This is a complex question and is highly fact dependent. In Colorado, if a mobile home park owner provides false or misleading information about rent increases to deter buyers and sabotage sales, it may constitute fraudulent misrepresentation, tortious interference, or a violation of the Mobile Home Park Act (C.R.S. § 38-12-200.1 et seq.). The key issue is whether the park owner acted dishonestly in making these representations, or if not, do you have a claim under another legal theory.
Fraudulent Misrepresentation: Requires proof of false statements, intent to mislead, reliance by the buyer, and resulting damages.
Tortious Interference: Applies if misleading statements prevent a valid contract or business expectancy.
Violation of the Mobile Home Park Act: Engaging in deceptive practices to prevent home sales could be unlawful under C.R.S. § 38-12-217.
If the statements about future rent increases are true, claims based on misleading statements will not provide relief. Nevertheless, under C.R.S. § 38-12-214, park management from interfering with home sales except in cases where the buyer’s financial qualification, compliance with laws, or criminal history is at issue. If the park management provides truthful statements about a rent increase that is actually planned, those statements alone may not be considered interference.
C.R.S. § 38-12-219 does grant homeowners a private right of action if park management abuses or disregards state or local laws. If truthful statements are used in a misleading or harassing manner, or if they are selectively applied to discourage sales, there may still be grounds for legal action.
Finally, in Duhon v. Nelson, 126 P.3d 262, the court recognized claims for intentional interference with contract, intentional infliction of emotional distress, and outrageous conduct in mobile home park disputes. Even if statements about rent increases are factually accurate, wrongful conduct surrounding those statements—such as selectively discouraging buyers or misleading sellers—could still support a claim.
While truthful statements about future rent increases alone may not constitute interference, other wrongful conduct by the park management could support a claim. Because whether you have a claim at all, and which claims may apply is highly fact dependent, I would recommend speaking to an attorney to discuss your options. If you would like to speak to schedule a case assessment please contact us.