(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 ste
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(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.