Renew and End Leases

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Leases and Park Sales

Home owners are most likely not required to sign a new lease even if a new owner purchases the mobile home park they live in.

“After the sale of the [mobile home park], the existing lease agreements remain in effect, as do the park rules and regulations unless changed pursuant to statute. The new ownership should not be able to require the tenants to sign a new lease agreement.” See Troendle, Karin M. and Witteveld, Alex (2019). “Rights and Obligations: Colorado Landlord-Tenant Law From the Perspective of a Tenant Advocate” (8th ed.).

Learn more about what to do if you’re a resident whose mobile home park is for sale and steps landlords must take to sell their park.

How New Leases Can Happen

Mutual Agreement

Mobile home park landlords and mobile home owners can mutually agree to sign a new lease, but if the landlord requests a change in lease terms, the mobile home owner doesn’t have to agree to modify the terms of the lease. See Troendle and Witteveld, "Colorado Landlord-Tenant Law."

Home Owner Request

A home owner can submit a written request to the landlord for a lease with a fixed tenancy of one year. The landlord is required to grant the home owner’s request for a one-year lease as long as the home owner:

• Made the request in writing
• Is current on all rent payments
• Isn’t in violation of the terms in their existing lease

A landlord is allowed to make the initial lease term for less than one year to conform with a standard anniversary date. However, it is a violation of the Mobile Home Park Act for a landlord to evict or otherwise penalize a home owner for requesting a rental agreement for a fixed period.

See section 38-12-213(4)(b), C.R.S.

Residents can get details on what to do about rent increases.

Every time a tenant signs a new lease, the landlord must provide the Notice of Home Owner and Resident Rights in English and Spanish. 

How Lease Terminations Can Happen

A landlord can only terminate a home owner’s lot lease for cause and for the specific reasons listed in sections 38-12-203(1) and 38-12-204(1) of the Mobile Home Park Act. See sections 38-12-202 to 205, C.R.S.

Since at least 2005, Colorado courts have interpreted this “for cause” termination requirement to mean that after a home owner's initial lease period ends, the home owner moves to a month-to-month tenancy and is not required to sign a new lease or new park rules and regulations. See Duhon v. Nelson, 126 P.3d 262 (Colorado Court of Appeals 2005).

Park Closures and Changing Lot Use

If a landlord wants to close or change the use of one or more mobile home lots, the landlord must provide a written notice to the home owner renting the lot at least 12 months before the change will take effect. See sections 38-12-203(1)(d)(II) and 38-12-217(1)(b), C.R.S.

Any home owner whose home will be displaced can submit a written demand for compensation to the landlord. If the landlord receives such demand, the landlord must either:

• Pay the home owner for the cost of relocating the mobile home and their personal belongings to a location of the home owner’s choosing
• Buy the home owner’s mobile home for 100% of the in-place fair market value of the home as determined by an appraiser or for a flat amount, whichever is greater.

Until July 1, 2024, the flat amount is $7,500 for a single-section home or $10,000 for a multi-section home. On July 1, 2024, the flat amount will be adjusted based on the consumer price index. See section 38-12-203.5(2), C.R.S.  Learn more about what a change of use means for residents and landlords.

When Leases and State Law Conflict

If there is a direct conflict between a lease provision and state law, state law will prevail. The lease may also have a severability clause, which would take lease provisions that are illegal or unenforceable out of the contract but leave the rest of the lease intact.

Violations

Misleading Residents

It is a violation of the Mobile Home Act for the management or landlord of a mobile home park to mislead a home owner about the home owner's obligation to sign a new lease or rental agreement.

It is also unlawful for a landlord to make any oral or written statement threatening eviction for a violation or action that is not grounds for terminating a tenancy under the Mobile Home Act.

If a landlord violates either of these provisions, a home owner may file a complaint with the Division of Housing or a civil action in court. If the division or a court determines a landlord violated these provisions, the landlord may be required to take actions to remedy the violation.

For example, if a home owner takes civil action in the court and the court determines the landlord made a statement threatening eviction for something that is not grounds for ending a tenancy, the court may award a statutory penalty of up $20,000 to the home owner.

See sections 38-12-213(7) and 38-12-203(3), C.R.S.

Increasing Rent in Retaliation

A landlord can’t charge home owners more in monthly rent for choosing not to sign a new annual lease.

The Mobile Home Act prohibits the management or landlord of a mobile home park from taking any retaliatory action against a home owner or resident who exercises any of their legal rights, including increasing rent.

Month-to-month premiums are prohibited under the Mobile Home Act because they are a selective rent increase only for home owners who exercised their legal right not to sign a new lease.

See sections 38-12-212.5(1) and section 38-12-201.5(12)(a), C.R.S.