Cal. Civ. Code § 38-12-1302
Applicability.
Operative Text
(1) This part 13 applies to every residential premises in the state; except that this part 13 does not apply to: (a) A short-term rental property; (b) A dwelling unit or other portion of a residential premises if the owner or master tenant lives in and maintains the residential premises as the owner's or master tenant's primary residence or if the owner of the residential premises lives in a property that is adjacent to the residential premises and that the owner maintains as the owner's primary residence and the residential premises or the owner's adjacent property: (I) Is: (A) A single-family home with or without an accessory dwelling unit that is located on the same lot and attached, semi-attached, or unattached to the single-family home; (B) A duplex; or (C) A triplex; and (II) Is not a multifamily property of four or more dwelling units; (c) A mobile home space, as defined in section 38-12-201.5 (6.5), that is leased to a home owner, as defined in section 38-12-201.5 (2), or to other tenants occupying the mobile home space pursuant to a lease-to-own agreement, purchase option, or similar agreement; (d) A residential premises that is leased to a tenant pursuant to an employer-provided housing agreement, as defined in section 13-40-104; (e) A residential tenant who has not been a tenant of a residential premises for at least twelve months; or (f) A residential tenant who is not known to the landlord to be a tenant of the residential premises.
Colo. Rev. Stat. § 38-12-1302 establishes which residential properties in Colorado fall under Part 13's tenant protections and which do not. The rule broadly covers residential premises statewide, but carves out several categories: short-term rentals, owner- or master-tenant-occupied small properties (single-family homes, duplexes, and triplexes, including adjacent-owner situations), certain mobile home spaces under lease-to-own arrangements, employer-provided housing, and tenants who have lived at a property for fewer than twelve months or whose tenancy is unknown to the landlord. Whether a given property or tenancy falls inside or outside these exemptions determines whether Part 13's protections apply at all.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-1302, operators of residential properties should understand that Part 13 obligations attach broadly across Colorado's rental housing stock, but that certain property types and tenancy situations are excluded. Compliant operators of small owner-occupied properties—such as a duplex or triplex where the owner lives on-site or in an adjacent primary residence—generally document that owner-occupancy status, since it is a condition of the exemption. Operators also typically track tenancy duration, as Part 13 does not extend to tenants with less than twelve months of continuous tenancy at the premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-1302 determines whether the protections in Part 13 apply to a particular rental situation, so understanding whether an exemption covers your housing is a meaningful first step. Tenants who have lived at a residential premises for at least twelve months and whose tenancy is known to the landlord are generally within Part 13's scope, unless another exemption—such as owner-occupancy of a small property—applies. Tenants who want to assess whether they fall inside or outside these exemptions can consult a local tenant-rights organization or Colorado's state housing resources for general guidance.
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.
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