C.R.S. Section 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 shall occur at the same time and in the same manner as service of:

(a)

The notice to quit 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 in at least ten-point type and must read as follows:
IMPORTANT NOTICE TO THE HOME OWNER:
This notice and the accompanying notice to quit/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 QUIT:
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 quit. 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: Section 38-12-204.3 — Notice required for termination, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑12‑101
Legislative declaration 38‑12‑102
Definitions 38‑12‑102.5
Security deposits - maximum amount 38‑12‑103
Return of security deposit 38‑12‑104
Return of security deposit - hazardous condition - gas appliance 38‑12‑105
Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice 38‑12‑106
Security deposits - limitation on pet security deposit and rent - definition 38‑12‑200.1
Short title 38‑12‑200.2
Legislative declaration 38‑12‑201
Application of part 2 38‑12‑201.3
Legislative declaration - increased availability of mobile home parks 38‑12‑201.5
Definitions 38‑12‑202
Tenancy - notice to quit 38‑12‑202.5
Action for termination 38‑12‑203
Reasons for termination 38‑12‑203.5
Change in use of the park - remedies for home owners - definitions 38‑12‑204
Nonpayment of rent - notice required for rent increase - limitation on rent increases 38‑12‑204.3
Notice required for termination 38‑12‑205
Termination prohibited 38‑12‑206
Home owner meetings - assembly in common areas - meeting hosted by landlord 38‑12‑207
Security deposits - legal process 38‑12‑208
Remedies 38‑12‑209
Entry fees prohibited 38‑12‑210
Closed parks prohibited 38‑12‑211
Selling and transfer fees prohibited - “for sale” signs permitted 38‑12‑212
Certain types of landlord-seller agreements prohibited 38‑12‑212.3
Responsibilities of landlord - acts prohibited 38‑12‑212.4
Required disclosure and notice of water usage and billing - responsibility for leaks 38‑12‑212.5
Prohibition on retaliation and harassment - definition 38‑12‑212.7
Landlord utilities account 38‑12‑213
Rental agreement - disclosure of terms in writing - prohibited provisions 38‑12‑214
Rules and regulations - amendments - notice - complaints 38‑12‑215
New developments and parks - rental of sites to dealers authorized 38‑12‑216
Mediation, when permitted - court actions 38‑12‑217
Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition 38‑12‑218
Mobile home owners - right to form a cooperative 38‑12‑219
Home owners’ and landlords’ rights 38‑12‑220
Private civil right of action 38‑12‑221
Access by counties and municipalities 38‑12‑222
Residents’ right to privacy 38‑12‑223
Tenancy and park sale records 38‑12‑301
Control of rents by counties and municipalities prohibited - legislative declaration 38‑12‑302
Definitions 38‑12‑401
Definitions 38‑12‑402
Protection for victims of unlawful sexual behavior, stalking, or domestic violence 38‑12‑501
Legislative declaration - matter of statewide concern - purposes and policies 38‑12‑502
Definitions 38‑12‑503
Warranty of habitability - notice - landlord obligations 38‑12‑504
Tenant’s maintenance of premises 38‑12‑505
Uninhabitable residential premises - habitability procedures - rules 38‑12‑506
Exception for certain single-family residences 38‑12‑507
Breach of warranty of habitability - tenant’s remedies 38‑12‑508
Landlord’s defenses to a claim of breach of warranty - limitations on claiming a breach 38‑12‑509
Prohibition on retaliation 38‑12‑510
Unlawful removal or exclusion 38‑12‑511
Application 38‑12‑601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions 38‑12‑701
Notice of rent increase 38‑12‑702
Limit on frequency of residential rent increases 38‑12‑801
Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions 38‑12‑802
Tenant payment - receipts 38‑12‑803
Disclosure - elevated radon - definition 38‑12‑901
Short title 38‑12‑902
Definitions 38‑12‑903
Rental application fee - limitations 38‑12‑904
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice 38‑12‑905
Violations - liability - notice required - exceptions - no exhaustion of remedies required 38‑12‑1001
Definitions 38‑12‑1002
Bed bugs - notification to landlord - landlord duties 38‑12‑1003
Bed bugs - inspections - treatments - costs 38‑12‑1004
Bed bugs - access to dwelling unit and personal belongings - notice - costs 38‑12‑1005
Bed bugs - renting of dwelling units with bed bugs prohibited 38‑12‑1006
Remedies - liability 38‑12‑1007
Relationship to warranty of habitability 38‑12‑1101
Short title 38‑12‑1102
Legislative declaration 38‑12‑1103
Definitions 38‑12‑1104
Dispute resolution program - creation - division of housing - duties - report - rules 38‑12‑1105
Dispute resolution program - complaint process 38‑12‑1106
Registration of mobile home parks - process - fees 38‑12‑1107
Registration information database 38‑12‑1108
Mobile home park complaint and water issue database 38‑12‑1109
Mobile home park act dispute resolution and enforcement program annual report 38‑12‑1110
Mobile home park act dispute resolution and enforcement program fund 38‑12‑1201
Short title 38‑12‑1202
Definitions 38‑12‑1203
Prohibition on activities related to a tenant’s immigration or citizenship status 38‑12‑1204
Authorized conduct 38‑12‑1205
Remedies
Green check means up to date. Up to date

Current through Fall 2024

§ 38-12-204.3’s source at colorado​.gov