Colorado Revised Statutes (C.R.S.) section (§) 38-12-204 states when and how a mobile home park landlord can increase rent. Click on the link to read § 38-12-204. Nonpayment of rent--notice required for rent increase--limitation on rent increases (last updated 10/1/2022).
Effective October 1, 2022, any notice of rent increase that does not comply with section 38-12-204 is invalid and cannot take effect.
List of Mobile Home Parks that Likely Cannot Increase Rent
Effective October 1, 2022, a landlord is prohibited from increasing lot rent if the mobile home park:
- Does not have a current, active registration filed with the Division of Housing (Division);
- Has any unpaid penalties owed to the Division; OR
- Has not fully complied with any Final Agency Order issued by the Division.
The Division maintains a list of mobile home parks that are likely prohibited from increasing rent at this time, due to one or more of the reasons above. Click on the link to view the list: List of Mobile Home Parks Likely Prohibited from Increasing Rent.
Rent Increase Prohibited - New Notice Required
If a landlord provides a rent increase notice to home owners:
- Less than 60 days before the rent increase will take effect;
- When the park does not have an active state registration;
- When the park has an unpaid penalty owed to the Division;
- When the park has not fully complied with a Final Agency Order issued by the Division; OR
- That will result in more than one rent increase in 12 months,
The rent increase notice and planned rent increase is invalid and has no force and effect. C.R.S. § 38-12-204(5) (effective 10/1/2022).
In order to increase rent, the landlord will need to:
- Correct the effective date of the rent increase or bring the park into compliance with the Mobile Home Park Oversight Program; AND
- After the park is in compliance, issue a new rent increase notice to home owners, at least 60 days before the corrected rent increase will go into effect.
For additional information and examples, read the Answers to Frequently Asked Questions - Rent Increases below.
60 Days’ Notice Required
A landlord must provide written notice of any rent increase to home owners at least 60 (sixty) calendar days before the increased amount is due and payable to the landlord.
| Example: A home owner’s lot rent is due on the 5th of the month. If a landlord wants to increase rent effective March 5, 2023, the landlord must provide a written notice to the home owner on or before January 4, 2023. |
The written notice of rent increase must include the following information:
- The amount of the rent increase;
- The effective date of the rent increase; and
- The name, address, and telephone number of park management.
The following information on the ownership of the mobile home park must also be included in the rent increase notice, unless this information is included in the home owner’s rental agreement:
- Whether park management is a principal owner or owner of the park; and
- If the park owner is not a natural person (i.e. is a limited liability company, trust, non-profit organization), the name, address, and telephone number of the owner’s chief executive officer or managing partner.
Only One Rent Increase Every 12 Months
Under Colorado law, a landlord can only increase a resident or home owner’s rent once in any twelve-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; and
- Whether the tenant’s rental agreement is for a fixed tenancy, a month-to-month tenancy, or an indefinite term.
| Example: On January 1, 2022, a home owner’s lot rent increased by $100. The landlord cannot increase the home owner’s lot rent again until on or after January 1, 2023. |
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.
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Example: On March 1, 2022, a home owner’s lot rent increased by $100. The landlord provided notice to the home owner on November 2, 2022 that the landlord intends to increase the home owner’s lot rent effective January 1, 2023.
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Note that 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.
| Example: On March 1, 2022, a home owner’s lot rent increased by $100. The landlord may provide notice to the home owner on December 28, 2022 that the landlord intends to increase the home owner’s lot rent effective March 1, 2023. |
Answers to Frequently Asked Questions - Rent Increases
No. There is not currently a limit on the amount that a landlord can increase rent for a mobile home lot or mobile home each year.
The landlord cannot legally increase the rent. The landlord must provide a written notice to residents at least 60 days before rent is due to increase the rent. The 60-day notice rule applies to residents on month-to-month leases and any residents who do not have a written lease.
The landlord cannot move forward with the planned rent increase. To increase rent, the landlord will need to issue a new written notice to home owners, at least 60 days before the corrected rent increase will take effect.
Example: A home owner’s lot rent is due on the 1st of the month. The landlord gave a written notice to the home owner on December 15, 2022 that the home owner’s rent would increase on January 1, 2023 by $50 a month.
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MAYBE. It depends on the term, or time period, for which the initial lease was signed.
If a resident’s initial lease is for a month-to-month rental term, the landlord could increase rent within the first twelve (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 MHPOP. This is because the initial lease a tenant signs, which establishes the base rent for the tenancy, does not count as a rent increase.
However, if a home owner signs an initial lease for a longer term (ex. 12 months), the landlord cannot increase the tenant’s rent until the lease term is over. The lease is a contract which establishes the amount of the rent for the full term or timeframe of the lease.
