§ 38-12-202 — Tenancy - notice to terminate tenancy

(1) (a) Tenancy or other
lease or rental occupancy of space in a mobile home park may not commence
without a written lease or rental agreement, and tenancy in a mobile home park
shall not be terminated until a notice to terminate tenancy or notice of nonpayment
of rent has been served. A notice to terminate tenancy must be in writing and
include a description of the property. The property description is legally sufficient if
it states:

(I) The name of the landlord or the mobile home park;

(II) The mailing address of the property;

(III) The location or space number upon which the mobile home is situate; and

(IV) The county in which the mobile home is situate.

(b) Service of the notice to terminate tenancy must be as specified in section
13-40-108. Service by posting is deemed legally sufficient within the meaning of
section 13-40-108 if the notice is affixed to the main entrance of the mobile home.

(c) (I) Except as otherwise provided in section 38-12-204 (1) or subsections
(1)(c)(II) and (3) of this section, the management shall give a home owner at least
ninety days after the date the notice is served or posted to sell the mobile home or
remove it from the premises.

(II) If management terminates a tenancy on grounds described in section 38-12-203 (1)(f), the management shall give the home owner at least ten days after the
date the notice is served or posted to sell the mobile home or remove it from the
premises.

(2) Repealed.

(3) In any notice provided by the management as required by this section, the
management shall specify the reason for the termination, as described in section
38-12-203, of the tenancy that is the subject of the notice. If the management is
terminating the tenancy because the mobile home or mobile home lot is out of
compliance with local ordinances or state laws or rules relating to mobile homes
and mobile home lots, as described in section 38-12-203 (1)(a), or out of compliance
with written rules and regulations of the mobile home park, as described in section
38-12-203 (1)(c), the notice must include a statement advising the home owner that
the home owner has a right to cure the noncompliance within ninety days after the
date of service or posting of the notice to terminate tenancy. This ninety-day period
runs concurrently with the ninety-day period to sell the mobile home or remove it
from the premises as set forth in subsection (1)(c)(I) of this section. Rent payment
and other agreed tenant obligations remain in effect during this ninety-day period,
and acceptance of rent by a landlord during this ninety-day period does not
constitute a waiver of the landlord's right to terminate the tenancy for any
noncompliance described in section 38-12-203 (1)(a) or (1)(c).

(4) Notwithstanding any other provision of this section, in any action to
terminate a home owner's tenancy based on a violation described in section 38-12-203 (1)(a), the periods of time set forth in this section to provide home owners notice
or a right to cure are superseded by any local ordinances, state laws or rules, or
court orders that require a home owner's compliance within a shorter time period.

Legislative History

Source: L. 73: p. 641, � 1. C.R.S. 1963: � 58-2-2. L. 79: (1) amended, p. 1384, � 1, effective July 1. L. 81: IP(1)(a) R&RE, p. 1814, � 3, effective June 9. L. 87: (1)(c) and (1)(d) amended, p. 1311, � 3, effective May 8. L. 94: (1)(c) amended, p. 703, � 1, effective April 19. L. 96: (2) amended, p. 670, � 2, effective July 1. L. 99: (3) added, p. 65, � 1, effective August 4. L. 2000: (3) repealed, p. 148, � 2, effective July 1. L. 2010: Entire section amended, (SB 10-156), ch. 343, p. 1585, � 3, effective July 1. L. 2020: (1)(c) and (3) amended, (2) repealed, and (4) added, (HB 20-1196), ch. 195, p. 913, � 2, effective June 30. L. 2022: IP(1)(a) and (1)(c)(I) amended, (HB 22-1287), ch. 255, p. 1856, � 4, effective October 1. L. 2024: IP(1)(a), (1)(b), and (3) amended, (HB 24-1098), ch. 113, p. 364, � 9, effective April 19.