Cal. Civ. Code § 38-12-1301

Definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoEviction & Just Cause

Operative Text

Cal. Civ. Code § 38-12-1301
As used in
this part 13, unless the context otherwise requires:

(1) 
"Accessory dwelling unit" has the meaning set forth in section
38-12-801 (7)(a).

(2) 
"Cause" means a circumstance described in section 38-12-1303 (2).

(3) 
"Dwelling unit" has the meaning set forth in section 38-12-502 (3).

(4) 
"Family member" has the meaning set forth in section 8-13.3-503 (11).

(5) 
"Landlord" means a landlord, as defined in section 38-12-502 (5);
except that "landlord" does not include the management or landlord of
a mobile home park, as defined in section 38-12-201.5 (3), unless:

(a) The
management or landlord of a mobile home park is renting both a mobile home
space, as defined in section 38-12-201.5 (6.5), and a mobile home, as defined
in section 38-12-201.5 (5), to a mobile home park resident, as defined in
section 38-12-201.5 (11); and

(b) The
mobile home park resident is not residing in the mobile home park under a
lease-to-own agreement.

(6) 
"No-fault eviction" means an action brought by a landlord pursuant to
article 40 of title 13 for the eviction of a tenant under conditions described
in section 38-12-1303 (3).

(7) 
"Primary residence" means the address that is listed on a tenant's or
landlord's Colorado driver's license, identification card, or voter
registration; used for purposes of a tenant's or landlord's payment of state or
federal taxes; or used for the purpose of public school registration at the
time that a valid no-fault eviction is exercised by a landlord pursuant to
section 38-12-1303 (3).

(8) 
"Proper service" means service that complies with section 13-40-108.

(9) 
"Rent" means any money or other consideration paid to a landlord for
the right to use, possess, and occupy a dwelling unit.

(10) 
"Rental agreement" has the meaning set forth in section 38-12-502
(7).

(11) 
"Residential premises" has the meaning set forth in section 38-12-502
(8).

(12) 
"Short-term rental property" means a residential premises that is
leased:

(a) For
less than thirty consecutive days in exchange for remuneration and for
temporary, recreational, business, or transient purposes; or

(b) 
Pursuant to a rental agreement or other occupancy agreement if the tenant of
the rental agreement or other occupancy agreement is renting the residential
premises for less than six months from a landlord to which the tenant sold the
residential premises.

(13) 
"Substantial repairs or renovations" means repairs or renovations
that:

(a) 
Cannot be reasonably accomplished in a safe or efficient manner with the tenant
in place;

(b) Are
not repairs or renovations that are necessary to remedy a breach of the
warranty of habitability described in section 38-12-503; and

(c) 
Require the tenant to vacate the residential premises for at least thirty days.

(14) 
"Tenant" has the meaning set forth in section 38-12-502 (9).
"Tenant" does not include a home owner, as defined in section
38-12-201.5 (2).

(15) 
"Written notice" means written notice to vacate that:

(a) 
Complies with section 13-40-106; and

(b) Is
provided to a tenant by a landlord or by a landlord's agent.
Source: Legislative text reproduced verbatim
Plain English

Colo. Rev. Stat. § 38-12-1301 establishes the vocabulary used throughout Part 13 of Colorado's residential tenancy law, which governs just-cause eviction protections. Key terms defined here include "no-fault eviction" (a landlord-initiated eviction action under conditions specified in § 38-12-1303(3)), "substantial repairs or renovations" (work that cannot safely be done with the tenant present and requires at least a 30-day vacancy), and "primary residence" (determined by documents such as a driver's license, tax filings, or school registration records). These definitions set the interpretive boundaries for all rights and obligations described elsewhere in Part 13.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Part 13 should familiarize themselves with the precise definitions in Colo. Rev. Stat. § 38-12-1301, because terms like "landlord," "tenant," and "no-fault eviction" carry specific legal meanings that govern when and how eviction proceedings may be initiated. Notably, mobile home park operators are generally excluded from the definition of "landlord" under this section unless they are renting both the space and the home to a resident who is not in a lease-to-own arrangement. Operators who plan to invoke the "substantial repairs or renovations" ground for eviction should be aware that the work must meet all three criteria listed in subsection (13), including the requirement that the tenant vacate for at least thirty days.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-1301 defines the core terms that shape tenant protections throughout Part 13, including what qualifies as a "no-fault eviction" and how "primary residence" is established using documents like a driver's license or voter registration. Tenants should note that mobile home owners living under a lease-to-own agreement are excluded from the definition of "tenant" under this section, which may affect which protections apply to their situation. Tenants who believe a landlord's eviction action does not meet the definitions set out in § 38-12-1301 may have grounds to raise that issue as a defense in eviction proceedings, and tenant-rights organizations in Colorado can help explain how these definitions interact with broader Part 13 protections.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-801
Not yet ingested
Colo. Rev. Stat. § 38-12-1303
Not yet ingested
Colo. Rev. Stat. § 38-12-502
Not yet ingested
Colo. Rev. Stat. § 8-13.3-503
Not yet ingested
Colo. Rev. Stat. § 38-12-201.5
Not yet ingested
Colo. Rev. Stat. § 13-40-108
Not yet ingested
Colo. Rev. Stat. § 38-12-503
Not yet ingested
Colo. Rev. Stat. § 13-40-106
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

Snapshot SHA:
Fetched:Oct 16, 2026, 05:03 PM UTC