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Colorado Laws and Mobile Home Park Rent
Under Colorado law, mobile home park rent increases can only occur when:
- The landlord provides at least 60 days’ notice before the increase will take effect
- There hasn’t been another rent increase within 12 months for that tenant
A landlord is prohibited from increasing lot rent if the mobile home park:
- Doesn’t have a current, active registration with the Division of Housing
- Owes unpaid fees or penalties to the Division of Housing
- Hasn’t complied with a Division of Housing-issued final agency order
The division maintains a list of mobile home parks that are likely prohibited from increasing rent for any of these reasons.
Effective June 2023, a landlord is also prohibited from increasing lot rent if the mobile home park has missed the deadline to comply with a provision concerning remediation of water quality issues identified by the Colorado Department of Public Health and Environment. For information on remediation, see section 25-8-1003(2), C.R.S.
The law doesn’t set a rent cap, or limit on the amount that a landlord can increase rent, for a mobile home lot or mobile home each year.
Notice Requirements
At Least 60 Days’ Notice
A landlord must provide written notice of any rent increase to home owners at least 60 calendar days before the increased amount goes into effect.
The 60-day notice law applies to residents on any type of lease, whether it is a written lease for a fixed period or a month-to-month lease. The 60-day notice law also applies to any residents who don’t have a written lease.
Example:
A home owner’s lot rent is due on the 5th of the month. If a landlord wants to increase rent effective April 1, 2024, the landlord must provide a written notice to the home owner on or before January 31, 2024.
Required Information
The written notice of rent increase must include:
- Amount of the rent increase
- Effective date of the rent increase
- Park management’s name, address, and telephone number
Unless listed in the rental agreement, the notice should also include:
- Whether park management is a principal owner or owner of the park
- If the park owner is an entity (such as a limited liability company, trust, or nonprofit organization), the name, address, and telephone number of the owner’s chief executive officer or managing partner
Correct a Previous Rent Notice
Under Colorado law, if a landlord provides a rent increase notice to home owners:
- Less than 60 days before the rent increase will take effect
- That will result in more than one rent increase in 12 months for that tenant
- When the park doesn’t have an active state registration
- When the park has an unpaid penalty or fee
- When the park hasn’t fully complied with a division-issued final agency order
The rent increase notice and planned rent increase is invalid and has no force and effect.
If a landlord issued a rent increase notice to home owners when the mobile home park was not in compliance with state requirements, the landlord should take the following steps:
- Contact any home owners who received the invalid notice to let them know that the rent increase will not go into effect.
- If any home owners paid the increased amount, refund the amount of the invalid rent increase.
- After the park comes into compliance, the landlord may issue a new notice to home owners to increase lot rent:
- At least 60 days before the rent increase will take effect
- 12 months from the last increase under the home owner’s rental agreement
One Increase Every 12 Months
Under Colorado law, a landlord can only increase a resident or home owner’s rent once in any 12-month period of consecutive occupancy by the tenant. This is true regardless of:
- Whether there is a written rental agreement for the tenancy
- The length of the tenancy
- Whether the tenant’s rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term
A landlord may provide notice of a planned rent increase less than 12 months after the last rent increase took effect, as long as the effective date of the planned rent increase is at least 12 months after the effective date of the last rent increase.
If a landlord provides notice of a rent increase that will go into effect less than 12 months after the last rent increase took effect, the landlord must issue a new, written notice to home owners at least 60 days before the corrected rent increase will go into effect.
Example:
On March 1, 2024, a home owner’s lot rent increased by $100. The landlord can’t increase the home owner’s lot rent again until March 1, 2025 or later. The landlord must provide written notice to home owners at least 60 days before the rent increase, which is December 31, 2024, but the landlord can provide notice before then.
Rent Increases Within the First 12 Months of Initial Leases
Whether a landlord can increase rent within the first 12 months of initial leases depends on the term, or time period, for which the initial lease was signed.
Month-to-Month
If the initial lease is for a month-to-month term, the landlord could increase rent within the first 12 months after the lease is signed, provided the landlord provides at least 60 days’ advance written notice of the increase to the home owner and the park is in compliance with state law.
This is because the initial lease a tenant signs establishes the base rent and doesn’t count as a rent increase.
Longer Leases
If the initial lease is for an established time frame other than month-to-month, the landlord can’t increase the tenant’s rent until the lease term is over. This is because the lease is a contract that establishes the amount of the rent for the full term of the lease.
Must be in Compliance
Current, Active Registration
If a park isn’t actively registered with the division at the time of a rent increase notice, that notice is invalid. The landlord can’t move forward with the planned rent increase.
To increase rent, the landlord needs to:
- Submit any outstanding registration forms, information, documents, or fees
- Receive confirmation from the division that the park’s registration is active
- Issue a new written notice to home owners at least 60 days before the corrected rent increase will take effect
Example:
A park had a registration that was set to expire November 1, 2023, but they did not renew. They are out of compliance with the state, but they issued a rent increase notice to their tenants also on November 1, 2023 to go into effect on January 1, 2024. Because they are not actively registered with the state, the notice is invalid. The landlord:
- Can’t increase rent on January 1, 2024 and should contact the home owners to let them know this rent increase will not be happening
- Must submit a complete registration form and payment as soon as possible
- Should wait for confirmation the park’s registration renewal is active
- May issue a new 60-day rent increase notice
- Example: If the division confirms the park’s registration renewal is active effective January 15, 2024, the landlord may issue a new rent increase notice on or before January 31, 2024 for a rent increase to take effect on April 1, 2024.
Check a Park’s Registration Status
You can check any Colorado mobile home park’s registration status on our list of registered parks.
A pending registration status means the landlord submitted a registration form, documents, or payment, but the division hasn’t confirmed yet whether the information is complete.
After the division confirms a park’s registration is complete, that park’s registration becomes active.
Landlords who recently submitted a registration renewal application and intend to issue a new rent increase notice in the next 60 days should email MHPOP@state.co.us or call 1-833-924-1147 to ensure timely review of the application and avoid any disruptions to the planned rent increase.
Unpaid Penalties or Noncompliance with Final Agency Orders
If a landlord owes an unpaid fee or penalty to the division at the time of issuing a rent increase notice, the landlord can’t move forward with the planned rent increase.
To increase rent, the landlord needs to:
- Pay any outstanding fee or penalty
- Receive confirmation that their park’s registration renewal is approved (if applicable)
- Issue a new written notice to home owners at least 60 days before the corrected rent increase will take effect
Similarly, rent can’t increase when a landlord hasn’t fully complied with a final agency order the division issued.
Pay a Fee or Penalty
Landlords can pay a fee or penalty by:
- Logging in to an existing online account for the park
- Contacting MHPOP@state.co.us to activate an online account for the park
- Mailing a check made out to “CO Division of Housing” with the park name and registration number (MHP-) on the memo line to: CO Division of Housing, Attn: MHPOP, 1313 Sherman St #320, Denver, CO 80203