If a home owner does not want to face a potential rent increase in the first months of their tenancy, the home owner can ask the landlord in writing for a longer lease term. Per section 38-12-213(4)(b), C.R.S., a home owner can submit a written request to the landlord for a lease for a fixed tenancy of one year. The landlord is required grant the home owner’s request for a one-year lease if the following conditions are met:
- The home owner’s request is made in writing;
- The home owner is current on all rent payments; and
- The home owner is not in violation of the terms of their existing lease.
A landlord is allowed to make the initial lease term for less than one year, in order to ensure conformity 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.” C.R.S. § 38-12-213(4)(b)
While an initial lease does not count as a rent increase, a second or subsequent lease that increases the rent amount does count as a rent increase. Therefore, the landlord would not be able to increase the home owner’s rent again for at least 12 months.
The landlord cannot move forward with the planned rent increase. To increase rent, the landlord will need to:
- Submit any outstanding registration forms, information, documents, or fees to the Division;
- Receive confirmation from the Division that the park’s registration is active; and then
- Issue a new written notice to home owners, at least 60 days before the corrected rent increase will take effect.
Example: A home owner’s lot rent is due on the 1st of the month. The landlord gave written notice to the home owner on November 1, 2022 that the home owner’s rent would increase on January 1, 2023. However, the park’s registration was expired on November 1, 2022.
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No, a pending registration is different from an active registration. “Pending” status means that a landlord has submitted a registration form, documents, or payment to the Division for the park, but the Division has not confirmed yet whether the information is complete and the registration can be accepted by the Division. After the Division confirms a park’s registration is complete, the Division will notify the landlord by email (or post mail, if no email address is provided) that the park’s registration is active.
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Example: A home owner’s lot rent is due on the 1st of the month. The landlord gave a written notice to the home owner on November 1, 2022 that the home owner’s rent would increase on January 1, 2023. However, the park’s state registration expired on October 1, 2022 and has not been renewed by the landlord.
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It depends. Landlords are encouraged to read the Division’s registration information packet carefully, and ensure that all required information, attachments, and payments (if any) have been included before submitting the park’s registration to the Division. Pursuant to section 38-12-1106(7), C.R.S., a park’s registration is not complete unless all required information has been provided, and the Division may not accept incomplete registration applications.
If you recently submitted a registration renewal application for your mobile home park and you intend to issue a new rent increase notice in the next 30 days, please notify the Division at MHPOP@state.co.us (preferred) or 1-833-924-1147 (toll free). Division staff can assist you in determining the status of your park’s registration application.
The landlord cannot move forward with the planned rent increase. To increase rent, the landlord will need to:
- Pay the outstanding penalty(ies) owed to the Division; and
- Issue a new written notice to home owners, at least 60 days before the corrected rent increase will take effect.
Example: A home owner’s lot rent is due on the 1st of the month. The landlord gave written notice to the home owner on November 1, 2022 that the home owner’s rent would increase on January 1, 2023. However, as of November 1, 2022, the park had an unpaid penalty owed to the Division.
CO Division of Housing
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No. The Division may issue a Notice of Violation (NOV) against a mobile home park landlord (or resident home owner) for a violation(s) of the Mobile Home Park Act (Act), Dispute Resolution and Enforcement Program (DREP), or Program rules. An individual or entity has 15 business days after the NOV is served to request an administrative hearing on the NOV with the Office of Administrative Courts, before the NOV becomes a Final Agency Order.
If a hearing is not requested within 15 business days after the NOV is served, the NOV becomes a Final Agency Order. The individual or entity that received the NOV must comply with the requirements in the NOV within seven (7) days of the NOV becoming a Final Agency Order.
If a hearing is requested within 15 business days after the NOV is served, the NOV is not yet a Final Agency Order, and the individual or entity that received the NOV is not required to comply while the administrative hearing is pending. After an administrative hearing on the NOV takes place, an Administrative Law Judge will enter an order within 30 days. The Administrative Law Judge’s order is considered a Final Agency Order of the Division, and the individual or entity that receives the order must comply with its requirements within seven (7) days.
If a landlord learns or realizes that they issued a rent increase notice 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 pay 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 rent is due under the home owner’s rental agreement.
If a home owner believes they were given a rent increase notice that is incorrect or was not valid, the home owner may:
- Contact the Mobile Home Park Oversight Program at MHPOP@state.co.us (preferred) or 1-833-924-1147 (toll free); or
- Submit a complaint to the Division. Find out how to file a complaint here: Mobile Home Park Complaints.
Please include a copy of the rent increase notice(s) you received when you contact or file a complaint with the Program.
Need to contact the Mobile Home Park Oversight Program?
- MHPOP@state.co.us (preferred);
- Toll Free: 1-833-924-1147; or
- Fax: 720-927-2630
- Join the Program's email list