§ 38-12-203 — Reasons for termination

Colorado § 38-12-203

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Tenants and Landlords

Text

(1) The management of a mobile home
park may terminate a tenancy only for one or more of the following reasons:

(a) Except in the case of a home owner who cures a noncompliance as
described in section 38-12-202 (3), failure of the home owner to comply with local
ordinances and state laws and rules relating to mobile homes and mobile home lots;

(b) Repealed.

(c) Except in the case of a home owner who cures a noncompliance as
described in section 38-12-202 (3), failure of the home owner to comply with
written rules and regulations of the mobile home park that are enforceable
pursuant to section 38-12-214, are necessary to prevent material damage to real or
personal property or to the health or safety of one or more individuals, and were:

(I) Established by the management in the rental agreement at the inception
of the tenancy;

(II) Amended after the inception of the tenancy with the consent of the home
owner; or

(III) Amended after the inception of the tenancy without the consent of the
home owner after providing sixty days' prior written notice to the home owner.

(d) (I) Condemnation or change of use of the mobile home park. When the
owner of a mobile home park is formally notified by a notice of intent to acquire
pursuant to section 38-1-121 (1) or other similar provision of law, or a complaint in a
condemnation action from an appropriate governmental agency that the mobile
home park, or any portion thereof, is to be acquired by the governmental agency or
may be the subject of a condemnation proceeding, the landlord shall, within
seventeen days, notify the home owners in writing of the terms of the notice of
intent to acquire or complaint received by the landlord.

(II) If a landlord wants to change the use of a mobile home park, and the
change of use has been approved by the local or state authority or does not require
approval, and the change of use would result in the eviction of inhabited mobile
homes, the landlord shall give the owner of each mobile home that is subject to the
eviction a written notice of the landlord's intent to evict not less than twelve
months before the change of use of the land, which notice must be mailed to each
home owner. The notice must advise the home owner of the home owner's right to
compensation pursuant to subsection (3) of this section.

(e) The making or causing to be made, with knowledge, of materially false or
misleading statements on an application for tenancy;

(f) Conduct of the home owner or any lessee of the home owner or any guest,
agent, invitee, or associate of the home owner or lessee of the home owner that:

(I) Occurs on the mobile home park premises and unreasonably endangers
the life of the landlord, any home owner or lessee of the mobile home park, any
person living in the park, or any guest, agent, invitee, or associate of the home
owner or lessee of the home owner;

(II) Occurs on the mobile home park premises and constitutes willful, wanton,
or malicious damage to or destruction of property of the landlord, any home owner
or lessee of the mobile home park, any person living in the park, or any guest, agent,
invitee, or associate of the home owner or lessee of the home owner;

(III) Occurs on the mobile home park premises, materially harms or threatens
real or personal property or the health, safety, or welfare of one or more individuals
or animals, including pet animals, as defined in section 35-80-102 (10), and
constitutes a felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18; or

(IV) Was the basis for an action that declared the mobile home or any of its
contents a class 1 public nuisance under section 16-13-303.

(2) In an action pursuant to this part 2, the landlord shall have the burden of
proving that the landlord complied with the relevant notice requirements and that
the landlord provided the home owner with a statement of reasons for the
termination. In addition to any other defenses a home owner may have, it shall be a
defense that the landlord's allegations are false or that the reasons for termination
are invalid.

(3) A landlord shall not make any oral or written statement threatening
eviction for a violation or action that is not grounds for terminating a tenancy under
subsection (1) of this section. A home owner may file a complaint pursuant to
section 38-12-1105 or a civil action pursuant to section 38-12-220 for a violation of
this subsection (3). If the court determines that the landlord violated this subsection
(3), the court shall award a statutory penalty of up to twenty thousand dollars to
the plaintiff in addition to any other remedies authorized by section 38-12-220.

Legislative History

Source: L. 73: p. 642, � 1. C.R.S. 1963: � 58-2-3. L. 79: (1)(d) amended, p. 1386, � 3, effective July 1. L. 81: (1)(c) amended, p. 1814, � 4, effective June 9. L. 84: (1)(c) amended, p. 976, � 1, effective July 1. L. 87: (1)(a), (1)(b), (1)(c), (1)(d), and (2) amended, p. 1311, � 4, effective May 8. L. 94: (1)(f) added, p. 703, � 2, effective April 19. L. 96: IP(1), (1)(a), (1)(c), and (2) amended, p. 671, � 3, effective July 1. L. 2010: (1)(c) and (1)(d) amended, (SB 10-156), ch. 343, p. 1586, � 4, effective July 1. L. 2020: IP(1), (1)(a), (1)(c), (1)(d)(II), (1)(e), (1)(f)(III), and (1)(f)(IV) amended and (1)(b) repealed, (HB 20-1196), ch. 195, p. 914, � 3, effective June 30. L. 2022: (1)(d)(II) amended and (3) added, (HB 22-1287), ch. 255, p. 1857, � 5, effective October 1. L. 2024: IP(1)(c) amended, (HB 24-1294), ch. 399, p. 2732, � 2, effective June 30.