Colorado § 38-12-204.3 - Notice required for termination.

§ 38-12-204.3. Notice required for termination.

(1) Where the tenancy of a mobile home owner is being terminated under section 38-12-202 or section 38-12-204, the landlord or mobile home park owner shall provide such mobile home owner with written notice as provided for in subsection (2) of this section. Service of such notice must occur at the same time and in the same manner as service of:

(a) The notice to terminate tenancy as provided in section 38-12-202 (1); or

(b) The notice of nonpayment of rent as provided in section 38-12-204 (1).

(2) The notice required under this section must be provided pursuant to section 38-12-212.9 in at least twelve-point type and must read as follows:

IMPORTANT NOTICE TO THE HOME OWNER:

​ This notice and the accompanying notice to terminate tenancy/notice of nonpayment of rent are the first steps in the eviction process. Any dispute you may have regarding the grounds for eviction should be addressed with your landlord or the management of the mobile home park or in the courts if an eviction action is filed. Please be advised that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104, Colorado Revised Statutes, may provide you with legal protection.

​ NOTICE TO TERMINATE TENANCY: In order to terminate a home owner's tenancy, the landlord or management of a mobile home park must serve to a home owner a notice to terminate tenancy. The notice must be in writing and must contain certain information, including:

• The grounds for the termination of the tenancy;

• Whether or not the home owner has a right to cure under the "Mobile Home Park Act"; and

• That the home owner has the option of mediation pursuant to section 38-12-216, Colorado Revised Statutes, of the "Mobile Home Park Act" and the option of filing a complaint through the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104, Colorado Revised Statutes.

NOTICE OF NONPAYMENT OF RENT: In order to terminate a home owner's tenancy due to nonpayment of rent, the landlord or management of a mobile home park must serve to a home owner a notice of nonpayment of rent. The notice must be in writing and must require that the home owner either make payment of rent or sell the owner's unit or remove it from the premises within a period of not less than ten days after the date the notice is served or posted, for failure to pay rent when due.

​ CURE PERIODS: If the home owner has a right to cure under the "Mobile Home Park Act", the landlord or management of a mobile home park cannot terminate a home owner's tenancy without first providing the home owner with a time period to cure the noncompliance. "Cure" refers to a home owner remedying, fixing, or otherwise correcting the situation or problem that made the tenancy subject to termination pursuant to sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.

​ COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE TENANCY: After the last day of the applicable notice period required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal action may be commenced to take possession of the space leased by the home owner. In order to evict a home owner, the landlord or management of the mobile home park must prove:

• The landlord or management complied with the notice requirements of the "Mobile Home Park Act";

• The landlord or management provided the home owner with a statement of reasons for termination of the tenancy; and

• The reasons for termination of the tenancy are true and valid under the "Mobile Home Park Act".

​ To defend against an eviction action, a home owner must appear in court. If the court rules in favor of the landlord or management of the mobile home park, the home owner has not less than thirty days from the time of the ruling to either remove or sell the mobile home and to vacate the premises. If the home owner wishes to extend such period beyond thirty days but not more than sixty days from the date of the ruling, the home owner shall prepay to the landlord an amount equal to a pro rata share of rent for each day following the expiration of the initial thirty-day period after the court's ruling that the mobile home owner will remain on the premises. All prepayments shall be paid no later than thirty days after the court ruling. This section does not preclude earlier removal by law enforcement officers of a mobile home or one or more mobile home owners or occupants from the mobile home park if a mobile home owner violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303, Colorado Revised Statutes.

Source: L. 2000: Entire section added, p. 146, § 1, effective July 1. L. 2010: (2) amended, (SB 10-156), ch. 343, p. 1587, § 5, effective July 1. L. 2019: (2) amended, (HB 19-1309), ch. 281, p. 2629, § 7, effective May 23. L. 2020: (2) amended, (HB 20-1196), ch. 195, p. 915, § 4, effective June 30. L. 2024: IP(1), (1)(a), and (2) amended, (HB 24-1098), ch. 113, p. 365, § 10, effective April 19; (2) amended, (HB 24-1294), ch. 399, p. 2733, § 5, effective June 30.

Editor's note: Amendments to subsection (2) by HB 24-1098 and HB 24-1294 were harmonized.

Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 24-1098, see section 1 of chapter 113, Session Laws of Colorado 2024.