, in the
notice required by
this section, the reason for the termination of any tenancy in such mobile home
park.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: (1)(c) and (1)(d) amended, p. 1311, 3, effective May 8. L. 94:
(1)(c)
amended, p. 703, 1, effective April 19.
Cross reference. As to the form specified for notice to terminate a tenancy, see
13-40-107(2).
C.J.S. See 51C C.J.S., Landlord and Tenant, 89(3), 89(4).
Applied in Hurricane v. Kanover, Ltd., 651 P.2d 1218 (Colo. 1982).
-----------------------------------------------------------------------------
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. 1973. The property description
shall be deemed
legally sufficient and within the meaning of section 13-40-110, C.R.S. 1973, 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. 1973.
Service by
posting shall be deemed legally sufficient within the meaning of section
13-40-112, C.R.S. 1973,
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. 1973. Trial on the issue of
possession shall be timely
as specified in section 13-40-114, C.R.S. 1973, 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.
-----------------------------------------------------------------------------
38-12-203. Reasons for termination.
(1) After July 1, 1973, a tenancy shall be terminated pursuant to this part 2
only for one or more
of the following reasons:
(a) Failure of the home owner to comply with local ordinances and state laws and
regulations
relating to mobile homes;
(b) Conduct of the home owner, on the mobile home park premises, which
constitutes an
annoyance to other home owners or interference with park management;
(c) Failure of the home owner to comply with written rules and regulations of
the mobile
home park either established by the management in the rental agreement at the
inception of the
tenancy, amended subsequently thereto with the consent of the home owner, or
amended
subsequently thereto without the consent of the home owner on sixty days'
written notice if the
amended rules and regulations are reasonable, except when local ordinances and
state laws and
regulations or emergency situations require immediate compliance. However,
regulations
applicable to recreational facilities may be amended at the discretion of the
management. For
purposes of this paragraph (c), when the mobile home is owned by a person other
than the owner
of the mobile home park, the mobile home is a separate unit of ownership, and
regulations which
are adopted subsequent to the unit location in the park without the consent of
the home owner
and which place restrictions or requirements on that separate unit are prima
facie unreasonable.
Nothing in this paragraph (c) shall prohibit a mobile home park owner from
requiring compliance
with current park unit regulations at the time of sale or transfer of the mobile
home to a new
owner. Transfer under this paragraph (c) shall not include transfer to a coowner
pursuant to
death or divorce or to a new coowner pursuant to marriage.
(d) (I) Condemnation or change of use of the mobile home park. When the owner of
a mobile
home park is formally notified by an appropriate governmental agency that his
mobile home park
is the subject of a condemnation proceeding, the landlord shall, within
seventeen days, notify his
home owners in writing of the terms of the condemnation notice which he
receives.
(II) In those cases where the zoning law allows the landlord to change the use
of his land
without obtaining the consent of the zoning authority and where such change of
use would result
in eviction of inhabited mobile homes, the landlord shall first give the owner
of each mobile home
subject to such eviction a written notice of his intent to evict not less than
six months prior to
such change of use of the land, notice to be mailed to each home owner.
(e) The making or causing to be made, with knowledge, of false or misleading
statements on
an application for tenancy.
(f) Conduct of the home owner or any lessee of the home owner or any guest,
agent, invitee,
or associate of the home owner or lessee of the home owner, that:
(I) Occurs on the mobile home park premises and unreasonably endangers the life
of the
landlord, any home owner or lessee of the mobile home park, any person living in
the park, or any
guest, agent, invitee, or associate of the home owner or lessee of the home
owner;
(II) Occurs on the mobile home park premises and constitutes willful, wanton, or
malicious
damage to or destruction of property of the landlord, any home owner or lessee
of the mobile
home park, any person living in the park, or any guest, agent, invitee, or
associate of the home
owner or lessee of the home owner;
(III) Occurs on the mobile home park premises and constitutes a felony
prohibited under
article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S.; or
(IV) Is the basis for a pending action to declare the mobile home or any of its
contents a class
1 public nuisance under section 16-13-303, C.R.S.
