(1)(a) Upon granting judgment for possession by the
landlord in a forcible entry and detainer action, the court shall immediately issue a
writ of restitution which the landlord shall take to the sheriff. In addition, if a money
judgment has been requested in the complaint and if service was accomplished by
personal service, the court shall determine and enter judgment for any amounts
due to the landlord and shall calculate a pro rata daily rent amount that must be
paid for the home to remain in the park. The court may rely upon information
provided by the landlord or the landlord's attorney when determining the pro rata
daily rent amount to be paid by the home owner. Upon receipt of the writ of
restitution, the sheriff shall serve notice in accordance with the requirements of
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(1) (a) Upon granting judgment for possession by the
landlord in a forcible entry and detainer action, the court shall immediately issue a
writ of restitution which the landlord shall take to the sheriff. In addition, if a money
judgment has been requested in the complaint and if service was accomplished by
personal service, the court shall determine and enter judgment for any amounts
due to the landlord and shall calculate a pro rata daily rent amount that must be
paid for the home to remain in the park. The court may rely upon information
provided by the landlord or the landlord's attorney when determining the pro rata
daily rent amount to be paid by the home owner. Upon receipt of the writ of
restitution, the sheriff shall serve notice in accordance with the requirements of
section 13-40-108, C.R.S., to the home owner of the court's decision and entry of
judgment.
(b) The notice of judgment must state that, at a specified time not less than
thirty days from the entry of judgment, which may be extended to not more than
sixty days after the entry of judgment if the home owner has prepaid no later than
thirty days after the court ruling 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, and in
instances where the mobile home must be removed from the mobile home lot, the
sheriff shall return to serve a writ of restitution and superintend the peaceful and
orderly removal of the mobile home under that order of court. The notice of
judgment must also advise the home owner, in instances where the mobile home
must be removed from the mobile home lot, to prepare the mobile home for removal
from the premises by removing the skirting, disconnecting utilities, attaching tires,
and otherwise making the mobile home safe and ready for highway travel.
(c) Should the home owner fail to have the mobile home safe and ready for
physical removal from the premises or should inclement weather or other
unforeseen problems occur at the time specified in the notice of judgment, the
landlord and the sheriff may, by written agreement, extend the time for the
execution of the writ of restitution to allow time for the landlord to arrange to have
the necessary work done or to permit the sheriff's execution of the writ of
restitution at a time when weather or other conditions will make removal less
hazardous to the mobile home.
(d) If the mobile home is not removed from the landlord's land on behalf of
the mobile home owner within the time permitted by the writ of restitution, then the
landlord and the sheriff shall have the right to take possession of the mobile home
for the purposes of removal and storage. The liability of the landlord and the sheriff
in such event shall be limited to gross negligence or willful and wanton disregard of
the property rights of the home owner. The responsibility to prevent freezing and to
prevent wind and weather damage to the mobile home lies exclusively with those
persons who have a property interest in the mobile home; except that the landlord
may take appropriate action to prevent freezing, to prevent wind and weather
damage, and to prevent damage caused by vandals.
(e) Reasonable removal and storage charges and the costs associated with
preventing damage caused by wind, weather, or vandals can be paid by any party in
interest. Those charges will run with the mobile home, and whoever ultimately
claims the mobile home will owe that sum to the person who paid it.
(2) (a) Prior to the issuance of said writ of restitution, the court shall make a
finding of fact based upon evidence or statements of counsel that there is or is not
a security agreement on the mobile home being subjected to the writ of restitution.
A written statement on the mobile home owner's application for tenancy with the
landlord that there is no security agreement on the mobile home shall be prima
facie evidence of the nonexistence of such security agreement.
(b) In those cases where the court finds there is a security agreement on the
mobile home subject to the writ of restitution and where that holder of the security
agreement can be identified with reasonable certainty, then, upon receipt of the
writ of restitution, the plaintiff shall promptly inform the holder of such security
agreement as to the location of the mobile home, the name of the landlord who
obtained the writ of restitution, and the time when the mobile home will be subject
to removal by the sheriff and the landlord.
(3) The remedies provided in part 1 of this article and article 40 of title 13,
C.R.S., except as inconsistent with this part 2, shall be applicable to this part 2.