Cal. Civ. Code § 38-12-212.5
Prohibition on retaliation and harassment - definition.
Operative Text
(1) The management shall not take retaliatory action against a home owner or resident who exercises any right conferred upon the home owner or resident by this part 2, part 11 of this article 12, or any other provision of law. (2) Except as described in subsection (3) of this section, in an action or administrative proceeding by or against a home owner or resident, the management's action is presumed to be retaliatory if, within the one hundred twenty days preceding the management's action, the home owner or resident: (a) Complained or expressed an intention to complain to a governmental agency about a matter relating to the mobile home park; (b) Submitted a complaint to the management about a violation described in this part 2; (c) Organized or became a member of a tenants' association or similar organization; (d) Made any other effort to secure or enforce any of the rights or remedies provided by this part 2 or any other provision of law; (e) Participated in a vote or decision-making process concerning the opportunity to purchase the mobile home park pursuant to section 38-12-217; (f) Filed a water quality complaint or requested remediation to address a water quality issue under part 10 of article 8 of title 25; or (g) Requested that the landlord provide communications required in this part 2 or part 11 or 14 of this article 12 in a language other than English. (3) The presumption of retaliatory action described in subsection (2) of this section does not apply to an action or administrative hearing where the management: (a) Addresses nonpayment of rent by a home owner or resident, as described in section 38-12-204; or (b) Was notified by a peace officer or otherwise became aware that the mobile home that is the basis of the administrative hearing was being operated as an illegal drug laboratory, as defined in section 25-18.5-101 (8). (4) The management may rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose. (4.5) The management shall not: (a) Harass, intimidate, or threaten, or attempt to harass, intimidate, or threaten, any person for filing or attempting to file a complaint, joining or attempting to join an association of residents or home owners, engaging in activities to promote the organizing and education of residents and home owners, or voting or attempting to vote on a matter before the association of residents or home owners; or (b) Coerce or require a person to sign an agreement. (5) The rights and remedies provided by this section are available to home owners and residents in addition to the anti-retaliation protection provided in section 38-12-1105 (13). (6) As used in this section, unless the context otherwise requires, "organizing" includes: (a) Facilitating or attending a meeting for purposes of forming a tenants' organization or filing a complaint, even if the organization is not yet formed or the complaint has not yet been filed when the retaliation occurs; or (b) Distribution of flyers or other promotional or educational materials related to tenant organization efforts.
Colo. Rev. Stat. § 38-12-212.5 prohibits mobile home park management from taking retaliatory action against a home owner or resident who exercises legal rights, such as filing complaints, joining a residents' association, or requesting communications in another language. When management takes an adverse action within 120 days of a resident engaging in one of the protected activities listed in the statute, that action is legally presumed to be retaliatory — though management can rebut that presumption with evidence of a legitimate, non-retaliatory reason. The provision also separately bars management from harassing, intimidating, threatening, or coercing residents in connection with those same protected activities.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-212.5, compliant mobile home park operators are careful to document the independent, non-retaliatory business reasons behind any adverse action taken against a home owner or resident, particularly when that action follows within 120 days of protected activity such as a complaint or association membership. Operators generally maintain consistent, written policies for rent enforcement and other management decisions so that the basis for any action is clear and defensible. Because the statute also prohibits harassment and coercion entirely — not just presumptively — operators typically train staff to avoid conduct that could be characterized as intimidation or threats directed at residents exercising their rights.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-212.5 gives mobile home park residents and home owners protection against retaliation for a broad range of activities, including complaining to a government agency, joining a residents' association, requesting language-access communications, or participating in a park-purchase vote. If management takes an adverse action within 120 days of a resident engaging in one of those protected activities, the law presumes the action was retaliatory, which can be raised as a defense in an administrative or legal proceeding. Residents who believe they have experienced retaliation or harassment may consider contacting a local tenant-rights organization, reaching out to a relevant Colorado state agency, or consulting an attorney familiar with mobile home park law to understand the options available under this provision.
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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