(2) In an action pursuant to this part 2, the landlord shall have the burden of
proving that he
complied with the relevant notice requirements and that he provided the home
owner with a
statement of reasons for the termination. It shall be an affirmative defense
that the landlord's
allegations are false or that the reasons for termination are invalid.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 84: (1)(c) amended, p. 976, 1, effective July 1. L. 87: (1)(a),
(1)(b), (1)(c),
(1)(d), and (2) amended, p. 1311, 4, effective May 8. L. 94: (1)(f) added, p.
703, 2, effective
April 19.
C.J.S. See 51C C.J.S., Landlord and Tenant, 98, 112.
Applied in Hurricane v. Kanover, Ltd., 651 P.2d 1218 (Colo. 1982).
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38-12-204. Nonpayment of rent - notice required for rent increase.
(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 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 five 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. 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.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 85: Entire section amended, p. 1199, 1, effective July 1. L. 87:
Entire section
amended, p. 1312, 5, effective May 8.
C.J.S. See 51C C.J.S., Landlord and Tenant, 110, 112.
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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.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: Entire section amended, p. 1312, 6, effective May 8.
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38-12-206. Home owner meetings. Meetings of home owners relating to mobile home
living
and affairs in their park community hall or recreation hall, if such a facility
or similar facility exists,
shall not be subject to prohibition by the park management if the hall is
reserved according to the
park rules and such meetings are held at reasonable hours and when the facility
is not otherwise in
use.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: Entire section amended, p. 1313, 7, effective May 8.
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38-12-207. Security deposits - legal process. (1) The owner of a mobile home
park or his
agents may charge a security deposit not greater than the amount of one month's
rent or two
month's rent for multiwide units.
(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.
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38-12-208. Remedies. (1) (a) Upon granting judgment for possession by the
landlord in a
forcible entry and detainer action, the court shall immediately issue a writ of
restitution which the
landlord shall take to the sheriff. Upon receipt of the writ of restitution, the
sheriff shall serve
notice in accordance with the requirements of section 13-40-108, C.R.S., to the
home owner of
the court's decision and entry of judgment.
(b) The notice of judgment shall state that at a specified time, not less than
forty-eight hours
from the entry of judgment, the sheriff will return to serve a writ of
restitution and superintend the
peaceful and orderly removal of the mobile home under that order of court. The
notice of
judgment shall also advise the home owner to prepare the mobile home for removal
from the
premises by removing the skirting, disconnecting utilities, attaching tires, and
otherwise making
the mobile home safe and ready for highway travel.
(c) Should the home owner fail to have the mobile home safe and ready for
physical removal
from the premises or should inclement weather or other unforeseen problems occur
at the time
specified in the notice of judgment, the landlord and the sheriff may, by
written agreement, extend
the time for the execution of the writ of restitution to allow time for the
landlord to arrange to
have the necessary work done or to permit the sheriff's execution of the writ of
restitution at a
time when weather or other conditions will make removal less hazardous to the
mobile home.
(d) If the mobile home is not removed from the landlord's land on behalf of the
mobile home
owner within the time permitted by the writ of restitution, then the landlord
and the sheriff shall
have the right to take possession of the mobile home for the purposes of removal
and storage.
The liability of the landlord and the sheriff in such event shall be limited to
gross negligence or
willful and wanton disregard of the property rights of the home owner. The
responsibility to
prevent freezing and to prevent wind and weather damage to the mobile home lies
exclusively
with those persons who have a property interest in the mobile home; except that
the landlord may
take appropriate action to prevent freezing, to prevent wind and weather damage,
and to prevent
damage caused by vandals.
(e) Reasonable removal and storage charges and the costs associated with
preventing damage
caused by wind, weather, or vandals can be paid by any party in interest. Those
charges will run
with the mobile home, and whoever ultimately claims the mobile home will owe
that sum to the
person who paid it.
