Rent Increases in Mobile Home Parks

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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.

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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.

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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.

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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.
     
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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.

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.

  • The November 2, 2022 rent increase notice was not valid, and the rent increase cannot take effect. The landlord should contact any home owners who received the invalid notice to let them know that the rent increase will not go into effect on January 1, 2023.
  • The landlord should not collect the $100 rent increase on January 1, 2023. If a home owner pays an additional $100 on January 1, 2023, the landlord should refund $100 to the home owner.
  • The landlord may issue a new written notice to home owners, at least 60 days before the corrected rent increase will take effect.
    • For example, the landlord may issue a new rent increase notice on or before December 28, 2022, for a rent increase to take effect on March 1, 2023.

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

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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.
  • The landlord should contact any home owners who received the invalid notice to let them know that the rent increase will not go into effect.
  • The landlord should not collect the $50 rent increase on January 1, 2023.
  • If a home owner pays an additional $50 on January 1, 2023, the landlord should refund $50 to the home owner.
  • The landlord may issue a new written notice to home owners, at least 60 days before the corrected rent increase will take effect.
    • For example, the landlord may issue a new rent increase notice on December 28, 2022, for a rent increase to take effect on March 1, 2023.

 

The landlord cannot move forward with the planned rent increase. To increase rent, the landlord will need to:

  1. Submit any outstanding registration forms, information, documents, or fees to the Division;
  2. Receive confirmation from the Division that the park’s registration is active; and then
  3. 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.
  • The landlord cannot increase rent on January 1, 2023. The landlord should contact the home owner(s) to let them know that there will not be a rent increase on January 1, 2023.
  • The landlord must submit a complete registration form and payment to the Division as soon as possible. Find out how to register here: Register a Mobile Home Park.
  • After the landlord receives notice from the Division that their park's registration renewal is approved, the landlord may issue a new 60-day rent increase notice.
    • For example, if the Division confirms the park’s registration renewal is active effective January 15, 2023, the landlord may issue a new rent increase notice on or before January 31, 2023, for a rent increase to take effect on April 1, 2023.

 

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.

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.

  • The landlord cannot increase rent on January 1, 2023. The landlord should contact the home owner(s) to let them know that there will not be a rent increase on January 1, 2023.
  • This is true even if the landlord submits a registration form to the Division and the park’s registration is in “pending” status on or before January 1, 2023.
  • After the landlord receives notice from the Division that their park's registration renewal is approved, the landlord may issue a new 60-day rent increase notice.
    • For example, if the Division confirms the park’s registration is active effective January 15, 2023, the landlord may issue a new rent increase notice on or before January 31, 2023, for a rent increase to take effect on April 1, 2023.

 

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:

  1. Pay the outstanding penalty(ies) owed to the Division; and
  2. 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.
  • The landlord cannot increase rent on January 1, 2023. The landlord should contact the home owner(s) to let them know that there will not be a rent increase on January 1, 2023.
  • The landlord should pay the outstanding penalty(ies). Penalties can be paid: 
    • Online, by logging into an existing park account (https://socgov17.force.com/MHP).
    • Online, by contacting Program staff at MHPOP@state.co.us to activate an online account for your park.
    • By mailing a check for the penalty amount made out to the “CO Division of Housing” to the address below. Write your park name and registration number (MHP-XXXX) on the memo line of the check.

CO Division of Housing
ATTN: MHPOP Registrations
1313 Sherman St. #320
Denver, CO 80203

  • After the landlord receives notice from the Division that their park's registration renewal is approved, the landlord may issue a new 60-day rent increase notice.
    • For example, if the park’s outstanding penalty is paid online on January 15, 2023, the landlord may issue a new rent increase notice on or before January 31, 2023, for a rent increase to take effect on April 1, 2023.

 

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.
 

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Need to contact the Mobile Home Park Oversight Program?