Cal. Civ. Code § 38-12-213

Rental agreement - disclosure of terms in writing - prohibited provisions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLease Requirements

Operative Text

Cal. Civ. Code § 38-12-213
(1) The
management shall adequately disclose the terms and conditions of a tenancy in
writing in a rental agreement in English, or upon request in both English and
Spanish, to any prospective home owner before the rental or occupancy of a
mobile home space or lot. The disclosures must include:

(a) The
term of the tenancy and the amount of rent therefor, subject to the
requirements of subsection (4) of this section;

(b) The
day rental payment is due and payable;

(c) The
day when unpaid rent is considered in default for the purpose of establishing a
late fee, which day may not be less than ten calendar days after the day rent
is due and payable;

(d) The
rules and regulations of the park then in effect;

(e) The
name and mailing address where a manager's decision can be appealed; and

(f) All
charges to the home owner other than rent, including late fees.

(2) 
Said rental agreement shall be signed by both the management and the home
owner, and each party shall receive a copy thereof.

(3) The
management and the home owner may include in a rental agreement terms and
conditions not prohibited by this part 2.

(4) The
terms of tenancy shall be specified in a written rental agreement subject to
the following conditions:

(a) The
standard rental agreement shall be for a month-to-month tenancy.

(b) 
Upon written request by the home owner to the landlord, the landlord shall
allow a rental agreement for a fixed tenancy of not less than one year if the
home owner is current on all rent payments and is not in violation of the terms
of the then-current rental agreement; except that an initial rental agreement
for a fixed tenancy may be for less than one year in order to ensure conformity
with a standard anniversary date. A landlord shall not evict or otherwise
penalize a home owner for requesting a rental agreement for a fixed period.

(c) A
landlord may, in the landlord's discretion, allow a lease for a fixed period of
longer than one year. In such circumstances, the requirements of paragraphs (a)
and (b) of this subsection (4) shall not apply.

(5) A
rental agreement shall not include any provision:

(a) By
which a home owner waives any rights created by this part 2 or part 11 of this
article 12;

(b) 
That requires a home owner to agree to a possessory lien;

(b.5) 
That requires a home owner to waive the opportunity to purchase the park
allowed under section 38-12-217;

(c) 
That binds a home owner to arbitration in lieu of a civil trial; or

(d) 
That authorizes a third person to confess judgment on a claim that arises from
the rental agreement, this part 2, or part 11 of this article 12.

(6) Any
provision of a rental agreement that is prohibited by subsection (5) of this
section is against public policy, unenforceable, and void.

(7) It
is a violation of this part 2 for the management to require a home owner to
sign a new lease or agreement in violation of this section or to mislead a home
owner about the home owner's obligation to sign a new lease or agreement.
Source: Legislative text reproduced verbatim
Plain English

Under Colo. Rev. Stat. § 38-12-213, mobile home park management must provide prospective residents with a written rental agreement in English (or in both English and Spanish upon request) that clearly discloses rent amount, due dates, the late-fee default day (no earlier than ten calendar days after rent is due), park rules, appeal contacts, and all non-rent charges. Both parties must sign the agreement and each must receive a copy. Certain provisions are flatly prohibited—such as waivers of statutory rights, mandatory arbitration clauses, possessory lien requirements, and confession-of-judgment clauses—and any such provision is void as against public policy.

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

Plain English — not legal advice.

For Property Managers

Operators of mobile home parks subject to Colo. Rev. Stat. § 38-12-213 generally ensure that every rental agreement contains all required disclosures before a space is rented or occupied, including the late-fee default day (set no earlier than ten calendar days after rent is due). Compliant management honors written requests for fixed-term leases of at least one year from residents who are current on rent and not in violation of their existing agreement, and never retaliates against a resident for making such a request. Management also reviews agreements to confirm that none of the provisions prohibited by subsection (5) appear in any form.

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. § 38-12-213 gives mobile home residents the right to a written agreement disclosing all material terms before move-in, and the right to request a fixed-term lease of at least one year if they are current on rent and not in violation of their existing agreement. Clauses requiring arbitration, waiving statutory rights, or imposing a possessory lien are void and unenforceable under subsection (6). Residents who believe management has violated these requirements may consider contacting a tenant-rights organization, raising the violation as a defense in any related proceeding, or consulting an attorney familiar with Colorado mobile home park law.

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
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References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-217
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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