Colorado Mobile Home Park Lease Law: What Operators Need to Include

What must a mobile home lot lease include in Colorado?

If you rent lot space in a Colorado mobile home park, the lease is governed by the Colorado Mobile Home Park Act (CMHPA), C.R.S. 38-12-200.1 and following. The core rule is simple: the tenancy terms must be put in writing, in a signed rental agreement, before the home owner rents or occupies the lot.

C.R.S. 38-12-213(1) requires management to adequately disclose the terms and conditions of the tenancy in writing, in English, or in both English and Spanish on request. The agreement must be signed by both management and the home owner, and each side keeps a copy.

The written agreement must spell out the rent and term, when rent is due, when a late fee attaches, the park rules in effect, where a manager's decision can be appealed, and every charge other than rent. On top of the lease itself, operators must post and hand out the state Division of Housing's Notice of Home Owner and Resident Rights. A Colorado lot lease is month-to-month by default, but a home owner in good standing can require a fixed term of at least one year, and certain lease clauses are flatly prohibited and void.

The written rental agreement requirement (C.R.S. 38-12-213)

C.R.S. 38-12-213(1) makes the written rental agreement mandatory and requires it before the rental or occupancy of the mobile home space or lot. It must be in English, or in both English and Spanish if the home owner asks.

Under C.R.S. 38-12-213(2), the agreement must be signed by both the management and the home owner, and each party must receive a copy. Do not let a home owner move in on a handshake or an unsigned draft.

C.R.S. 38-12-213(4) sets the term rules. The standard rental agreement is month-to-month. But on written request from a home owner who is current on rent and not in violation, the landlord must allow a fixed tenancy of at least one year, and cannot evict or penalize the home owner for asking. Section 38-12-213(7) also makes it a violation to require a home owner to sign a new lease that breaks these rules, or to mislead a home owner about the obligation to sign.

Required disclosures and fees (C.R.S. 38-12-213(1))

C.R.S. 38-12-213(1) lists exactly what the agreement must disclose: (a) the term of the tenancy and the amount of rent; (b) the day rent is due and payable; (c) the day unpaid rent goes into default for a late fee, which cannot be sooner than ten calendar days after rent is due; (d) the park rules and regulations then in effect; (e) the name and mailing address where a manager's decision can be appealed; and (f) all charges to the home owner other than rent, including late fees.

Two disclosures trip operators up most. First, you cannot charge a late fee before day ten under 38-12-213(1)(c). Second, every non-rent charge (utilities pass-throughs, fees, and late fees) must be disclosed in writing under 38-12-213(1)(f) — undisclosed fees are not collectible.

Separately from the lease, C.R.S. 38-12-1104(2) and 8 CCR 1302-15 require the landlord to post the Colorado Division of Housing's Notice of Home Owner and Resident Rights, in English and Spanish, in every common area, and to give copies to home owners and renters within seven calendar days of receiving it. This is Colorado's statutory statement of resident rights and it is a compliance item auditors check.

Prohibited lease provisions and park rules (C.R.S. 38-12-213(5) and 38-12-214)

C.R.S. 38-12-213(5) prohibits five kinds of clauses: a waiver of any rights created by the Act (part 2) or part 11; a home owner's agreement to a possessory lien; a waiver of the opportunity to purchase the park under 38-12-217; a clause binding the home owner to arbitration in lieu of a civil trial; and a clause authorizing anyone to confess judgment. Under 38-12-213(6), any such clause is against public policy, unenforceable, and void — including it does not just fail, it can expose you to a violation.

Park rules are governed by C.R.S. 38-12-214. Management must adopt written rules and give the home owner a written copy in English and Spanish. Rules are enforceable only if they serve a legitimate purpose such as safety, welfare, or fair distribution of services; are reasonably related to that purpose; are not arbitrary, capricious, unreasonable, retaliatory, or discriminatory; and are explicit enough to tell the home owner what is required.

Rules cannot be changed at will. Amendments generally require the home owner's written consent or at least sixty days' written notice, posted in a common area and conspicuously on each lot, in English and Spanish. Rules that impose costs on the home owner or restrict control over the home are presumed unreasonable unless management proves they are strictly necessary. (After the 2019-2022 amendments the Act was renumbered — prohibited provisions are in 38-12-213(5), not a standalone 38-12-214, and the park-rules standard is 38-12-214.)

Lease requirements at a glance in Colorado

• Written and signed
  A written rental agreement is required before occupancy, signed by both parties, with a copy to each (C.R.S. 38-12-213(1)-(2)).
• Language
  English, or both English and Spanish on the home owner's request (C.R.S. 38-12-213(1)).
• Rent and due date
  Must state the term, the rent amount, and the day rent is due and payable (C.R.S. 38-12-213(1)(a)-(b)).
• Late-fee timing
  Default for a late fee cannot occur sooner than ten calendar days after rent is due (C.R.S. 38-12-213(1)(c)).
• All non-rent charges disclosed
  Every charge other than rent, including late fees, must be listed in writing (C.R.S. 38-12-213(1)(f)).
• Rules and appeal address
  Attach the park rules then in effect and the name and mailing address for appealing a manager's decision (C.R.S. 38-12-213(1)(d)-(e)).
• Term rights
  Month-to-month by default; a home owner in good standing may require a fixed term of at least one year (C.R.S. 38-12-213(4)).
• Prohibited clauses are void
  No rights-waiver, possessory lien, park-purchase waiver, mandatory arbitration, or confession of judgment (C.R.S. 38-12-213(5)-(6)).
• Reasonable, bilingual rules
  Park rules must be written, provided in English and Spanish, reasonable and non-discriminatory, with 60-day notice to amend (C.R.S. 38-12-214).
• Post the rights notice
  Post and distribute the Division of Housing Notice of Home Owner and Resident Rights, English and Spanish, within seven days (C.R.S. 38-12-1104; 8 CCR 1302-15).

Operator best practices in Colorado

• Use a current CMHPA-compliant template
  Base your lot lease on the current C.R.S. 38-12-213 checklist; the Act was renumbered in 2019-2022, so verify section numbers before you rely on an old form.
• Build in the 10-day late-fee floor
  Set your default and late-fee date at day ten or later so 38-12-213(1)(c) is satisfied automatically.
• Itemize every non-rent charge
  List utilities pass-throughs, fees, and late fees in the lease; undisclosed charges under 38-12-213(1)(f) are not collectible.
• Keep signed copies
  Get both signatures and deliver a copy to the home owner every time, and retain your executed counterpart (38-12-213(2)).
• Honor fixed-term requests
  When a home owner in good standing asks in writing for a one-year term, grant it and never retaliate (38-12-213(4)(b)).
• Scrub prohibited clauses
  Remove any waiver, possessory-lien, arbitration, park-purchase-waiver, or confession-of-judgment language — these are void and can be violations (38-12-213(5)-(6)).
• Maintain bilingual rules and post the state notice
  Keep park rules in English and Spanish with the 60-day posted-notice process for changes (38-12-214), and keep the Division of Housing rights notice posted and distributed within seven days (38-12-1104).
• Build a relationship with a Colorado MHP attorney
  The CMHPA carries a private right of action and steep penalties (C.R.S. 38-12-220); have Colorado counsel review your lease and rules before rollout.