(2) (a) Prior to the issuance of said writ of restitution, the court shall make
a finding of fact
based upon evidence or statements of counsel that there is or is not a security
agreement on the
mobile home being subjected to the writ of restitution. A written statement on
the mobile home
owner's application for tenancy with the landlord that there is no security
agreement on the mobile
home shall be prima facie evidence of the nonexistence of such security
agreement.
(b) In those cases where the court finds there is a security agreement on the
mobile home
subject to the writ of restitution and where that holder of the security
agreement can be identified
with reasonable certainty, then, upon receipt of the writ of restitution, the
plaintiff shall promptly
inform the holder of such security agreement as to the location of the mobile
home, the name of
the landlord who obtained the writ of restitution, and the time when the mobile
home will be
subject to removal by the sheriff and the landlord.
(3) The remedies provided in part 1 of this article and article 40 of title 13,
C.R.S. 1973,
except as inconsistent with this part 2, shall be applicable to this part 2.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: (1)(a) to (1)(d) amended, p. 1313, 8, effective May 8. L. 91:
(1)(d) and
(1)(e) amended, p. 1695, 3, effective July 1.
Cross references. As to security deposits to secure the performance of a rental
agreement and
the wrongful withholding of such, see 38-12-101 through 38-12-103. As to the
general
provisions for forcible entry and detainer, see 13-40-101 through 13-40-123.
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38-12-209. Entry fees prohibited - entry fee defined - security deposit - court
costs. (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) As used in this section, "entry fee" means any fee paid to or
received from an owner of a
mobile home park or his agent except for:
(a) Rent;
(b) A security deposit against actual damages to the premises or to secure
rental payments,
which deposit shall not be greater than the amount allowed under this part 2.
Subsequent to July
1, 1979, security deposits will remain the property of the home owner, and they
shall be deposited
into a separate trust account by the landlord to be administered by the landlord
as a private
trustee. For the purpose of preserving the corpus, the landlord will not
commingle the trust
funds with other money, but he is permitted to keep the interest and profits
thereon as his
compensation for administering the trust account.
(c) Fees charged by any state, county, town, or city governmental agency;
(d) Utilities;
(e) Incidental reasonable charges for services actually performed by the mobile
home park
owner or his agent and agreed to in writing by the home owner.
(3) The trial judge may award court costs and attorney fees in any court action
brought
pursuant to any provision of this part 2 to the prevailing party upon finding
that the prevailing
party undertook the court action and legal representation for a legally
sufficient reason and not for
a dilatory or unfounded cause.
(4) The management or the resident may bring a civil action for violation of the
rental
agreement or any provision of this part 2 in the appropriate court of the county
in which the park
is located. Either party may recover actual damages or, the court may in its
discretion award such
equitable relief as it deems necessary, including the enjoining of either party
from further
violations.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: (2)(b) and (2)(e) amended, p. 1313, 9, effective May 8.
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38-12-210. Closed parks prohibited. (1) The owner of a mobile home park or his
agent shall
not require as a condition of tenancy in a mobile home park that the 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.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: (1) and (2) amended, p. 1314, 10, effective May 8. L. 92: (4)
amended, p.
1128, 12, effective July 1.
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38-12-211. Selling fees prohibited. The owner of a mobile home park or his agent
shall not
require payment of any type of selling fee or transfer fee by either a home
owner in the park
wishing to sell his mobile home to another party or by any party wishing to buy
a mobile home
from a home owner in the park as a condition of tenancy in a mobile home park
for the
prospective buyer. This section shall in no way prevent the owner of a mobile
home park or his
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 the home owner. Nothing in this section shall be
construed to affect
the rent charged. The owner of a mobile home shall have the right to place a
"for sale" sign on or
in his mobile home. The size, placement, and character of such signs shall be
subject to
reasonable rules and regulations of the mobile home park.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: Entire section amended, p. 1314, 11, effective May 8.
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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 his agent
for the purpose of reserving spaces or otherwise inducing acceptance of one or
more mobile
homes in a mobile home park.
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38-12-212.3. Responsibilities of landlord - acts prohibited.
