On what grounds can a Colorado park evict a home owner?

Under C.R.S. §38-12-203(1), 'the management of a mobile home park may terminate a tenancy only for one or more of the following reasons' — including failure to comply with local ordinances and state laws relating to mobile homes, failure to comply with enforceable written park rules necessary to prevent material damage or protect health or safety, condemnation or change of use of the park, and nonpayment of rent. A tenancy 'may not be terminated solely for the purpose of making the home owner's space ... available for another mobile home' (§38-12-205). This is general information, not advice about a specific case — consider consulting a licensed attorney in Colorado.

How much notice and time to cure does a Colorado home owner get?

For most grounds 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' (C.R.S. §38-12-202(1)(c)(I)), and a notice based on a code or rule violation must advise the home owner of 'a right to cure the noncompliance within ninety days' (§38-12-202(3)). For nonpayment, the notice must allow 'not less than ten days' to pay or remove the home (§38-12-204(1)).

Can a Colorado park retaliate against me for complaining?

No. Under C.R.S. §38-12-212.5, the management 'shall not take retaliatory action against a home owner or resident who exercises any right' under the Act, and an action is presumed retaliatory if within 120 days the home owner complained to a government agency, complained to management, organized or joined a tenants' association, or took part in an opportunity-to-purchase vote.

Mobile home eviction rules in Colorado

Colorado's Mobile Home Park Act (C.R.S. Part 2 of Article 12) sharply limits when a home owner can be evicted, builds in long notice and cure periods, requires a plain-language rights notice, and bars retaliation. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in Colorado.

What the statute says

Under C.R.S. §38-12-203(1), "the management of a mobile home park may terminate a tenancy only for one or more of the following reasons": failure to comply with local ordinances and state laws relating to mobile homes (unless cured); failure to comply with enforceable written rules "necessary to prevent material damage to real or personal property or to the health or safety of one or more individuals" (unless cured); condemnation or change of use of the park; and the nonpayment ground in §38-12-204. A tenancy "may not be terminated solely for the purpose of making the home owner's space in the park available for another mobile home" (§38-12-205).

Notice is long. Section 38-12-202(1)(c)(I) requires "at least ninety days after the date the notice is served or posted to sell the mobile home or remove it from the premises," and §38-12-202(3) requires a code- or rule-violation notice to advise the home owner of "a right to cure the noncompliance within ninety days." Nonpayment requires "not less than ten days" (§38-12-204(1)). Section 38-12-204.3 requires a separate plain-language "Important Notice to the Home Owner," in at least ten-point type, explaining the eviction process, any right to cure, and the options of mediation (§38-12-216) and the state's Dispute Resolution and Enforcement Program. After a court ruling for the landlord, "the home owner has not less than thirty days ... to either remove or sell the mobile home," extendable to 60 days with prepaid pro-rated rent (§38-12-204.3(2)). Retaliation is barred by §38-12-212.5, with a 120-day presumption.

How it works in general

A Colorado park can't evict a home owner except for the specific reasons in the Act, and it can't end a tenancy just to free the lot for a different home. For most violations the resident gets a remarkably long runway — at least 90 days to sell or move the home, and a 90-day chance to cure a code or rule problem. Nonpayment is shorter, at least 10 days to pay or remove. Every termination comes with a plain-language "Important Notice" telling the resident about cure rights, mediation, and the state complaint program. Even after losing in court, the resident gets 30 days (extendable to 60 with prepaid rent) to sell or remove the home. And the park can't retaliate against a resident who complains, organizes, or takes part in a community-purchase effort.

Common scenarios

General examples Colorado park residents commonly encounter:

A resident gets a notice over a rule violation. It must state a 90-day right to cure (§38-12-202(3)).
A resident falls behind on rent. The notice must allow at least 10 days to pay or remove the home (§38-12-204(1)).
A resident is threatened after joining a tenants' association. Retaliation is presumed for 120 days (§38-12-212.5).

Other authorities that may apply

The Mobile Home Park Act (C.R.S. §§38-12-202 through 38-12-205, 38-12-204.3, 38-12-212.5) sets the grounds, notice, cure, and anti-retaliation rules; the eviction action runs through article 40 of title 13. Mediation is available under §38-12-216, and the Division of Housing's Dispute Resolution and Enforcement Program (§38-12-1104) handles complaints. Federal protections such as the Servicemembers Civil Relief Act and the Fair Housing Act can also apply.