Colorado § 38-12-511 Application

Colorado Statutes

§ 38-12-511 — Application

Colorado·Title 38 Property -·Art. Tenants and Landlords

(1)Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements:

(a)Residence at a public or private institution, if such residence is incidental to detention or the provision of medical, geriatric, education, counseling, religious, or similar service;

(b)Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser, seller, or a person who succeeds to the occupant's interest; except that this subsection (1)(b) does not apply to a tenant occupying a dwelling unit under a lease-to-own contract;

(c)Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(d)Transient occupancy in a hotel or

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(1) Unless created to avoid its application, this part 5
shall not apply to any of the following arrangements:

(a) Residence at a public or private institution, if such residence is incidental
to detention or the provision of medical, geriatric, education, counseling, religious,
or similar service;

(b) Occupancy under a contract of sale of a dwelling unit or the property of
which it is a part, if the occupant is the purchaser, seller, or a person who succeeds
to the occupant's interest; except that this subsection (1)(b) does not apply to a
tenant occupying a dwelling unit under a lease-to-own contract;

(c) Occupancy by a member of a fraternal or social organization in the
portion of a structure operated for the benefit of the organization;

(d) Transient occupancy in a hotel or motel that lasts less than thirty days;

(e) Occupancy by an employee or independent contractor whose right to
occupancy is conditional upon performance of services for an employer or
contractor;

(f) Occupancy by an owner of a condominium unit or a holder of a proprietary
lease in a cooperative;

(g) Occupancy in a structure that is located within an unincorporated area of
a county, does not receive water, heat, and sewer services from a public entity, and
is rented for recreational purposes, such as a hunting cabin, yurt, hut, or other
similar structure;

(h) Occupancy under rental agreement covering a residential premises used
by the occupant primarily for agricultural purposes; or

(i) Any relationship between the owner of a mobile home park and the owner
of a mobile home situated in the park.

(2) Nothing in this part 5 shall be construed to limit remedies available
elsewhere in law for a tenant to seek to maintain safe and sanitary housing.

(3) Except as described in subsection (1) of this section, this part 5 applies to
all residential premises occupied by a tenant regardless of how the tenancy, rental
agreement, or housing arrangement is denominated.

(4) A claim, counterclaim, or action brought under this part 5 shall not have
any preclusive effect on a tenant's ability to assert other claims in a subsequent
action against the landlord for the same injury or arising from the same subject
matter or transaction.

Colorado § 38-12-511 (Application) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2008: Entire part added, p. 1827, � 3, effective September 1. L. 2024: (1)(b) and (2) amended and (3) and (4) added, (SB 24-094), ch. 158, p. 727, � 10, effective May 3.