(1) (a) Except as otherwise provided in this section, a landlord shall be
responsible for and pay
the cost of the maintenance and repair of:
(I) Any sewer lines, utility service lines, or related connections owned and
provided by the
landlord to the utility pedestal or pad space for a mobile home sited in the
park; and
(II) Any accessory buildings or structures, including, but not limited to, sheds
and carports,
owned by the landlord and provided for the use of the residents; and
(III) The premises as defined in section 38-12-201.5 (5).
(b) Any landlord who fails to maintain or repair the items delineated in
paragraph (a) of this
subsection (1) shall be responsible for and pay the cost of repairing any damage
to a mobile home
which results from such failure.
(2) No landlord shall require a resident to assume the responsibilities outlined
in subsection
(1) of this section as a condition of tenancy in the mobile home park.
(3) Nothing in this section shall be construed as:
(a) Limiting the liability of a resident for the cost of repairing any damage
caused by such
resident to the landlord's property or other property located in the park; or
(b) Restricting a landlord or his agent or a property manager from requiring a
resident to
comply with reasonable rules and regulations or terms of the rental agreement
and any covenants
binding upon the landlord or resident, including covenants running with the land
which pertain to
the cleanliness of such resident's lot and routine lawn and yard maintenance,
exclusive of major
landscaping projects.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 91: Entire section added, p. 1679, 1, effective April 19.
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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.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 91: Entire section added, p. 1679, 1, effective April 19.
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38-12-213. Rental agreement - disclosure of terms in writing. (1) The terms and
conditions of
a tenancy must be adequately disclosed in writing in a rental agreement by the
management to any
prospective home owner prior to the rental or occupancy of a mobile home space
or lot. Said
disclosures shall include:
(a) The term of the tenancy and the amount of rent therefor;
(b) The day rental payment is due and payable;
(c) The day when unpaid rent shall be considered in default;
(d) The rules and regulations of the park then in effect;
(e) The name and mailing address where a manager's decision can be appealed;
(f) All charges to the home owner other than rent.
(2) Said rental agreement shall be signed by both the management and the home
owner, and
each party shall receive a copy thereof.
(3) The management and the home owner may include in a rental agreement terms
and
conditions not prohibited by this part 2.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: IP(1), (1)(f), (2), and (3) amended, p. 1314, 12, effective May
8.
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38-12-214. Rules and regulations. (1) The management shall adopt written rules
and
regulations concerning all home owners' use and occupancy of the premises. Such
rules and
regulations are enforceable against a home owner only if:
(a) Their purpose is to promote the convenience, safety, or welfare of the home
owners,
protect and preserve the premises from abusive use, or make a fair distribution
of services and
facilities held out for the home owners generally;
(b) They are reasonably related to the purpose for which they are adopted;
(c) They are not retaliatory or discriminatory in nature;
(d) They are sufficiently explicit in prohibition, direction, or limitation of
the home owner's
conduct to fairly inform him of what he must or must not do to comply.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: IP(1), (1)(a), and (1)(d) amended, p. 1315, 13, effective May 8.
L. 92:
(1)(c) amended, p. 1128, 13, effective July 1.
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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.
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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.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: (1) amended, p. 1315, 14, effective May 8.
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38-12-217. Notice of sale of mobile home park. (1) The mobile home park owner
shall notify
the owners of all mobile homes in the park of his intent to sell. Such
notification shall be made
only once for any particular contract to sell or trade and shall be by written
notice mailed to each
mobile home owner at the address shown on the rental agreement with the mobile
home park
owner at least ten days prior to the first scheduled closing for the sale or
trade.
(2) The provisions of this section shall not apply to the sale of a mobile home
park when such
sale occurs between members of an immediate family or partners in a partnership.
For purposes of
this section "immediate family" means persons related by blood or
adoption.
** ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS
SECTION **
Source: L. 87: Entire section added, p. 1316, 1, effective July 1.
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PART 3
LOCAL CONTROL OF RENTS PROHIBITED
38-12-301. Control of rents by counties and municipalities prohibited.
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 which would control rents on private residential
property. 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.
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.